PART II. GENERAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE
Chap. Sec.
31. PRELIMINARY PROVISIONS … 31.1
33. DOCUMENTARY FILINGS … 33.1
35. FORMAL PROCEEDINGS … 35.1
Authority The provisions of this Part II issued under section 506 of The Administrative Code of 1929 (71 P.S. § 186); section 35 of the Administrative Agency Law (71 P.S. § 1710.35) (Repealed); and 45 Pa.C.S. § § 503, 701 and 723, unless otherwise noted.
Source The provisions of this Part II adopted by JCD Order No. 9, dated April 20, 1971, 1 Pa.B. 1179, unless otherwise noted.
Notes of Decisions Application
When the Department of State takes disciplinary action against a veterinarian’s license by issuing an order to show cause, the procedure that it follows is governed by the Administrative Agency Law and the General Rules of Administrative Practice and Procedure. The General Rules of Administrative Practice and Procedure permit the State Board of Veterinary Medicine (Board) to preside over a disciplinary hearing or to designate a presiding officer to hold the hearing and to issue a proposed report for the Board’s review. The ultimate decision on what, if any, action to take lies with the Board; the Board may hold an additional hearing, make new findings of fact, alter the sanctions recommended, reject the proposed report in its entirety or adopt the hearing examiner’s proposed report and order without alteration. There is no requirement that the Board provide a licensed veterinarian with a hearing in which the licensed veterinarian may directly address the full Board prior to the imposition of sanctions. Hammad v. Bureau of Prof’l & Occupational Affairs, State Bd. of Veterinary Med., 124 A.3d 374 (Pa. Cmwlth. 2015); appeal denied 131 A.3d 493 (Pa. 2016).
The rules for appeals before the Environmental Hearing Board are found in 25 Pa. Code Chapter 1021. The Board is not a Rules of Civil Procedure venue and although pleadings may be liberally amended under the Rules of Civil Procedure, that is not the case for Notices of Appeal before the Board. United Refining Co. v. Department of Environmental Protection, 1995 EHB 1264.
Since the Department of Public Welfare did not promulgate an express regulation either permitting or prohibiting extension of time, for good cause shown, to file a final cost report, reference to the general rules of administrative practice and procedure should have been made. Department of Public Welfare v. Overlook Medical Clinic, Inc., 544 A.2d 935 (Pa. Cmwlth. 1988).
When an agency has not adopted its own regulations, its practice and procedures are governed by the General Rules of Administrative Practice and Procedure. Celane v. Insurance Commissioner, 415 A.2d 130 (Pa. Cmwlth. 1980).
Because the Securities Commission had not adopted its own regulations, its practice and procedure was governed by the General Rules. Pioneer Finance Co. v. Securities Commission, 332 A.2d 565 (Pa. Cmwlth. 1975).
Construction; Overlapping Agencies
In a proceeding involving a subject over which two licensing boards have overlapping jurisdiction, even though one board interprets the other’s act in a manner inconsistent with other board, the interpretation will be given deference so long as it is consistent with the legislative intent of the General Assembly. Younkin v. State Real Estate Commission, 774 A.2d 1281 (Pa. Cmwlth. 2001).
Hearings
The insurance broker was not entitled to a hearing, before the Insurance Commission denied its licenses to represent new insurance carriers for lack of worthiness. The same broker was not entitled to a hearing before the Insurance Department placed a ‘‘hold’’ on the licensee’s application, as there was no property right in the licenses and such ‘‘hold’’ was determined not to be a final order or determination, however, once the Department’s investigation into the licensee application was completed, it would have a nondiscretionary duty to issue a decision. Stone and Edwards Ins. Agency, Inc. v. Insurance Department, 636 A.2d 293 (Pa. Cmwlth. 1994).
It is too plain for argument that due process requires an express and unequivocal notice in order for a hearing to be meaningful. R.P. v. Department of Public Welfare, 820 A.2d 882, 888 (Pa. Cmwlth. 2003).
Parties
Class actions are unnecessary in the administrative setting and unauthorized by the applicable law, since the General Rules of Practice and Procedure deal with the problem of similarly situated parties and no evidence indicates that the mechanisms provided therein are inadequate. Sullivan v. Insurance Department, 408 A.2d 1174 (Pa. Cmwlth. 1979).
Neither party status nor traditional aggrievement is necessary to challenge actions of an administrative agency; standing to appeal administrative decisions extends to persons, including nonparties, who have a direct interest in the subject matter, as distinguished from a direct, immediate, and substantial interest. Gambling Subsidies v. Gaming Control Board, 916 A.2d 624, 628 (Pa. 2007).
Prosecution
The agency’s ‘‘walls of division’’ were adequately separated to avoid the commingling of any prosecutorial and adjudicatory functions in that the Insurance Commission delegated all prosecutorial functions to the Deputy Commissioner-Enforcement who, in implementing the Uniform Insurance Practice Act, had no interaction with the office of the Commission nor the office of the Administrative Hearings. Stone and Edwards Ins. Agency, Inc. v. Insurance Department, 636 A.2d 293 (Pa. Cmwlth. 1994).
Substantial Evidence
In a proceeding before a licensing board, ‘‘substantial evidence’’ is defined as such relevant evidence that a reasonable mind might accept as adequate to support a conclusion. Younkin v. State Real Estate Commission, 774 A.2d 1281 (Pa. Cmwlth. 2001).
Cross References This part cited in 1 Pa. Code § 13.38 (relating to special rules of administrative practice and procedure); 4 Pa. Code § 39.12 (relating to criminal cases); 4 Pa. Code § 39.13 (relating to civil cases); 4 Pa. Code § 113.5 (relating to final application procedure); 4 Pa. Code § 153.1 (relating to applicability of general rules); 4 Pa. Code § 163.1 (relating to applicability of general rules); 4 Pa. Code § 175.1 (relating to applicability of general rules); 4 Pa. Code § 250.1 (relating to applicability of general rules); 4 Pa. Code § 250.14 (relating to notice); 4 Pa. Code § 607a.1 (relating to applicability of General Rules of Administrative Practice and Procedure); 6 Pa. Code § 3.1 (relating to purpose, scope and authority); 6 Pa. Code § 3.7 (relating to appointment of a hearing examiner); 6 Pa. Code § 11.292 (relating to written request for appeal); 6 Pa. Code § 15.82 (relating to rights of alleged abusers); 6 Pa. Code § 22.95 (relating to formal appeals and hearings); 6 Pa. Code § 22.104 (relating to the handling of appeals); 7 Pa. Code § 138e.42 (relating to review, certification and approval of a county program); 7 Pa. Code § 138e.92 (relating to review and decision); 7 Pa. Code § 179.1 (relating to generally); 7 Pa. Code § 179.21 (relating to scope); 7 Pa. Code § 179.91 (relating to general purpose); 7 Pa. Code § 189.16 (relating to intervention in a nonprimary location petition); 10 Pa. Code § 42.5 (relating to disapproval of registration); 10 Pa. Code § 61.2 (relating to license applications, public notice, hearings and capital requirements); 12 Pa. Code § 1.2 (relating to applicability of general rules); 12 Pa. Code § 11.1 (relating to purpose, scope and authority); 12 Pa. Code § 115.10 (relating to public hearings conducted by the Department); 12 Pa. Code § 143.14 (relating to hearings); 16 Pa. Code § 41.203 (relating to enforcement); 16 Pa. Code § 42.3 (relating to definitions); 16 Pa. Code § 44.3 (relating to enforcement); 16 Pa. Code § 45.3 (relating to enforcement); 16 Pa. Code § 91.1 (relating to applicability of general rules); 16 Pa. Code § 209.1 (relating to procedures on petition for appeal); 17 Pa. Code § 51.35 (relating to sanctions for violation by dealers); 19 Pa. Code § 13.1 (relating to applicability of general rules); 22 Pa. Code § 1.5 (relating to applicability of general rules before the Board); 22 Pa. Code § 1.6 (relating to applicability of general rules before the Department); 22 Pa. Code § 14.104 (relating to special education plans); 22 Pa. Code § 21.83 (relating to appeal); 22 Pa. Code § 40.57 (relating to appeals, hearings and notice); 22 Pa. Code § 73.188 (relating to hearings); 22 Pa. Code § 121.9 (relating to administrative loan collection review procedures); 22 Pa. Code § 121.10 (relating to administrative wage garnishment procedures for Federal loans); 22 Pa. Code § 201.1 (relating to applicability of general rules); 22 Pa. Code § 201.2a (relating to definitions); 22 Pa. Code § 233.109 (relating to methods of operation for Commission and committee meetings); 22 Pa. Code § 233.115 (relating to notice and hearings); 22 Pa. Code § 233.117 (relating to hearing procedures); 22 Pa. Code § 233.123 (relating to reinstatements); 22 Pa. Code § 251.19 (relating to hearings and requests for presentations); 22 Pa. Code § 351.1 (relating to purpose and scope); 25 Pa. Code § 1.5 (relating to procedures); 25 Pa. Code § 72.58 (relating to Certification Board hearings and procedures); 25 Pa. Code § 965.7 (relating to second opinion project review); 25 Pa. Code § 977.61 (relating to dispute procedures); 25 Pa. Code § 1021.1 (relating to scope of chapter); 28 Pa. Code § 8.1 (relating to applicability of general rules); 28 Pa. Code § 101.122 (relating to conduct of proceedings); 28 Pa. Code § 204.2 (relating to building plans); 28 Pa. Code § 709.18 (relating to hearings); 28 Pa. Code § 711.18 (relating to hearings); 28 Pa. Code § 717.13 (relating to hearings); 28 Pa. Code § 903.13 (relating to formal appeal); 28 Pa. Code § 1031.1 (relating to administrative and appellate procedure); 28 Pa. Code § 1109.1 (relating to applicability of general rules); 28 Pa. Code § 1109.2 (relating to scope and purpose); 28 Pa. Code § 1230a.21 (relating to scope); 31 Pa. Code § 37.47 (relating to revocation, suspension, nonrenewal of certificates and licenses); 31 Pa. Code § 56.1 (relating to applicability of general rules); 31 Pa. Code § 56.2 (relating to adjudication procedure); 31 Pa. Code § 59.7 (relating to appeal procedure); 31 Pa. Code § 61.6 (relating to appeal procedures); 31 Pa. Code § 67.6 (relating to appeals); 31 Pa. Code § 161.5 (relating to determination of reinsurer qualifications); 31 Pa. Code § 242.20 (relating to formal and informal complaints; procedure); 34 Pa. Code § 1.11 (relating to applicability of general rules); 34 Pa. Code § 3a.9 (relating to suspension or revocation of Pennsylvania inspector commission); 34 Pa. Code § 13.53 (relating to notice and hearing); 34 Pa. Code § 31.52 (relating to administration—general); 34 Pa. Code § 49.10 (relating to applicability of general rules); 34 Pa. Code § 60.9 (relating to applicability of general rules); 34 Pa. Code § 71.21 (relating to applicability of general rules); 34 Pa. Code § 111.2 (relating to applicability of general rules); 34 Pa. Code § 121.27 (relating to orders to show cause); 34 Pa. Code § 121.34 (relating to objections to assessments); 34 Pa. Code § 125.6 (relating to decision on application); 34 Pa. Code § 131.4 (relating to applicability of General Rules of Administrative Practice and Procedure); 34 Pa. Code § 201.1 (relating to applicability of general rules); 34 Pa. Code § 203.5 (relating to denial, suspension or revocation of certification or accreditation); 34 Pa. Code § 211.1 (relating to applicability of general rules); 34 Pa. Code § 213.1 (relating to applicability of general rules); 34 Pa. Code § 213.2 (relating to definitions); 34 Pa. Code § 221.1 (relating to applicability of general rules); 34 Pa. Code § 225.7 (relating to hearing); 34 Pa. Code § 317.2 (relating to trade secret claims); 34 Pa. Code § 321.5 (relating to hearings); 34 Pa. Code § 401.14 (relating to decertification or refusal to certify); 37 Pa. Code § 79.81 (relating to general rules of Administrative Practice and Procedure); 37 Pa. Code § 79.83 (relating to appointment of hearing examiner); 37 Pa. Code § 171.11 (relating to applicability of laws and rules); 37 Pa. Code § 197.2 (relating to applicability of general rules of practice and procedure); 37 Pa. Code § 197.11a (relating to motions and petitions); 37 Pa. Code § 203.101 (relating to scope); 37 Pa. Code § 407.31 (relating to applicability of general rules); 37 Pa. Code § 421.22 (relating to hearing procedure); 40 Pa. Code § 5.227 (relating to deauthorization of online training providers); 40 Pa. Code § 5.236 (relating to deauthorization of classroom instructors); 40 Pa. Code § 15.1 (relating to scope of chapter); 40 Pa. Code § 17.1 (relating to purpose); 43 Pa. Code § 5.34 (relating to appeals); 43 Pa. Code § 5.46 (relating to appeals); 43 Pa. Code § 7.10 (relating to appeals); 43 Pa. Code § 7.12 (relating to discipline and discharge); 49 Pa. Code § 1.1 (relating to applicability of general rules); 49 Pa. Code § 3.4 (relating to applicability of general rules); 49 Pa. Code § 5.2 (relating to applicability of general rules); 49 Pa. Code § 6.3 (relating to applicability of general rules); 49 Pa. Code § 6.51 (relating to certifying organizations); 49 pa. Code § 6.56 (relating to petition to terminate approval as a certifying organization); 49 Pa. Code § 9.184 (relating to applicability of general rules); 49 Pa. Code § 9.204 (relating to applicability of general rules); 49 Pa. Code § 11.3 (relating to applicability of general rules); 49 Pa. Code § 15.2 (relating to Board proceedings and meetings); 49 Pa. Code § 16.2 (relating to rules governing Board activities and proceedings); 49 Pa. Code § 16.53 (relating to powers and duties of hearing examiners); 49 Pa. Code § 18.853 (relating to unprofessional and immoral conduct); 49 Pa. Code § 19.3 (relating to applicability of general rules); 49 Pa. Code § 20.2 (relating to applicability of general rules); 49 Pa. Code § 21.4 (relating to applicability of general rules); 49 Pa. Code § 21.146 (relating to applicability of general rules); 49 Pa. Code § 21.334 (relating to sources of continuing education); 49 Pa. Code § 23.2 (relating to applicability of general rules); 49 Pa. Code § 23.86 (relating to sources of continuing education hours); 49 Pa. Code § 25.3 (relating to applicability of general rules); 49 Pa. Code § 27.81 (relating to applicability of general rules); 49 Pa. Code § 29.3 (relating to applicability of general rules); 49 Pa. Code § 31.2 (relating to applicability of general rules); 49 Pa. Code § 33.2 (relating to applicability of general rules); 49 Pa. Code § 36.402 (relating to applicability of general rules); 49 Pa. Code § 36.403 (relating to application procedures); 49 Pa. Code § 37.2 (relating to rules governing board activities and proceedings); 49 Pa. Code § 39.21 (relating to applicability of general rules); 49 Pa. Code § 40.41 (relating to hearings relating to revocation or suspension of license); 49 Pa. Code § 41.2 (relating to applicability of general rules); 49 Pa. Code § 42.2 (relating to applicability of general rules); 49 Pa. Code § 43b.301 (relating to applicability of general rules of practice and procedure); 49 Pa. Code § 47.2 (relating to applicability of general rules); 49 Pa. Code § 47.36 (relating to preapproved providers of continuing education courses and programs for social workers and clinical social workers); 49 Pa. Code § 48.34 (relating to registration of continuing education providers who offer one course or program); 49 Pa. Code § 48.36 (relating to preapproved providers of continuing education courses and programs for marriage and family therapists); 49 Pa. Code § 49.34 (relating to registration of continuing education providers who offer one course or program); 49 Pa. Code § 49.36 (relating to preapproved providers of continuing education courses and programs for professional counselors); 52 Pa. Code § 1.1 (relating to scope of subpart); 52 Pa. Code § 1001.2 (relating to scope of subpart and severability); 55 Pa. Code § 20.82 (relating to written request for appeal); 55 Pa. Code § 41.2 (relating to construction and application); 55 Pa. Code § 41.3 (relating to definitions); 55 Pa. Code § 1181.504 (relating to background); 55 Pa. Code § 1181.561 (relating to process to appeal adverse determinations in the preadmission screening program); 55 Pa. Code § 2380.12 (relating to appeals); 55 Pa. Code § 2390.12 (relating to appeals); 55 Pa. Code § 2600.12 (relating to appeals); 55 Pa. Code § 2800.12 (relating to appeals); 55 Pa. Code § 3130.82 (relating to appeals); 55 Pa. Code § 3270.12 (relating to appeals); 55 Pa. Code § 3280.12 (relating to appeals); 55 Pa. Code § 3290.13 (relating to appeals); 55 Pa. Code § 3490.106 (relating to hearings and appeals proceedings for reports received by ChildLine prior to July 1, 1995); 55 Pa. Code § 3490.106a (relating to hearings and appeals proceedings for indicated reports received by ChildLine after June 30, 1995); 55 Pa. Code § 3490.192 (relating to request for a hearing from a school employe for indicated reports of student abuse); 55 Pa. Code § 3680.14 (relating to appeals); 55 Pa. Code § 3700.72 (relating to foster family approval appeals); 55 Pa. Code § 3800.12 (relating to appeals); 55 Pa. Code § 4230.17 (relating to right of appeal); 55 Pa. Code § 5230.12 (relating to inspections and licenses); 55 Pa. Code § 6400.12 (relating to appeals); 55 Pa. Code § 6500.13 (relating to appeals); 58 Pa. Code § 1.3 (relating to applicability of general rules); 58 Pa. Code § 15.8 (relating to procedural rules; Commission review); 58 Pa. Code § 51.21 (relating to scope); 58 Pa. Code § 51.45 (relating to procedures); 58 Pa. Code § 71a.10 (relating to triploid grass carp); 58 Pa. Code § 75.5 (relating to qualified surveyors for endangered and threatened species and their habitat); 58 Pa. Code § 93.13 (relating to issuing agents); 58 Pa. Code § 145.1 (relating to purpose and scope); 58 Pa. Code § 401a.3 (relating to definitions); 58 Pa. Code § 441a.7 (relating to licensing hearings for slot machine licenses); 58 Pa. Code § 491a.1 (relating to generally); 58 Pa. Code § 491a.8 (relating to hearings generally); 61 Pa. Code § 601.3 (relating to applicability of general provisions); 61 Pa. Code § 702.1 (relating to scope); 67 Pa. Code § 233.16 (relating to appeal); 67 Pa. Code § 425.15 (relating to appeals); 67 Pa. Code § 471.9 (relating to appeal); 67 Pa. Code § 473.16 (relating to appeal); 67 Pa. Code § 476.52 (relating to appeal); 67 Pa. Code § 491.2 (relating to definitions); 67 Pa. Code § 491.3 (relating to request for hearing); and 101 Pa. Code § 31.23 (relating to parties).
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