Pennsylvania Code
Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT
Part I - General Administration
Subpart B - Local Government Unit Debt Act Administrative Rules and Procedures
Chapter 11 - LOCAL GOVERNMENT UNIT DEBT ACT ADMINISTRATIVE RULES AND PROCEDURES
Section 11.14 - Presiding officer
Universal Citation: 12 PA Code ยง 11.14
Current through Register Vol. 54, No. 12, March 23, 2024
(a) A complaint or petition, upon filing with the Department, will be assigned to a presiding officer who will be appointed by the Secretary for that purpose.
(b) The presiding officer will have powers and authority, subject to this chapter and the act, to:
(1) Receive pleadings, documents and
submittals in respect of an adjudicatory proceeding filed under section 8211 of
the act (relating to petitions for declaratory orders and complaints to
department).
(2) Regulate the
course, conduct and scope of hearings and oral arguments, including the
scheduling thereof, and the recessing, reconvening and adjournment
thereof.
(3) Administer oaths and
affirmations.
(4) Issue
subpoenas.
(5) Rule upon offers of
proof and receive evidence.
(6)
Take or cause depositions or other discovery to be taken.
(7) Dispose of procedural matters, including
motions, except those motions which render a final determination of the
proceedings.
(8) Allow and fix time
for the presentation of oral argument, as the presiding officer deems
appropriate, at or before the close of the taking of testimony.
(9) Promptly prepare and certify to the
Secretary, upon the conclusion of the presentation of the matter before the
presiding officer, or upon receipt of a motion to dismiss or other motion and
related documents involving the final determination of the proceeding, the
formal record, including briefs, if any, and a report of the presiding officer
which includes the findings of fact and conclusions of law of the presiding
officer.
(c) If a presiding officer at any time becomes unavailable, the Secretary will either designate another presiding officer, or will cause the record to be certified to the Secretary for decision, as may be deemed appropriate, after giving notice to the parties.
(d) This section supersedes 1 Pa. Code §§ 35.185-35.187, 35.190 and 35.203-35.207.
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