Section 11.12. Hearings

(a) After receipt of a complaint or petition, the Department, with or without motion, may schedule a hearing to hear and determine procedural and substantive matters within the jurisdiction of the Department under the act arising from the proceedings of a local government unit taken under the act.

(b) The scope of the hearing may be limited by the presiding officer to specified legal or factual issues presented in the pleadings or a motion. The holding of a hearing may be conditional on the outcome of an initial hearing or oral argument on a motion to dismiss or other preliminary motion and a determination thereon by the presiding officer.

(c) This section supersedes 1 Pa. Code § § 35.101 and 35.102 (relating to general).

Notation

Notes of Decisions

Hearing

The Department may only hold a hearing on a complaint or petition if fraudulent conduct is alleged and supported by specific allegations. Since no fraud was alleged, it was error for the Department to conduct a hearing, and it’s decision made following the hearing was reversed. Northampton County v. Department of Community and Economic Development, 785 A.2d 1082 (Pa. Cmwlth. 2001); appeal granted 808 A.2d 573 (Pa. 2002); and order vacated 825 A.2d 1245 (Pa. 2003).