Current through Register Vol. 54, No. 44, November 2, 2024
(a) It is the
duty of the hearing officer and he has the power to do one or more of the
following:
(1) Schedule and conduct a hearing
as required to resolve the matter and to provide the parties with proper notice
of the hearing.
(2) Administer
oaths or affirmations to witnesses.
(3) Rule on motions, objections or other
matters arising during the hearing.
(4) Ensure that all parties have a full and
fair opportunity to be heard.
(5)
Ensure that a record of the proceedings is available for review by the
Commission.
(6) Advise witnesses
and parties to the hearing of the confidentiality requirements of the
act.
(7) Advise witnesses or the
respondents, when not represented by counsel, of their rights as
witnesses.
(8) Issue subpoenas upon
written request for the production of documents, records and persons needed for
the proceeding. The hearing officer will be provided with the name and
addresses of the persons and a description of the documents or records
involved, and will be satisfied that the documents, records or testimony are
relevant and are not protected by privilege.
(9) Arrange for the payment of witness fees
and mileage expenses or pay other related expenses as required by
law.
(b) The hearing
officer will make the following available to the Commission to the extent
applicable:
(1) A transcript of the hearing,
including exhibits.
(2) Motions,
briefs, memorandums or documents filed by a party to the
proceeding.
(c)
Subsection (a) supersedes 1 Pa. Code § 35.187 (relating to authority
delegated to presiding officers).
This section cited in 51 Pa. Code §
25.4 (relating to appeal of
determination); 51 Pa. Code §43.2 (relating to Commission
proceedings under section 1307 of the act); 51 Pa. Code §43.5 (relating to investigative
process for late or deficient filings); 51 Pa. Code §
63.2 (relating to Commission
proceedings regarding prohibited activities under section 13A07 of the act);
and 51 Pa. Code §
63.5 (relating to investigative
process for late or deficient filings).
