Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 2336 (April 27, 2024).

Pennsylvania Code



Subchapter E. PROCEDURE BEFORE JUDGES


Sec.


185.101.    Notice required.
185.102.    Contents of notice.
185.103.    Testimony.
185.104.    Hearing.
185.105.    Presence of judges at hearing.
185.106.    Original record.
185.107.    Notice of penalty.
185.108.    Review and appeal.

§ 185.101. Notice required.

 Before any penalty may be imposed by a judge under the provisions of this part, notice in writing must be given to the party to be charged with a violation.

Cross References

   This section cited in 58 Pa. Code §  185.102 (relating to contents of notice).

§ 185.102. Contents of notice.

 The notice required by §  185.101 (relating to notice required) shall:

 (1)  Notify the party of the infraction for which he is charged.

 (2)  State the time and place of hearing.

§ 185.103. Testimony.

 All testimony at such hearing shall be given under oath and a record shall be made of the hearing either by use of a tape recorder or by court reporters’ transcript.

§ 185.104.  Hearing.

 No final determination shall be made by the judges until the hearing is completed and all the evidence has been received and the party charged has been given the opportunity to hear all of the evidence presented against him.

§ 185.105.  Presence of judges at hearing.

 At least the presiding judge and one associate judge shall be present at the hearing.

§ 185.106. Original record.

 The original record of the hearing shall be delivered to the Commission immediately following notice of the determination to the party charged and heard. If notice of the penalty has been given orally by the presiding judge to the party charged as well as by writing, the record shall contain a statement that such oral notice was given and the date, time and place when it was given. The record shall also state the date and manner that written notice thereof was given.

§ 185.107.  Notice of penalty.

 In all cases, notice of any penalty shall be given in writing to the party charged. A penalty is imposed from the time that notice thereof is given to the party charged. When such notice is given to the party charged orally by the presiding judge, the penalty is imposed from the time of such oral notice.

§ 185.108. Review and appeal.

 The Commission may investigate, consider, and review any decision or ruling of the judges of a meeting upon its own motion or upon the request of an aggrieved party. Such appeal from the decision or ruling of judges must be made in writing within ten days following the oral or written notice of such decision or ruling whichever occurs first. The appeal must be sworn to before a Notary Public or one of the judges of the meeting.



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