22 Pa. Code § 73.188 - Hearings
(a)
General. A hearing requested before the Board will be
conducted under the procedures in
2
Pa.C.S. §§ 501-508 (relating to practice and
procedure of Commonwealth agencies) and 1 Pa. Code Part II (relating to general
rules of administrative practice and procedure).
(b)
Scheduling. Upon receipt
of a request for a hearing, the Board will establish a hearing date and provide
the requesting party reasonable notice of the date, time and place of the
hearing.
(c)
Panel. The Board will empanel three of its members to conduct
a hearing. The hearing panel will hear the evidence and submit written findings
and recommendations to the Board. The hearing panel may not include any member
of the review and recommendation panel that reviewed and directed the
prosecution of the case.
(d)
Briefs and argument. The parties to the hearing may submit
briefs to the Board and may request the opportunity to present oral argument
before the full Board.
(e)
Adjudication. After consideration of the hearing panel's
findings and recommendation, and briefs or oral arguments, the Board will vote
on the matter and reduce its decision to writing. The Board members who served
on the review and recommendation panel for the matter being considered by the
Board shall recuse themselves from the discussion, consideration and voting on
the matter. Hearing panel members may participate in the Board's adjudication
of the matter heard by the panel. The Board's written decision will contain
findings of fact, conclusions of law and discussion thereof. The Board's
written decision and an accompanying order describing the disciplinary action
taken in connection therewith, will be sent to all parties by United States
Postal Service certified mail, return receipt requested, and is effective as of
the date of mailing. The written decision of the Board constitutes an
adjudication within the meaning of
2
Pa.C.S. §
101 (relating to definitions) and
may be appealed under
2
Pa.C.S. §
702 (relating to appeals). If the
Board adjudication is not appealed, it will be deemed final.
Notes
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