7 Pa. Code § 179.59 - Presiding officers

(a) When evidence is to be taken in a hearing, the Commission's duly appointed presiding officer may conduct the hearing in the absence of the Commission itself. 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.

(b) A presiding officer shall have the power and authority to:

(1) Regulate the course and conduct of hearings, including the scheduling of continuances thereof, and the recessing, reconvening and the adjournment thereof, unless otherwise provided by the Commission.

(2) Administer oaths and affirmations and compel the attendance of witnesses.

(3) Issue subpoenas authorized by law.

(4) Rule upon the admissibility of evidence, offers of proof and receive evidence.

(5) Schedule and conduct pre-hearing conferences as set forth in § 179.60 (relating to prehearing and other conferences).

(6) Dispose of preliminary procedural matters.

(7) Examine witnesses.

(8) Submit proposed findings of facts and conclusions of law to the Commission in accordance with this subpart.

(9) Take other action appropriate to the discharge of their duties as may be designated by the Commission and authorized by the act.

(c) Presiding officers will conduct fair and impartial hearings and maintain order.

(d) If parties or counsel engage in disrespectful, disorderly or contumacious language or conduct in connection with any hearing, the presiding officer may take action as set forth in § 179.64 (relating to contemptuous conduct).

(e) This section supersedes 1 Pa. Code § §35.185-35.190 (relating to presiding officers).

Notes

7 Pa. Code § 179.59