OFFICIAL NOTICE
§ 35.173. Official notice of facts.
Official notice may be taken by the agency head or the presiding officer of such matters as might be judicially noticed by the courts of this Commonwealth, or any matters as to which the agency by reason of its functions is an expert. Any participant shall, on timely request, be afforded an opportunity to show the contrary. Any participant requesting the taking of official notice after the conclusion of the hearing shall set forth the reasons claimed to justify failure to make the request prior to the close of the hearing.
Notes of Decisions Official Notice
Medical doctor being disciplined for allegedly allowing other doctor licensed in another state to practice in Pennsylvania without a license, argued the Board of Medicine violated his due process rights when it considered other doctor’s consent agreement which was withdrawn by the Bureau of Professional and Occupational Affairs before the hearing officer; Board properly took judicial notice of its own records and therefore, in doing so, did not violate doctor’s due process rights. Gleeson v. State Board of Medicine, 900 A.2d 430, 440 (Pa. Cmwlth. 2006).
The Civil Service Commission’s taking of official notice of a supplemental appropriation granted to the Department of State was proper, since an administrative agency may take notice of any matter that may be judicially noticed by the court. Department of State v. Stecher, 459 A.2d 851 (Pa. Cmwlth. 1983); 484 A.2d 755 (Pa. 1984).
The Civil Service Commission was within its powers of official notice under this section when, in ordering four employes reinstated, it took official notice of the enactment of a law. Department of State v. Stecher, 459 A.2d 851 (Pa. Cmwlth. 1983); 484 A.2d 755 (Pa. 1984).
Cross References This section cited in 1 Pa. Code § 35.205 (relating to contents of proposed reports); 4 Pa. Code § 265.3 (relating to level II hearings); 7 Pa. Code § 131.33 (relating to evidence); 7 Pa. Code § 179.62 (relating to Commission official notice); 34 Pa. Code § 131.101 (relating to briefs, findings of fact and close of record); 37 Pa. Code § 21.55 (relating to evidence); 37 Pa. Code § 171.104 (relating to limitation on matters considered); 40 Pa. Code § 15.52 (relating to official notice of facts); 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 § 5.408 (relating to official and judicial notice of fact); 52 Pa. Code § 1005.148 (relating to official and judicial notice of fact); 58 Pa. Code § 494a.4 (relating to report or recommendation of the presiding officer); 61 Pa. Code § 702.6 (relating to formal rules of evidence); and 61 Pa. Code § 703.34 (relating to hearing procedure).
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