Section 183.463. Commission hearings

(a) The Commission, or any member thereof, may conduct hearings or the Commission may designate the Executive Secretary, General Counsel or any other qualified person to act as a hearing examiner.

(b) Members, officers or agents presiding at hearings shall have authority to:

(1) Administer oaths and affirmations.

(2) Issue subpoenas authorized by law.

(3) Rule upon offers of proof and receive relevant evidence.

(4) Take or cause depositions to be taken whenever the ends of justice would be served thereby.

(5) Regulate the course of the hearing.

(6) Hold conferences, where appropriate, for the settlement or simplification of issues by consent of the parties.

(7) Dispose of procedural requests or similar matters.

(8) Participate in making decisions.

(9) Take any other action authorized by these rules.

(c) A decision shall be made and an adjudication issued thereon solely on the basis of the evidence introduced at the hearing and from all other documents and matters of record introduced into evidence.

(d) Proponents of the hearing shall have the burden of proof.

(e) Technical rules of evidence need not be followed at the hearing, but all testimony shall be taken under oath and all irrelevant, immaterial, or unduly repetitious evidence shall be excluded.

(f) At any time after the service of process any party may serve upon any other party a written request for the admission of the genuineness of any relevant documents described in the request. Copies of the documents shall be delivered with the request. The Commission shall thereafter rule on the request and designate the time for reply.

(g) Bills of particulars may be required or denied by the Commission in its discretion in any manner, hearing or controversy pending before it.

(h) If, at the time and place scheduled for hearing, all parties to the record are not in attendance whether in person or by counsel, the matter may be heard ex parte.

(i) A licensee who shall have been cited to show cause why his license should not be suspended or revoked may waive in writing the hearing fixed thereon. Such waiver shall constitute an admission of the charges contained in the citation and an authorization to the Commission to enter a final order or decree.

(j) Contemptuous conduct shall be ground for exclusion from the hearing.

(k) Motions made during a hearing and objections with respect to the conduct of a hearing, including objection to the introduction of evidence, shall be stated orally and shall be included in the record of the hearing. Argument shall not be included in the record unless the Commission member, officer or agent presiding at the hearing shall so direct.

(l) At the conclusion of the hearing, all parties shall be afforded an opportunity thereafter to submit briefs and requests for findings of fact and conclusions of law prior to adjudication. Copies of any brief or requests so submitted shall be served upon all parties to the proceedings and proof thereof filed with the Commission. On the basis of such briefs or requests, any party may request oral argument before the Commission. Upon such request or upon his own motion, the Commission member, officer or agent presiding at the hearing, may order oral argument, upon due notice to all parties of the time and place of argument.

(m) Any petition for further hearing, for reopening or for rehearing, reconsideration or modification of a Commission order must be filed within the 30-day period allowed for an appeal from an adjudication and shall be in writing setting forth in numbered paragraphs the findings or orders of the Commission that may be involved, the points relied upon by the petitioner, appropriate record reference, and specific requests for the findings or orders desired. If the petition be for further hearing or for reopening the proceeding to take further evidence, the nature and purpose of the evidence to be adduced must be briefly stated.

(n) The Commission may, and upon its own motion reopen a hearing after notice to all parties and take further testimony at any time in which the record is within its control.

(o) A record of all testimony and exhibits, together with all papers, documents of record, and requests filed in the proceedings, shall constitute an exclusive record for decision. The record may either be in the form of a stenographic transcript or a recording of the proceedings preserved on tape, wire or other suitable recording device. The Commission shall not be required to make a transcript of the stenographic notes or recording unless an appeal is filed with the Commonwealth Court of Pennsylvania. Transcripts shall be available at prevailing rates. No partial transcripts or transcripts of uncompleted hearings shall be furnished. Where any Commission decision rests on official notice of a material fact not appearing in the evidence in the record, any party shall on timely request be afforded an opportunity to show the contrary.

Notation

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).