52 Pa. Code § 64.163 - Formal complaint procedures

All appeals from informal complaint reports shall be heard de novo by the Commission, a Commissioner, or an Administrative Law Judge.

(1) Filing and docketing. Appeals shall be filed and docketed as formal Commission complaints, under § 5.22 and § 5.61 (relating to contents of formal complaint; and answers to complaints and petitions).

(2) Captions. The parties to an appeal shall be stated in the caption as they stood upon the record of the informal complaint proceeding.

(3) Hearings. Hearings conducted by an Administrative Law Judge shall be held within 90 days after the filing of the complaint. The parties may incorporate portions of the conference report or informal complaint report upon which they agree.

(4) Formal complaint report. The Administrative Law Judge assigned to the formal complaint shall render a decision within 90 days after the record is closed unless the Commission allows an extension.

(5) Exceptions. A party to a proceeding may file exceptions to the decision of the Administrative Law Judge and appeal to the Commission from the ruling on the exceptions, in the manner set forth at 66 Pa.C.S. § 332(h) (relating to procedures in general). If no exceptions are filed or no appeal is taken, the Administrative Law Judge's decision or ruling will become final without further Commission action, unless two or more of the Commissioners request Commission review.

Notes

52 Pa. Code § 64.163

The provisions of this § 64.163 adopted November 30, 1984, effective 1/1/1985, 14 Pa.B. 4354.

This section cited in 52 Pa. Code § 63.15 (relating to complaint procedures); and 52 Pa. Code § 64.153 (relating to Commission informal complaint procedures).