7 Pa. Code § 179.96 - Conduct of hearing

(a) The Commission shall preside over the course and conduct of the matter directly. The Commission may, however, in its discretion, designate or appoint a Commissioner or other qualified person to serve as the presiding office in the particular matter.

(b) Hearings may provide for:

(1) Receipt of sworn testimony.

(2) Receipt of all relevant oral or documentary evidence.

(3) Opportunity for parties to be heard.

(4) A complete evidentiary record.

(c) The Commissioners or the presiding officer, or both, shall have the power and authority to do the following:

(1) Regulate the course of the hearing, including recessing, reconvening or adjournment thereof.

(2) Administer oaths and affirmations.

(3) Issue subpoenas.

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

(5) Dispose of motions made during the hearing to dismiss the proceedings or other motions which involve the final determination of the proceedings.

(6) Take any other action necessary and appropriate to discharge their duties as may be designated by the Commission.

(7) Affirm, reverse or modify the term of ejection based upon the underlying factors for the ejection and the evidence of record.

(d) All ejection/refusal of admission hearings shall be stenographically recorded.

(e) Given the expedited nature of the proceeding and limited duration of a stay, if applicable, the parties shall not be afforded the opportunity to submit written briefs, except upon extraordinary circumstances presented and in the Commissioners' sole discretion.

(f) An oral decision and order shall be made and entered immediately by the Commission upon the closing of the evidentiary record as introduced at the hearing.

(g) Within 15 days from the issuance of the Commission's oral decision and receipt of the hearing transcript, a written adjudication supporting its decision and order shall be issued to the parties. The Commission's evidentiary record will be closed upon the receipt of the hearing transcript.

(h) Any stay of enforcement previously granted by the Commission under § 179.34(c) (relating to votes of Judges or Stewards) shall terminate upon the issuance of the Commission's written adjudication.

(i) This section supersedes 1 Pa. Code § §35.185-35.190 (relating to presiding officers) and 1 Pa. Code Chapter 35, Subchapter B (relating to hearings and conferences).

Notes

7 Pa. Code § 179.96