Section 35.202. Proceedings in which proposed reports are prepared

In proceedings in which prior to the conclusion of the hearing, the agency head, with notice to the parties, directs (in specific cases or by regulation) the presiding officer to prepare a proposed report, the presiding officer shall retain the record, hold oral argument as he deems necessary under § 35.204 (relating to oral argument before presiding officer), review the record in light of the applicable law, and prepare, certify and file with the office of the agency:

(1) A proposed report.

(2) A copy of the record of the hearing.

(3) The briefs, if any, filed in the proceeding.

Notation

Cross References

This section cited in 1 Pa. Code § 35.187 (relating to authority delegated to presiding officers); 1 Pa. Code § 35.204 (relating to oral argument before presiding officer); 1 Pa. Code § 35.226 (relating to final orders); 4 Pa. Code § 265.2 (relating to level I review); 4 Pa. Code § 265.3 (relating to level II hearings); 4 Pa. Code § 265.4 (relating to appeals—level III); 12 Pa. Code § 11.15 (relating to final orders); 22 Pa. Code § 121.8 (relating to applicant and recipient appeals and hearings); 22 Pa. Code § 121.34 (relating to institutional appeals and hearings); 22 Pa. Code § 201.4a (adjudicatory benefit appeal and request for administrative hearing); 22 Pa. Code § 201.11 (relating to proposed opinion and recommendation); 22 Pa. Code § 351.1 (relating to purpose and scope); 28 Pa. Code § 301.7 (relating to fair hearing); 28 Pa. Code § 1113.3 (relating to adjudication and order); 31 Pa. Code § 56.1 (relating to applicability of general rules); 31 Pa. Code § 56.2 (relating to adjudication procedure); 34 Pa. Code § 3a.9 (relating to suspension or revocation of Pennsylvania inspector commission); 34 Pa. Code § 81.83 (relating to conduct of hearings); 34 Pa. Code § 95.91 (relating to hearings); 34 Pa. Code § 111.18 (relating to decisions of the Board); 34 Pa. Code § 131.60 (relating to resolution hearings); 34 Pa. Code § 131.111 (relating to decisions of judges); 34 Pa. Code § 401.14 (relating to decertification or refusal to certify); 34 Pa. Code § 501.8 (relating to hearings/appeals); 37 Pa. Code § 21.61 (relating to hearing examiner’s recommendation); 37 Pa. Code § 197.51 (relating to decision of the Hearing Board); 37 Pa. Code § 197.71 (relating to decision of the Hearing Board); 37 Pa. Code § 197.93 (relating to decision of the Hearing Board); 37 Pa. Code § 407.34 (relating to posthearing actions); 52 Pa. Code § 5.531 (relating to certification of record without decision); 52 Pa. Code § 1005.202 (relating to certification of record without decision); 55 Pa. Code § 41.191 (relating to determinations and recommendations by the Bureau); 58 Pa. Code § 51.45 (relating to procedures); 58 Pa. Code § 494a.4 (relating to report or recommendation of the presiding officer); and 67 Pa. Code § 491.11 (relating to proposed report).