Pennsylvania Code
Title 58 - RECREATION
Part III - GAME COMMISSION
Chapter 145 - HEARING PROCEDURES
Subchapter A - GENERAL HEARING AND APPEALS PROCEDURE
Section 145.12 - Hearing authority
Universal Citation: 58 PA Code ยง 145.12
Current through Register Vol. 54, No. 44, November 2, 2024
(a) The hearing authority is the Director.
(b) It is the function of the hearing officer to do the following:
(1) Determine the
facts.
(2) Determine the
appropriate regulations that apply.
(3) Interpret a regulation when the
regulation is ambiguous.
(4) Apply
the law to the facts to determine the correct result.
(5) Recommend that the Director adopt the
result.
(6) The hearing officer's
recommendation shall be submitted to the Director or a designee within 30 days
of the conclusion of the hearing.
(c) Subsections (a) and (b) supplement 1 Pa. Code §35.187 (relating to authority delegated to presiding officers).
The provisions of this §145.12 issued under the act of June 3, 1937 (P. L. 1225, No. 316) (34 P. S. §§ 1311.101-1311.1502) (Repealed); and Game and Wildlife Code, 34 Pa.C.S. §§ 101-2965.
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