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

58 Pa. Code § 491a.2. Definitions.

§ 491a.2. Definitions.

 The following words and terms, when used in this subpart, have the following meanings, unless the context clearly indicates otherwise:

   Adjudication—An order, decree, decision, determination or ruling by the Board affecting the personal or property rights, privileges, immunities, duties, liabilities or obligations of the parties to the proceeding in which the adjudication is made.

   Complainant—The Bureau or other persons authorized by the Board to file a complaint.

   Consent agreement—A voluntary agreement or proposal to act based on specific terms which are entered into by all parties to a proceeding to resolve a disputed matter.

   Documentary evidence—Any document or paper which is presented and accepted as evidence in a proceeding.

   Documentary hearing—A proceeding limited to a review of documentary evidence submitted by the parties, including pleadings, documents, depositions, affidavits, interrogatories and transcripts.

   Exception—A formal objection to a report or recommendation of a presiding officer.

   Intervener—A person who petitioned to intervene in a proceeding and who was admitted by the Board as a participant to the proceeding.

   OHA—Office of Hearings and Appeals—A division of the Board charged with administrating and conducting hearings or other matters as the Board may direct.

   Oral hearing—A proceeding wherein the parties may present sworn testimony, documents or other evidence, and of which a verbatim record is made.

   Participant—A person admitted by the Board to limited participation in a proceeding.

   Party—A person who is named in or admitted to a proceeding before the Board and who has a direct interest in the subject matter of the proceeding.

   Prehearing conference—A proceeding to establish a schedule, discuss offers of settlement and identify other issues the Board or presiding officer may direct.

   Presiding officer

     (i)   A member of the Board, or other person designated by the Board to conduct a proceeding.

     (ii)   This definition supersedes 1 Pa. Code §  31.3 (relating to the definitions).

   Respondent—A person to whom an order or notice is issued by the Board or the Bureau instituting a proceeding or investigation.


   The provisions of this §  491a.2 amended under 4 Pa.C.S. § §  1202(b)(30), 1205 and 1207(2) and (9).


   The provisions of this §  491a.2 amended July 10, 2009, effective July 11, 2009, 39 Pa.B. 3446; amended February 1, 2013, effective February 2, 2013, 43 Pa.B. 660. Immediately preceding text appears at serial pages (344543) to (344544).

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