Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 51 Pa.B. 1118 (February 27, 2021).

58 Pa. Code § 491a.7. Presiding officers.

§ 491a.7. Presiding officers.

 (a)  When evidence is to be taken in a hearing, the Board or a presiding officer may conduct the hearing.

 (b)  The Board and presiding officers shall have the power and authority to:

   (1)  Regulate the course of hearings, including the scheduling thereof, and the recessing, reconvening and the adjournment thereof, unless otherwise provided by the Board, as provided in §  494a.1(a) (relating to generally).

   (2)  Administer oaths and affirmations.

   (3)  Issue subpoenas.

   (4)  Rule upon offers of proof and receive evidence.

   (5)  Preside over or cause depositions to be taken.

   (6)  Hold conferences before or during hearings.

   (7)  Dispose of procedural matters, but not before a proposed report, if any, to dispose of motions made during hearings to dismiss proceedings or other motions which involve final determination of proceedings has been submitted to the Board.

   (8)  Certify any question to the Board for consideration and disposition, within the presiding officer’s discretion, or upon direction of the Board.

   (9)  Submit proposed reports or reports and recommendations in accordance with this subpart.

   (10)  Take other action appropriate to the discharge of their duties as may be designated by the Board and authorized by the act.

 (c)  Except as authorized by law and by this subpart, a presiding officer may not, in a proceeding, consult with a party on a fact in issue or issue of law unless notice and opportunity for parties to participate has been given.

 (d)  Presiding officers will conduct fair and impartial hearings and maintain order. Disregard by parties or counsel of rulings of the presiding officer on mat-ters of order and procedure will be noted on the record, and if the presiding officer deems necessary, it will be made the subject of a special written report to the Board.

 (e)  If parties or counsel engage in disrespectful, disorderly or contumacious language or conduct in connection with any hearing, the presiding officer may immediately submit to the Board a report thereon, together with recommendations, and, in the presiding officer’s discretion, suspend the hearing.

 (f)  Rulings of presiding officers may not be appealed to the Board while the matter is pending before the presiding officer.

 (g)  This section supersedes 1 Pa. Code § §  35.185—35.190 (relating to presiding officers).

Authority

   The provisions of this §  491a.7 amended under 4 Pa.C.S. § §  1202(b)(30), 1205 and 1207(2) and (9).

Source

   The provisions of this §  491a.7 amended October 26, 2007, effective October 27, 2007, 37 Pa.B. 5774; amended July 11, 2009, effective July 12, 2009, 39 Pa.B. 3446; amended February 1, 2013, effective February 2, 2013, 43 Pa.B. 660. Immediately preceding text appears at serial pages (347510) and (344547).

Cross References

   This section cited in 58 Pa. Code §  493a.1 (relating to generally).



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