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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 § 494a.1. Generally.

§ 494a.1. Generally.

 (a)  A hearing calendar of all matters set for hearing will be maintained by the Clerk and will be in order of assignment as far as practicable. All matters will be conducted from Harrisburg, in person, by means of video conference or by telephone, unless a different site is designated by the Board, Executive Director or the presiding officer. The Board, Executive Director or the presiding officer, in its discretion with or without motion, may at any time with due notice to the parties advance or postpone any proceeding on the hearing calendar.

 (b)  Hearings will be held before the Board or presiding officer, and all appearances, including staff counsel participating, will be entered upon the record, with a notation on whose behalf each appearance is made. A notation will be made in the record of the names of the members of the staff of the Board participating, including accountants, and other experts who are assisting in the investigation of the matter. This section supersedes 1 Pa. Code § §  35.123 and 35.124 (relating to conduct of hearings; and appearances).

 (c)  In hearings, neither the Board nor the presiding officer will be bound by technical rules of evidence, and all relevant evidence of reasonably probative value may be received. Reasonable examination and cross-examination will be permitted at all oral hearings. If a party does not testify on his own behalf, the party may be called and examined as if under cross-examination.

 (d)  Subsection (a) supersedes 1 Pa. Code §  35.102 (relating to hearing calendar).


   The provisions of this §  494a.1 amended under 4 Pa.C.S. § §  1202(b)(30) and 1207(2) and (9).


   The provisions of this §  494a.1 amended February 1, 2013, effective February 2, 2013, 43 Pa.B. 660. Immediately preceding text appears at serial pages (344559) to (344560).

Cross References

   This section cited in 58 Pa. Code §  491a.7 (relating to presiding officers).

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