58 Pa. Code § 494a.4. Report or report and recommendation of the presiding officer.

§ 494a.4. Report or report and recommendation of the presiding officer.

(a)  Following a hearing, a report or report and recommendation of the presiding officer may be required by the Board, except that recommendations will not be made in proceedings involving the issuance, approval, renewal, revocation, suspension or conditioning of a license.
(b)  The presiding officer will, through the Clerk, certify to the Board a verbatim record of any oral hearing, all documents submitted for consideration, and a report or report and recommendation, when required, as soon as practicable after the conclusion of the hearing and expiration of the time for filing of briefs.
(c)  The presiding officer’s report or report and recommendation will include a statement of:
   (1)  Findings and conclusions, as well as the reasons or basis therefore, for all the material issues of fact, law or discretion presented on the record.
   (2)  The appropriate statutory provision, regulation, order, sanction, relief or denial thereof.
   (3)  Facts officially noticed under 1 Pa. Code §  35.173 (relating to official notice of facts), relied upon in the decision.
(d)  The report or report and recommendation will be in writing, provided to all parties, and will be part of the public record, except for matters and materials designated as confidential. Service will be in accordance with §  491a.5(d) (relating to service).
(e)  This section supersedes 1 Pa. Code § §  35.201—35.206 (relating to proposed reports generally).

Authority

   The provisions of this §  494a.4 amended under 4 Pa.C.S. § §  1202(b)(30), 1205 and 1207(2) and (9).

Source

   The provisions of this §  494a.4 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 (344560) to (344561).

Cross References

   This section cited in 58 Pa. Code §  511a.6 (relating to demand for hearing on the placement of a person on the exclusion list); and 58 Pa. Code §  1120a.6 (relating to demand for hearing on the exclusion of a person).

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