Section 233.116. Petitions requiring action prior to appointment of hearing officer

(a) The legal counsel to the Commission has the authority to decide upon an application, petition or motion requiring action prior to the appointment of a hearing officer, except that legal counsel may not enter an order which would constitute a final determination of the proceedings. The legal counsel may refer an application, petition or motion to the Commission for ultimate determination.

(b) An order issued by legal counsel may be reviewed by the Commission upon the filing of a petition of appeal under 1 Pa. Code § 35.20 (relating to appeals from actions of the staff), but neither orders issued by legal counsel nor the proceedings will be stayed pending review unless expressly ordered by the Chairperson or the legal counsel for the Commission.

The provisions of this § 233.116 adopted May 3, 2002, effective May 4, 2002, 32 Pa.B. 2226.

Notation

Cross References

This section cited in 22 Pa. Code § 233.113 (relating to disciplinary proceedings).