Section 183.456. Refusal, suspension or revocation of license with prior hearing

(a) Upon receipt of a complaint filed under the provisions of § 183.453 (relating to complaints) or upon information, the Commission shall decide whether a citation should be issued against the licensee. Such citation may be signed by the Commission Chairman or the Executive Secretary of the Commission.

(b) The citation shall recite:

(1) The time, place and nature of the hearing.

(2) The provisions alleged to have been violated.

(3) A clear and concise factual statement sufficient to inform each party with reasonable definiteness of the type of acts or practices alleged to have been committed.

(c) In fixing the times and place for hearings, due regard shall be had for the convenience of the parties and their representative.

Notation

Notes of Decisions

A ‘‘Procedure Before Judges’’ notice does not have to include a ‘‘clear and concise factual statement sufficient to inform with reasonable definiteness of the type of acts or practices alleged to have been committed.’’ Frizalone v. Harness Racing Commission, 535 A.2d 288 (Pa. Cmwlth. 1987).

Cross References

This section cited in 58 Pa. Code § 183.62 (relating to duties of judges); and 58 Pa. Code § 183.67 (relating to duties of starter).