Section 491.10. Hearings

(a) Recording. Upon the scheduling of a hearing, the docket clerk will arrange for a stenographer to record the testimony presented at the hearing.

(b) Presentation of evidence. The party with the burden of proof in a proceeding will proceed first with the presentation of evidence at a hearing.

(1) In matters involving the suspension or revocation of an existing permit, license or privilege by the Department, or the debarment of a contractor, the Department will proceed first with the presentation of evidence at the hearing.

(2) In matters involving the denial of an application for a permit, license, certificate, prequalification, privilege, credit toward suspension or other requested action by the Department, the permit or license applicant shall proceed first with the presentation of evidence at the hearing.

(3) In matters initiated by an intervener challenging the Department’s actions, the intervener shall proceed first with the presentation of evidence at the hearing.

(c) Authority of Department hearing officer. The Department hearing officer will preside at the hearing or scheduled prehearing conference and rule on questions regarding the admissibility of evidence or other matters relating to the conduct of the hearing.

(d) Findings of fact and conclusions of law. At the close of the hearing, the parties or other participants may, at the discretion of the Department hearing officer, be required or given an opportunity to file recommended findings of fact and conclusions of law, together with a brief or memorandum discussing the applicable law and relevant facts of record.

(e) Filing of hearing transcript. Upon the filing of the transcript of the hearing, the docket clerk shall mail notice of the date the transcript was filed to the parties.

(f) Supplementation. This section supplements 1 Pa. Code § § 35.123 and 35.125 (relating to the conduct of hearings; and the order of procedure).

The provisions of this § 491.10 adopted December 20, 1991, effective December 21, 1991, 21 Pa.B. 5825; amended July 27, 2001, effective July 28, 2001, 31 Pa.B. 4089. Immediately preceding text appears at serial pages (219677) to (219678).

Notation

Authority

The provisions of this § 491.10 issued under the Administrative Agency Law, 2 Pa.C.S. § § 501—508 and 701—704.