Pennsylvania Code & Bulletin

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 6342 (October 1, 2022).

22 Pa. Code § 201.12. Oral argument before the Board.

§ 201.12. Oral argument before the Board.

 (a)  The right to oral argument is discretionary with the Board and will be granted to the extent the Board believes it will be helpful in enabling the Board to acquire an understanding of and to resolve the issues. When oral argument is granted, the Secretary of the Board will schedule the argument for the next available Board meeting.

 (b)  If a party filing exceptions to a recommendation of the hearing examiner wishes oral argument before the Board, the party shall file the request for oral argument with the exceptions.

 (c)  If a party seeks oral argument in a case in which exceptions have been filed by the System to a recommendation of the hearing examiner that is in favor of a claimant, the request for oral argument shall be filed with or before the party’s response to the System’s exceptions. In that case, the Secretary of the Board will grant oral argument and schedule it for the next available Board meeting.

 (d)  Oral argument will be limited to a maximum of 10 minutes for each party, unless otherwise directed by the Board. The claimant, as the party with the burden of proof, shall argue first. If there are more than two parties to the appeal, the Secretary of the Board will establish the order of argument consistent with who has the burden of proof. New evidence will not be accepted at the oral argument.

 (e)  At the conclusion of the oral argument, the Board will discuss and decide the case. The Board may table the case for further consideration at a future meeting. The Board may also elect to discuss all or part of the case in executive session in accordance with 65 Pa.C.S. Chapter 7 (relating to the Sunshine Act).

 (f)  The Board’s counsel will draft a proposed adjudication in accordance with the Board’s decision. The proposed adjudication will be presented to the Board at the Board meeting next following the Board’s determination of the case, unless the Board agrees to have the proposed adjudication issued without further review by the Board.

 (g)  This section supersedes 1 Pa. Code § §  35.214 and 35.226(a)(2) (relating to oral argument on exceptions; and final orders).

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