Section 35.203. Unavailability of presiding officer

If a presiding officer becomes unavailable to the agency, the agency head will either designate another qualified officer to prepare a proposed report or will cause the record to be certified to it for decision, as may be deemed appropriate, giving notice to the parties.

Notation

Notes of Decisions

Application

This regulation does not apply to proceedings in the Insurance Department. Kramer v. Insurance Department, 654 A.2d 203 (Pa. Cmwlth. 1995).

Compliance

If the hearing officer who denied an application for an insurance agent’s license leaves the Insurance Department after the initial hearing but before the matter is reviewed by the Insurance Commissioner and this section is not complied with, the matter will be remanded to the Department for a new hearing. Insurance Department v. MacFarland, 366 A.2d 957 (Pa. Cmwlth. 1976).

Cross References

This section cited in 12 Pa. Code § 11.14 (relating to presiding officer); 22 Pa. Code § 351.1 (relating to purpose and scope); 28 Pa. Code § 301.7 (relating to fair hearing); 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 § 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); 52 Pa. Code § 5.486 (relating to unavailability of presiding officer); 52 Pa. Code § 5.531 (relating to certification of record without decision); 52 Pa. Code § 1005.187 (relating to unavailability of presiding officer); 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 § 494a.4 (relating to report or recommendation of the presiding officer); and 67 Pa. Code § 491.11 (relating to proposed report).