Section 51.28. Report of the presiding officer

(a) After the hearing is closed, the transcript prepared, and briefs, if any, received, the presiding officer will prepare a proposed report, the contents of which shall be in substantial compliance with 1 Pa. Code § 35.205 (relating to contents of proposed reports).

(b) A copy of the proposed report shall be served on respondent and other parties of record who shall thereafter have 30 days to file exceptions to the reporttogether with any brief on exceptions. Briefs opposing exceptions may be filed in accordance with 1 Pa. Code § 35.211 (relating to procedure to except to proposed report).

(c) If exceptions to the proposed report are not filed, the proposed report will be considered the final administrative adjudication of the Commission.

(d) If exceptions to the proposed report are filed, the proposed report, together with the entire record, the briefs, the exceptions, and briefs on and opposing exceptions will be filed by the Executive Director with the Chairperson of the Commission’s Law Enforcement Committee.

The provisions of this § 51.28 amended January 2, 1998, effective January 1, 1998, 28 Pa.B. 30. Immediately preceding text appears at serial pages (216390) and (227609).

Notation

Authority

The provisions of this § 51.28 amended under the Fish and Boat Code, 30 Pa.C.S. § § 741, 2502, 5122 and 5123; and section 506 of The Administrative Code of 1929 (71 P. S. § 186).