1 Pa. Code § 35.123. Conduct of hearings.

§ 35.123. Conduct of hearings.

Hearings will be held before the agency head or a presiding officer designated under Subchapter E (relating to presiding officers).

Notes of Decisions

   Finder of Fact
   The Secretary of the Department of Public Welfare is clearly an ‘‘agency head’’ and this chapter permits the Secretary to act in a fact-finding capacity in provider appeals. Siemon’s Lakeview Manor Estate v. Department of Public Welfare, 703 A.2d 551 (Pa. Cmwlth. 1997); appeal denied 727 A.2d 134 (Pa. 1998).

Cross References

   This section cited in 4 Pa. Code §  607a.15 (relating to form of hearings); 4 Pa. Code §  607a.27 (relating to format of hearing); 6 Pa. Code §  22.95 (relating to formal appeals and hearings); 7 Pa. Code §  179.51 (relating to generally); 7 Pa. Code §  179.53 (relating to Commission hearings); 10 Pa. Code §  3.11 (relating to hearing rules); 25 Pa. Code §  1021.116 (relating to conduct of hearings); 28 Pa. Code §  301.7 (relating to fair hearing); 34 Pa. Code §  131.53a (relating to consolidated hearing procedures); 34 Pa. Code §  131.56a (relating to withdrawal of appearance); 34 Pa. Code §  131.57 (relating to compromise and release agreements); 34 Pa. Code §  131.202 (relating to first hearing information and stay); 34 Pa. Code §  131.203 (relating to hearing procedures); 40 Pa. Code §  15.46 (relating to hearings); 49 Pa. Code §  31.103 (relating to applicability of other laws and rules); 49 Pa. Code §  31.115 (relating to disciplinary sanctions); 52 Pa. Code §  5.203 (relating to hearing in rate proceedings); 52 Pa. Code §  1005.82 (relating to scheduling of hearing); 58 Pa. Code §  145.8 (relating to conduct of the formal hearing); 58 Pa. Code §  494a.1 (relating to generally); 58 Pa. Code §  494a.2 (relating to oral hearings); 61 Pa. Code §  703.31 (relating to disposition of petitions); 61 Pa. Code §  703.34 (relating to hearing procedure); 67 Pa. Code §  491.6 (relating to notice and conduct of hearing); and 67 Pa. Code §  491.10 (relating to hearings).

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