6 Pa. Code § 3.10 - Hearing authority
(a) The
hearing authority is the Secretary.
(b) The Secretary will delegate to the
hearing examiner the authority necessary to conduct the hearing proceedings and
to:
(1) Determine the facts.
(2) Determine the appropriate regulations
that apply.
(3) Interpret a
regulation when the regulation is ambiguous.
(4) Interpret a directive of the Department
when the directive is ambiguous.
(5) Apply the facts to the law to determine
the correct result.
(6) Recommend
that the Secretary adopt the result.
(c) The hearing examiner's recommendation
shall be submitted to the Secretary or his designee within 30 days of the
conclusion of the hearing.
(d)
Hearing examiners may not invalidate or modify a Departmental
regulation.
(e) Subsection (b)
supplements 1 Pa. Code §35.187 (relating to authority
delegated to presiding officers).
Notes
This section cited in 6 Pa. Code § 11.292 (relating to written request for appeal).
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.