Pennsylvania Code & Bulletin

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 7346 (November 25, 2023).

55 Pa. Code § 41.171. Independence.


§ 41.171. Independence.

 (a)  The presiding officers will act independently of employees or public officials of the Department whose actions are subject to review before the Bureau.

 (b)  The presiding officers may not engage in ex parte communications concerning a hearing with a party to the hearing.

 (c)  A presiding officer may withdraw from a proceeding when he deems himself disqualified, or he may be withdrawn by the agency head for good cause found after timely affidavits alleging personal bias or other disqualification have been filed and the matter has been heard by the agency head or by another presiding officer to whom the agency head has delegated the matter for investigation and report.

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