Section 1005.204. Briefs and oral argument before presiding officer

(a) In matters which do not require a hearing to develop an evidentiary record, the presiding officer may issue a recommended decision upon review of the petition and answer, if any.

(b) On the presiding officer’s own motion or at the request of a party, the presiding officer may order the filing of briefs in a form consistent with Subchapter F (relating to briefs) on a schedule the presiding officer deems appropriate.

(c) In the event briefs are filed, on the presiding officer’s own motion or at the request of a party the presiding officer may order the presentation of oral argument and impose limits on the argument that are deemed appropriate. When determining the propriety of oral argument the presiding officer will consider the limitations of time, the nature of the proceedings, the complexity or importance of the issues of fact or law involved and the public interest.

(d) Subsections (a)—(c) supersede 1 Pa. Code § 35.204 (relating to oral argument before presiding officer).

Notation

Cross References

This section cited in 52 Pa. Code § 1003.54 (relating to protests); 52 Pa. Code § 1003.73 (relating to Adjudication Department); and 52 Pa. Code § 1005.24 (relating to appeals from actions of the staff).