12 Pa. Code § 11.14 - Presiding officer

(a) A complaint or petition, upon filing with the Department, will be assigned to a presiding officer who will be appointed by the Secretary for that purpose.

(b) The presiding officer will have powers and authority, subject to this chapter and the act, to:

(1) Receive pleadings, documents and submittals in respect of an adjudicatory proceeding filed under section 8211 of the act (relating to petitions for declaratory orders and complaints to department).

(2) Regulate the course, conduct and scope of hearings and oral arguments, including the scheduling thereof, and the recessing, reconvening and adjournment thereof.

(3) Administer oaths and affirmations.

(4) Issue subpoenas.

(5) Rule upon offers of proof and receive evidence.

(6) Take or cause depositions or other discovery to be taken.

(7) Dispose of procedural matters, including motions, except those motions which render a final determination of the proceedings.

(8) Allow and fix time for the presentation of oral argument, as the presiding officer deems appropriate, at or before the close of the taking of testimony.

(9) Promptly prepare and certify to the Secretary, upon the conclusion of the presentation of the matter before the presiding officer, or upon receipt of a motion to dismiss or other motion and related documents involving the final determination of the proceeding, the formal record, including briefs, if any, and a report of the presiding officer which includes the findings of fact and conclusions of law of the presiding officer.

(c) If a presiding officer at any time becomes unavailable, the Secretary will either designate another presiding officer, or will cause the record to be certified to the Secretary for decision, as may be deemed appropriate, after giving notice to the parties.

(d) This section supersedes 1 Pa. Code §§ 35.185-35.187, 35.190 and 35.203-35.207.

Notes

12 Pa. Code § 11.14