34 Pa. Code § 81.83 - Conduct of hearings

Hearings shall be conducted in accordance with the following procedures:

(1) Within 10 days of his receipt of a request for a hearing, the Director shall designate a hearing officer. The hearing officer shall give reasonable notice of such hearing by registered mail, return receipt requested, to the sponsor. The notice shall include a reasonable time and place of hearing, a statement of the provisions of this chapter pursuant to which the hearing is to be held, and a concise statement of the matters pursuant to which the action forming the basis of the hearing is proposed to be taken.

(2) The hearing officer will regulate the course of the hearing. Hearings will be informally conducted. Every party shall have the right to counsel, and a fair opportunity to present the party's case including such cross-examination as may be appropriate in the circumstances. Hearing officers shall make their proposed findings and recommended decisions to the Director upon the basis of the record before them.

(3) Paragraph (2) supersedes 1 Pa. Code §§35.189, 35.201 and 35.202 (relating to manner of conduct of hearings; certification of record without proposed report; and proceedings in which proposed reports are prepared).

Notes

34 Pa. Code § 81.83

This section cited in 34 Pa. Code § 81.64 (relating to noncompliance with Federal or State requirements).