58 Pa. Code § 165.183 - Commission hearings
(a) The
Commission may, by written order, designate one or more Commission members, or
its hearing officer to take testimony and conduct hearings under this
section.
(b) The functions of the
Commission member, officer or agent participating in hearings shall be
conducted in an impartial manner. The Commission will have the right to engage
the services of law trained hearing officers whose duties and functions will be
limited to presiding at hearings held in the absence of the Commission itself
and to ruling upon procedural and evidentiary matters that may come before the
hearings. A person presiding at a hearing may not consult a party on any fact
in issue unless upon notice and opportunity for all parties to participate. A
person so presiding may at any time withdraw from the proceeding if he deems
himself disqualified. A person so withdrawing or who without withdrawing holds
or has an interest in or has cause to believe he may have any bias or prejudice
in a matter then before the Commission shall promptly file an affidavit setting
forth relevant facts as to the interest, bias or prejudice before the
termination of the hearing and the Commission will determine the matter as a
part of the record and decision in the case. In the event of a withdrawal or
disqualification, another member, officer or agent designated by the Commission
shall have the authority to complete the hearing. Only the members of the
Commission will have the right to make decisions on those matters referred to
them.
(c) Officers presiding at
hearings shall have authority to administer oaths and affirmations, issue
subpoenas authorized by law, rule upon offers of proof or issues of procedure
and otherwise regulate the course of hearings.
(d) A decision shall be made and an
adjudication issued thereon solely on the basis of evidence introduced at the
hearing.
(e) Proponents of any
issue shall have the burden of proof thereof.
(f) Technical rules of evidence may not apply
in hearings held under this part. A relevant evidence may be received in either
oral or documentary form, provided, that the Commission or a hearing officer
acting hereunder may exclude irrelevant, immaterial or repetitious evi-dence.
Tape recordings of stewards' and hearing officers' hearings as well as of
investigative hearings or depositions may be received in evidence.
Investigative reports of Commission security personnel or of authorized agents
of the Thoroughbred Racing Protective Bureau shall be deemed to be a part of
the official records of the Commission in a relevant proceeding and an effected
party shall have the right to examine the same insofar as they may pertain to
matters directly and immediately in issue. Sanctions or orders may not be
entered unless based upon substantial, reliable and probative evidence. Parties
shall be entitled to cross-examine and to present rebuttal evidence as may be
necessary to a full and fair hearing.
(g) At any time after the service of process
a party may serve upon another party a written request for the admission of the
genuineness of relevant documents. Copies of the subject documents shall
accompany the request. Each requested admission shall be deemed made unless
within 10 days after service thereof, the party so served serves upon the party
making the request and the Commission either a statement setting forth the
specific reasons why the admission cannot be made or written objections on the
ground of privilege, irrelevancy or that the request is otherwise improper in
whole or in part.
(h) The order of
testimony will be at the discretion of the hearing officer. In determining this
order, he shall take into consideration the right of each party to present his
case or defense by oral or documentary evidence, to submit rebuttal evidence
and to conduct such cross-examination as may be required for a full and true
disclosure of the facts, and the desireability of hearing witnesses at times
convenient for them. If it appears necessary or appropriate hearings may be
continued generally or to a day certain.
(i) The hearing officer or the Commission may
request a party to notify the Executive Secretary of the Commission in advance
of the hearing of his intention to appear, and the approximate time testimony
or argument will consume. The presiding officer may call any person he or she
wishes to hear and may issue subpeonas to insure attendance.
(j) [Reserved].
(k) Bills of particulars may be requested in
any matter and shall be allowed by the Commission in its discretion.
(l) If, at the time and place scheduled for
hearing, parties who have received due notice are not in attendance whether in
person or by counsel, the matter may be heard ex parte or by and upon
default.
(m) A party to a
proceeding may waive in writing the right to a hearing. A waiver shall
constitute an admission of charges contained in the ruling appealed from or
notice or notices of hearings prepared by the Commission and be deemed an
authorization that the Commission may enter a final order or adjudication
without necessity of receipt of further evidence. A waiver by a corporate
licensee or uncorporated association shall be accompanied by a resolution under
seal authorizing the submission of the waiver. The waivers shall be in a form
prescribed by the Commission.
(n)
Contemptuous conduct shall be grounds for exclusion from a hearing. If the
hearing officer should deem the same to be occurring he shall so note on the
record and shall see that a stenographic report is made of the same. Should he
or the Commission deem any further sanction appropriate for the same, the
further sanction can be imposed only following notice and a hearing, following
completion of the original record of the incident in question.
(o) Motion and objections made during a
hearing shall be stated orally and shall be included in the stenographic record
of the hearing. Argument may not be included in the stenographic record unless
a participant, shall so request.
(p) At the conclusion of the hearing, parties
shall be afforded an opportunity to submit briefs and requests for findings of
fact and conclusions of law. Copies of a brief or requests submitted shall be
served upon the parties and formal proof of the service filed with the
Commission. A party may request oral argument before the Commission as a matter
of right. The Commission or an agent thereof may request the same which shall
be scheduled upon due notice of the parties.
(q) A petition for rehearing, reconsideration
or modification of a Commission order or adjudication shall be in writing
setting forth in numbered paragraphs the findings or orders of the Commission
that may be involved, the points relied upon by the petitioner, appropriate
record references and specific request for the changes or modifications
desired. If further evidence or testimony is desired or contemplated, the
nature and purpose of the same must be briefly stated.
(r) The Commission may, at any time, in its
discretion, and upon its own motion reopen a hearing upon due notice to the
parties.
(s) A record of the
testimony and exhibits, together with the papers and requests filed in the
proceedings, and relevant official records shall constitute the record. In the
event a party desires a written transcript, it shall be available at rates not
to exceed the maximum rates fixed by contract between the Commission and the
reporter. The copy of the Commission shall be open to inspection without charge
by an interested party. Partial transcripts or transcripts of uncompleted
hearings will not be furnished except to a party to the proceeding.
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