The following words and terms, when used in this part, have
the following meanings, unless the context clearly indicates otherwise:
Adjudication-An order, decree, decision,
determination or ruling by an agency affecting personal or property rights,
privileges, immunities, duties, liabilities or obligations of the parties to
the proceeding in which the adjudication is made.
Agency-A department, departmental
administration board or commission, officer, independent board or commission,
authority or other agency of the Commonwealth now in existence or hereafter
created, including-to the extent that it is an administrative agency within the
meaning of PA. CONT. art. V, § 9-the Governor's Office, but not including
the Senate or House of Representatives of this Commonwealth or a court,
political subdivision, municipal or other local authority, or an officer or
agency of a court, political subdivision or local authority.
Agency head-The secretary of a department,
a quorum of an authority or departmental administrative board or commission or
independent board or commission, or another officer or group of officers whose
action with respect to a matter pending before the agency exhausts opportunity
for administrative review within the agency and constitutes the action of the
administrative agency for the purposes of PA. CONT. art. V, § 9.
Applicants-In proceedings involving
applications for permission or authorization which the agency may give under
statutory or other authority delegated to it, the parties on whose behalf the
applications are made.
Complainants-Persons who complain to the
agency of an agency regulation or general order or anything done or omitted to
be done in violation of the provisions of a statute or other delegated
authority administered by the agency, orany orders, rules or regulations issued
thereunder, or another alleged wrong over which the agency may have
jurisdiction.
Formal record-The filings and submittals
in a matter or proceeding, a notice or agency order initiating the matter or
proceeding, and if a hearing is held, the following: the designation of the
presiding officer, transcript of hearing, exhibits received in evidence,
exhibits offered but not received in evi-dence, offers of proof, motions,
stipulations, subpoenas, proofs of service, references to the agency head and
determinations made by the agency head thereon, certifications to the agency
head and anything else upon which action of the presiding officer or the agency
head may be based; but not including a proposed testimony or exhibits not
offered or received in evidence.
Interveners-Persons intervening or
petitioning to intervene as provided by §§
35.27-35.31, when admitted as a
participant to a proceeding. Admission as an intervener may not be construed as
recognition by the agency that the intervener has a direct interest in the
proceeding or might be aggrieved by an order of the agency in the
proceeding.
Issue-Includes to prescribe or
promulgate.
Matter or proceeding-The elucidation of
the relevant facts and applicable law, consideration thereof and action
thereupon by the agency with respect to a particular subject within the
jurisdiction of the agency, initiated by a filing or submittal or an agency
notice or order.
Notarial officer-An officer authorized
under §
35.148 (relating to officer before
whom deposition is taken) to take depositions for use before an agency.
Office of the agency-The office of the
secretary of the agency if the agency is a board, commission or authority;
otherwise the office of the agency head.
Participant-A party, another person
admitted by the agency to limited participation in a proceeding and staff
counsel.
Petitioners-Persons seeking relief, not
otherwise designated in this section.
Pleading-An application, complaint,
petition, answer, protest, reply or other similar document filed in an
adjudicatory proceeding.
Presiding officer-A member of the agency,
or one or more trial examiners appointed according to law and designated, to
preside at hearings or conferences, or other officers specially provided for
and designated under statute to conduct specified classes of proceedings, but
not including the agency head when sitting as such.
Proof of service-A certificate of service
complying with §
33.36 (relating to form of
certificate of service).
Proposed report-The written statement of
the issues, the facts and the findings that a subordinate officer proposes the
agency should make, with the reasons therefor, whether or not including a
recommended order.
Protestants-Persons objecting on the
ground of private or public interest to the approval of an application,
petition, motion or other matter which the agency may have under consideration.
Protestants desiring to become interveners in a proceeding before the agency
shall file a petition for intervention as provided by §§
35.27-35.31.
Regulation-Any provision of the
Pennsylvania Code.
Respondents-Persons subject to a statute
or other delegated authority administered by the agency, to whom an order or
notice is issued by the agency instituting a proceeding or investigation on its
own initiative or otherwise.
Rules-The provisions of this part.
Staff counsel-The counsel of the agency
participating in a proceeding before the agency.
Submittal-An application, amendment,
exhibit or other similar document filed in an ex parte or other nonadversary
proceeding.
Subordinate officer-A presiding officer or
other officer or employe of the agency, but not including the agency
head.
