Section 145.11. Order of formal hearing

(a) At the outset, the hearing officer shall state:

(1) The purpose of the hearing.

(2) The procedure the hearing will follow.

(3) The deciding authority.

(4) The manner in which the decision will be transmitted to the parties.

(b) The hearing officer may ask each party to state the issue being contested.

(c) The parties may present their case through witnesses or documentary evidence.

(d) The hearing officer may question any witness to clarify the witness’s testimony.

(e) When documentary evidence is introduced, the hearing officer may rely solely upon documents and reports introduced when satisfied as to their authenticity, relevancy and accuracy.

(f) The hearing officer shall give each party an opportunity to make a closing statement before terminating the hearing.

(g) The hearing may be recessed and continued to another date at the discretion of the hearing officer.

(h) Subsection (c) supplements 1 Pa. Code § 35.161 (relating to form and admissibility of evidence). Subsection (d) supplements 1 Pa. Code § 35.137 (relating to oral examination).

The provisions of this § 145.11 adopted May 8, 1981, effective May 9, 1981, 11 Pa.B. 1577; amended February 21, 1986, effective February 22, 1986, 16 Pa.B. 527; amended June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464. Immediately preceding text appears at serial pages (104981) to (104982).

Notation

Authority

The provisions of this § 145.11 amended under the act of June 3, 1937 (P. L. 1225, No. 316) (34 P. S. § § 1311.101—1311.1502) (Repealed); and Game and Wildlife Code, 34 Pa.C.S. § § 101—2965.