CHAPTER 143. HEARINGS Sec.
143.1. Scope of chapter.
143.2. General provisions.
143.3. Notice of hearing.
143.4. Representation.
143.5. Conduct of hearings.
143.6. Decisions.§ 143.1. Scope of chapter.
This chapter applies to all proceedings under this part.
§ 143.2. General provisions.
(a) Hearings shall be held whenever one of the following occurs:
(1) The provisions of a statute, a decision of the courts or an opinion of the Attorney General require that a hearing be held by the Secretary of the Commonwealth;
(2) Protest or objection is made as to any matter involving a paper, statement, document, registration, application, certificate or recording, filed with any Bureau, Commission or Board in the Department of State under the provisions of any statute, court decision or Attorney General’s opinion.
(3) Protest or objection is made as to any other matter requiring the determination of facts or of any applicable decision of law under the provisions of any statute, court decision or Attorney General’s opinion.
(b) A time for hearing shall be set by the Secretary of the Commonwealth within 30 days after written notice of protest or objection as provided in subsection (a) is made.
§ 143.3. Notice of hearing.
The Secretary of the Commonwealth shall give at least 10 days written notice of the time and place of hearings under this chapter to all interested parties.
§ 143.4. Representation.
(a) Interested parties may be represented by counsel at hearings held under this chapter.
(b) Counsel may file briefs relating to the facts and applicable law, and they shall have the opportunity to present oral arguments.
§ 143.5. Conduct of hearings.
Hearings shall be held in accordance with sections 31—36 of the Administrative Agency Law (71 P. S. § § 1710.31—1710.36) (Repealed).
§ 143.6. Decisions.
(a) Within 30 days after each hearing the Secretary of the Commonwealth shall file a written decision. The time may be extended for an additional period not exceeding 10 days when required for reasonable investigation.
(b) Decisions shall set forth briefly findings of fact and law, as applicable, together with reasons for such findings.
(c) Copies of decisions shall be mailed to all interested parties or their counsel of record.
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