Section 3.8. Scheduling formal hearings

(a) General provisions.

(1) The hearing examiner shall notify the complainant and respondent of the date, time and location of the hearing at least 10 days prior to the selected date.

(2) The prehearing conference may be held at the discretion of the hearing examiner.

(3) The hearing examiner shall complete the hearing within 45 days of his receipt of the assignment at the time of his appointment by the Secretary.

(b) Continuances.

(1) Hearings shall commence on the first day scheduled and continuances may not be granted by the hearing examiner except for good cause shown. A hearing examiner may only grant a second continuance in extraordinary circumstances.

(2) Requests for a continuance shall be in writing and delivered to the hearing examiner and all parties or their representatives.

(3) The party requesting the continuance shall first consult the opposing party to seek agreement to the request. The written request should then state whether the request is unopposed.

(4) Objections to requests for a continuance shall be in writing and delivered to the hearing examiner and parties or their representatives. Objections shall be made immediately upon receipt of notification of a request for a continuance.

(c) Failure to appear at hearing.

(1) If the complainant or complainant’s representative fails to appear at the scheduled hearing without good cause, as determined by the hearing examiner, the complaint shall be deemed abandoned and shall be dismissed with prejudice.

(2) If the respondent fails to appear at the hearing without good cause as determined by the hearing examiner, the hearing shall proceed in absentia.

(3) If another party or the party’s representative fails to appear at the hearing without good cause as determined by the hearing examiner, the hearing examiner shall dismiss the matter with prejudice as to that party.

Notation

Cross References

This section cited in 6 Pa. Code § 11.292 (relating to written request for appeal).