Subchapter C. COMMISSION HEARINGS
Sec.
179.51. Generally.
179.52. Nature of Commission hearings.
179.53. Commission hearings.
179.54. Scheduling of hearing.
179.55. Hearing notices.
179.56. Failure to attend hearing.
179.57. Waiver of hearing.
179.58. Consolidation.
179.59. Presiding officers.
179.60. Prehearing and other conferences.
179.61. Hearing procedure.
179.62. Commission official notice.
179.63. Representation before the Commission.
179.64. Contemptuous conduct.
179.65. Suspension and disbarment.
179.66. Briefs and oral argument.
179.67. Transcript.
179.68. Contents and close of the record.
179.69. Proposed adjudication of the presiding officer.
179.70. Commission decisions.
179.71. Reopening of record.
179.72. Rehearing or reconsideration.
179.73. Appeals.
Cross References This subchapter cited in 7 Pa. Code § 179.10 (relating to subpoena powers and procedures); 7 Pa. Code § 179.101 (relating to expedited documentary hearing); 7 Pa. Code § 179.102 (relating to election of documentary hearing); and 7 Pa. Code § 307.4 (relating to appeals).
§ 179.51. Generally.
(a) A hearing calendar of all matters set for hearing will be maintained by the Hearings and Appeals Docket Clerk as set forth in § 179.3(b) (relating to filings and appeals) and will be in order of assignment as far as practicable. All matters will be heard before the Commission in Harrisburg, Pennsylvania.
(b) The Commission may designate a Commissioner or other qualified person to serve as presiding officer in a particular matter or proceeding. The Commissioner, presiding officer or other duly appointed person shall conduct the proceeding in an impartial manner. All appearances will be entered upon the record, with a notation on whose behalf each appearance is made. A notation will be made in the record of the names of the members of the staff of the Commission participating, if any, including accountants and other experts who are assisting in the investigation of the matter.
(c) In oral hearings, neither the Commission, nor the presiding officer will be bound by technical rules of evidence and all relevant evidence of reasonably probative value may be received. Reasonable examination and cross-examination will be permitted at all oral hearings. If a party does not testify on his own behalf, the party may be called and examined as if under cross-examination.
(d) Subsections (a) and (b) supersede 1 Pa. Code § § 35.102, 35.123 and 35.124 (relating to hearing calendar; conduct of hearings; and appearances).
§ 179.52. Nature of Commission hearings.
(a) Appeals from Judges or Stewards. An appeal to the Commission from a decision or ruling of the Board of Judges or the Board of Stewards, as set forth in Subchapter B (relating to Judges and Stewards hearings), shall be limited to the underlying evidentiary record created by the parties and Commission investigators at the hearing before the Judges or Stewards and shall not be considered a hearing de novo.
(1) The Commission’s review of the Judges’ or Stewards’ rulings shall be limited to a review for errors of law and whether the findings or conclusions set forth by the Judges or Stewards are supported by appropriate evidence contained in the hearing record.
(2) Issues not raised by appellant in the notice of appeal will be deemed waived.
(b) Original action. An appeal from a determination, decision or ruling by the Bureau Directors, the Commission’s licensing or investigative staff, or a matter specifically referred to the Commission by the Board of Judges or Board of Stewards shall be a de novo hearing.
(c) Subsection (b) supersedes 1 Pa. Code § 35.20 (relating to appeals from actions of the staff).
Cross References This section cited in 7 Pa. Code § 179.53 (relating to Commission hearings).
§ 179.53. Commission hearings.
(a) Unless the Commission hears the matter directly, all matters shall be assigned to a presiding officer or other duly qualified person to serve as a presiding officer in the particular proceeding.
(b) Hearings will be public unless a party invokes protection afforded to the party under § 173.8 (relating to confidential information).
(c) Matters proceeding under the provisions of § 179.52(b) (relating to nature of Commission hearings) may provide for:
(1) Receipt of sworn testimony, including testimony from the original matter before the Bureau Director or Commission staff.
(2) Receipt of all relevant oral or documentary evidence used in the original determination or decision.
(3) Opportunity to be heard.
(4) A complete evidentiary record, including other pleadings, motions or briefs submitted.
(d) Unless required by this part or authorized by law, a party may not engage in an ex parte communication with the Commission or the presiding officer.
(e) Subsections (a)—(d) supersede 1 Pa. Code § § 35.121—35.126 (relating to hearing).
§ 179.54. Scheduling of hearing.
(a) On behalf of the Commission, the Hearings and Appeals Docket Clerk, will schedule the appropriate hearing in chronological order of receipt and will maintain a hearing calendar of all proceedings, with assigned docket numbers set for hearing.
(b) Proceedings pending on the hearing calendar will be heard so far as practicable, in their order of assignment to the calendar at the times and places fixed in the hearing notices, giving due regard to the convenience and necessity of the parties and their attorneys, where possible.
(c) The Commission or the presiding officer in the exercise of discretion, for cause, may advance or postpone proceedings on the hearing calendar with notice to the parties.
(d) Subsections (a)—(c) supersede 1 Pa. Code § 35.102 (relating to hearing calendar).
§ 179.55. Hearing notices.
(a) Notices. Notice of a hearing will be provided to the appellant or counsel in writing and issued by the Hearings and Appeals Docket Clerk, by any of the following methods: certified mail (return receipt requested), first class mail, personal service or by e-mail, if agreed upon by the parties and their counsel as set forth in § 179.9 (relating to service by the Commission).
(b) The written hearing notice to appellant shall include, the time, date and location of the hearing and indicate the method of service used. The notice shall also contain a general factual statement of the underlying matter and grounds for appeal.
(c) Notices may also provide information relating to:
(1) Applicable regulations and conduct of the hearing;
(2) The grant or denial of Supersedeas;
(3) Representation and continuances; and
(4) The procedure for interpreters (if requested).
(d) Notice to persons other than appellant. Service of the written hearing notice upon the horse owner, corporation, partnership, limited liability company or other entity who has an interest in the horse, shall be deemed proper and complete when service of the written hearing notice is made upon the licensed trainer of record. In accordance with all other duties and obligations of a licensed trainer, it shall be the sole duty, responsibility and obligation of the licensed trainer to inform or otherwise notify the horse’s owner or ownership entity, as applicable, regarding an upcoming proceeding in which the owner or ownership entity interests in the horse in question may be impacted.
§ 179.56. Failure to attend hearing.
(a) If, at the time and place scheduled for hearing, parties who have received due notice are not in attendance, whether in person or by counsel, the appeal shall be dismissed and the underlying decision shall be entered by and upon default.
(b) In accordance with § 179.7(c) (relating to request for hearing by applicant or licensee), to offset administrative costs associated with the proceeding, the Commission may retain a portion or all of the appeal bond posted by the appellant for failure to appear.
§ 179.57. Waiver of hearing.
A party to a proceeding may waive the right to a hearing before the Commission by filing with the Bureau Directors and the Hearings and Appeals Docket Clerk a written Notice of Waiver of Hearing, with copies to the presiding officer and other parties. A waiver shall constitute an admission of all the underlying charges or matters contained in the ruling or determination appealed from and shall be deemed an acceptance of the underlying action. The Hearing and Appeals Docket Clerk shall cancel the proceeding and close out the matter on the hearing calendar. This section supersedes 1 Pa. Code § 35.101 (relating to waiver of hearing).
§ 179.58. Consolidation.
(a) The Commission, the Hearings and Appeals Docket Clerk or the presiding officer, with or without motion, may consolidate proceedings involving a common question of law or fact.
(b) The section supersedes 1 Pa. Code § 35.45 (relating to consolidation).
§ 179.59. Presiding officers.
(a) When evidence is to be taken in a hearing, the Commission’s duly appointed presiding officer may conduct the hearing in the absence of the Commission itself. A person presiding at a hearing may not consult a party on any fact in issue unless upon notice and opportunity for all parties to participate.
(b) A presiding officer shall have the power and authority to:
(1) Regulate the course and conduct of hearings, including the scheduling of continuances thereof, and the recessing, reconvening and the adjournment thereof, unless otherwise provided by the Commission.
(2) Administer oaths and affirmations and compel the attendance of witnesses.
(3) Issue subpoenas authorized by law.
(4) Rule upon the admissibility of evidence, offers of proof and receive evidence.
(5) Schedule and conduct pre-hearing conferences as set forth in § 179.60 (relating to prehearing and other conferences).
(6) Dispose of preliminary procedural matters.
(7) Examine witnesses.
(8) Submit proposed findings of facts and conclusions of law to the Commission in accordance with this subpart.
(9) Take other action appropriate to the discharge of their duties as may be designated by the Commission and authorized by the act.
(c) Presiding officers will conduct fair and impartial hearings and maintain order.
(d) If parties or counsel engage in disrespectful, disorderly or contumacious language or conduct in connection with any hearing, the presiding officer may take action as set forth in § 179.64 (relating to contemptuous conduct).
(e) This section supersedes 1 Pa. Code § § 35.185—35.190 (relating to presiding officers).
§ 179.60. Prehearing and other conferences.
(a) A prehearing conference may be scheduled at the sole discretion of the Commission or the presiding officer, if in the opinion of the Commission or the presiding officer, the matter warrants a conference. The Commission or a presiding officer may, upon petition, also schedule a prehearing conference at the request of one party and by agreement of the parties.
(b) When the Commission or the presiding officer directs that a prehearing conference be held, all parties shall appear at the time and place designated. Notice of the time and place of the conference will be given to all parties. If time is of the essence, a prehearing conference may be conducted by means of telephone conference call.
(c) Any of the following matters may be considered at a prehearing conference:
(1) Discuss the possibilities for settlement of the underlying matter or proceeding, or both.
(2) The amount of hearing time which will be required to dispose of the proceeding.
(3) Designating parties.
(4) Setting the order of procedure at a hearing.
(5) Resolve procedural matters that may aid in expediting the orderly conduct and disposition of the proceeding and the furtherance of the public interest.
(d) Failure of a party to attend the conference, after being served with notice of the time and place thereof, without good cause shown, shall constitute a waiver of all objections to the order, ruling or underlying matter appealed.
(e) The presiding officer shall record the action taken at the prehearing conference and commit to writing the agreed upon disposition of the previous matters.
(f) Subsections (a)—(e) supersede 1 Pa. Code § § 35.111—35.116 (relating to prehearing conferences).
Cross References This section cited in 7 Pa. Code § 179.59 (relating to presiding officers).
§ 179.61. Hearing procedure.
(a) Order of hearing. In a proceeding, the party having the burden of proof shall generally go forward, open and close, unless otherwise directed by the presiding officer. The order of testimony may be modified at the discretion of the hearing officer. In determining this order, the presiding officer shall take into consideration the right of the respective party to present the case or defense by oral or documentary evidence, to submit rebuttal evidence and to conduct a cross-examination as may be required for a full and true disclosure of the facts.
(1) In proceedings when the evidence is peculiarly within the knowledge or control of another party, the order of presentation set forth in subsection (a) may be varied by the presiding officer.
(2) Intervenors shall follow the party on whose behalf the intervention is made. If the intervention is not in support of an original party, the presiding officer will designate at what stage the intervenor will be heard.
(3) The presiding officer may direct the order of parties for purposes of cross-examination. Subsection (a) supersedes 1 Pa. Code § 35.125 (relating to order of procedure).
(b) Burden of proof. Preponderance of the evidence shall be the standard and shall mean that the evidence demonstrates a fact is more likely to be true than not. Proponents of any issue shall have the burden of proof thereof.
(c) Evidence. Neither the Commission, nor the presiding officer will be bound by the technical rules of evidence and all relevant, material and competent evidence may be received in either oral or documentary form, provided, that the Commission or the presiding officer acting hereunder may exclude evidence if:
(1) It is repetitious or cumulative.
(2) Its probative value is outweighed by:
(i) The danger of unfair prejudice;
(ii) Confusion of the issues; or
(iii) Considerations of undue delay or waste of time.
(3) It is hearsay evidence.
(d) Hearsay evidence. Hearsay evidence properly objected to is not competent evidence to support a finding of the Commission. However, hearsay evidence admitted without objection will be given its natural probative effect and may support a finding by the Commission, if it is corroborated by other competent evidence in the record.
(e) Commission public documents or business records. Tape recordings of Judges’ or Stewards’ hearings, as well as of recordings of investigative interviews or similar proceedings may be received in evidence, if the recordings were made a part of the underlying Judges’ or Stewards’ evidentiary record and are relevant and material to the appeal. Investigative reports of Commission investigative or licensing staff, racetrack security personnel or of authorized agents of the Thoroughbred Racing Protective Bureau shall be received by the presiding officer and deemed to be a part of the official records of the Commission in a relevant proceeding, but the affected party shall have the right to examine the same insofar as they may pertain to matters directly and immediately in issue.
(f) Control of evidence. The Commission or the presiding officer shall have all necessary authority to control the receipt of evidence, including ruling on the admissibility of evidence, confining the evidence to the issues in the proceedings and impose, where appropriate, limitations to the number of witnesses to be heard, the time and scope of direct and cross-examinations and the production of further evidence.
(g) Motion and objections. Motions and objections made during a hearing shall be stated orally and shall be included in the stenographic record of the hearing.
(h) Cross-examination. Parties shall be entitled to cross-examine and to present rebuttal evidence as may be necessary for a full and fair hearing, but shall be limited to matters on direct and at the discretion of the Commission or presiding officer.
(i) Subsection (c) supersedes 1 Pa. Code § 35.161 (relating to form and admissibility of evidence); Subsection (e) supersedes 1 Pa. Code § § 35.165 and 35.166 (relating to public documents; and prepared expert testimony); Subsection (f) supersedes 1 Pa. Code § 35.162 (relating to reception and ruling on evidence).
§ 179.62. Commission official notice.
(a) Official notice or judicial notice of facts may be taken by the Commission or the presiding officer on its own or upon request by a party, but only if the party supplies the necessary information.
(b) The Commission or the presiding officer may notice a fact that is not subject to reasonable dispute because it:
(1) Is generally known by the Commission or is within its jurisdiction; or
(2) Can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned.
(c) The Commission or the presiding officer may take official or judicial notice at any stage of the proceeding.
(d) On timely request, a party is entitled to be heard on the propriety of taking judicial notice and the nature of the fact to be noticed.
(e) Subsections (a)—(d) supersede 1 Pa. Code § 35.173 (relating to official notice of facts).
Cross References This section cited in 7 Pa. Code § 179.69 (relating to proposed adjudication of the presiding officer).
§ 179.63. Representation before the Commission.
(a) Appearance in person. An individual who is a party in a proceeding before the Commission or presiding officer may represent himself. Attendance at the proceeding without an attorney will be deemed a waiver of this privilege.
(1) A party, other than an individual appearing on his own behalf, in an adversarial proceeding before the Commission shall be represented by an attorney authorized to appear before the Commission in accordance with subsection (b).
(2) Subsection (a) supersedes 1 Pa. Code § 31.21 (relating to appearance in person).
(b) Appearance by attorney. A party in a proceeding before the Commission or presiding officer who elects to be represented by an attorney or is otherwise required to be represented by an attorney in the proceeding, shall be represented by:
(1) An attorney at law admitted to practice before the Pennsylvania Supreme Court.
(2) An attorney admitted to practice before the highest court of a jurisdiction other than this Commonwealth which permits attorneys licensed in this Commonwealth to practice before its courts and agencies.
(3) An attorney authorized in accordance with subsection (c) to appear in connection with the proceeding.
(c) Admission Pro Hac Vice. An attorney admitted to practice before the highest court of a jurisdiction other than this Commonwealth which does not permit attorneys licensed in this Commonwealth to appear before its courts and agencies may, at the discretion of the Commission or the presiding officer, be authorized to appear in connection with a particular proceeding. The Commission or the presiding officer will determine whether to grant the authorization upon the filing of a motion by an attorney admitted to practice law before the Pennsylvania Supreme Court and in good standing with the Court, which contains the information required to satisfy the written notice provision of Pa.B.A.R. 301 (relating to admission pro hac vice) and provided that the attorney filing the motion shall be and remain the attorney of record in the proceeding and further provided that both the attorney of record and the attorney admitted under this subsection shall both sign all documents submitted or filed in connection with the proceeding.
(d) Subsections (b) and (c) supersede 1 Pa. Code § 31.22 (relating to appearance by attorney).
(e) Other representation prohibited at hearings. Participants, individuals, partnerships, associations, corporations or governmental entities may not be represented at a hearing before the Commission or presiding officer except, as provided in subsections (b) and (c) or as otherwise permitted by the Commission in a specific case.
(f) Subsection (e) supersedes 1 Pa. Code § 31.23 (relating to other representation prohibited at hearings).
Cross References This section cited in 7 Pa. Code § 179.9 (relating to service by the Commission).
§ 179.64. Contemptuous conduct.
(a) Contemptuous conduct by any person at a hearing before the Commission or a presiding officer will be grounds for exclusion from the hearing and for summary suspension without a hearing for the duration of the hearing. Further action may be taken by the Commission imposing a temporary or permanent denial of the privilege of appearing or practicing before the Commission.
(b) Subsection (a) supplements 1 Pa. Code § 31.27 (relating to contemptuous conduct).
Cross References This section cited in 7 Pa. Code § 179.59 (relating to presiding officers).
§ 179.65. Suspension and disbarment.
(a) The Commission may deny, temporarily or permanently, the privilege of appearing or practicing before the Commission to a person who is found by the Commission, after notice and opportunity for hearing on the matter, to have done one or more of the following:
(1) Lacked the requisite qualifications to represent others.
(2) Engaged in unethical, contemptuous, disruptive or improper conduct before the Commission or presiding officer.
(3) Repeatedly failed to follow Commission directives or orders.
(4) Repeatedly failed to follow Commission rules and regulations in the representation of the client before the Commission or presiding officer.
(b) For the purposes of subsection (a), practicing before the Commission includes the following:
(1) Transacting business on behalf of licensees with the Commission.
(2) The preparation of a statement, opinion or other paper by an attorney, accountant, engineer or other expert, filed with the Commission in a pleading or other document with the consent of the attorney, accountant, engineer or other expert.
(3) Appearances at a hearing or other proceeding or public meeting before the Commission.
(c) Subsections (a) and (b) supersede 1 Pa. Code § 31.28 (relating to suspension and disbarment).
§ 179.66. Briefs and oral argument.
(a) Briefs. Unless waived by the parties, at the close of the taking of testimony in the hearing, the presiding officer shall provide the parties with the opportunity to submit briefs. The presiding officer shall fix the time for the filing and service of briefs, giving due consideration to the nature of the proceeding, the parties involved, the magnitude of the record and the complexity of the issues involved. Copies of the brief shall be served with the presiding officer, the Appeals and Hearings Clerk and upon the respective parties.
(b) Content and form of briefs. Briefs shall contain the following:
(1) A concise statement of the case.
(2) Reference to the exact pages of the record or exhibits where the evidence relied upon by the filing party appear.
(3) An argument preceded by a summary. The argument shall, to the extent possible, address all issues raised by the relief sought and the evidence adduced at the hearing.
(4) As directed by the presiding officer, the brief shall also contain:
(i) A statement of the questions involved.
(ii) Proposed findings of fact with references to the transcript pages or exhibits where evidence appears, together with proposed conclusions of law.
(iii) Proposed paragraphs identifying the relief sought.
(c) Untimely briefs. Briefs not filed and served on or before the date fixed by the presiding officer will not be accepted for review or consideration by the presiding officer or the Commission.
(d) Oral Argument. No oral argument shall be heard by the Commission or presiding officer at any time.
(e) No exceptions to be filed. No party shall be entitled to file exceptions to a proposed adjudication and order of the Commission or of the presiding officer. This subsection supersedes 1 Pa. Code § § 35.211—35.214 (relating to exceptions to proposed reports).
(f) Subsections (a)—(d) supersede 1 Pa. Code § § 35.191 and 35.192 (relating to proceedings in which briefs are to be filed; and content and form of briefs).
§ 179.67. Transcript.
Hearings shall be stenographically recorded and a verbatim transcript of the record will be prepared as soon as practicable after the hearing. The parties may obtain a copy of the transcript directly from the court reporting service. This section supersedes 1 Pa. Code § § 35.131 and 35.133 (relating to recording of proceedings; and copies of transcripts).
§ 179.68. Contents and close of the record.
(a) The record shall be considered closed upon receipt of the transcript of the record and briefs, if any, and the hearing shall be deemed concluded at that time. After the record is closed, additional matters may not be relied upon or accepted into the record unless allowed for good cause shown by the presiding officer or the Commission upon motion.
(b) The Commission’s record shall consist of a transcript of the testimony and exhibits of record, the party’s briefs, if submitted, together with any other the papers, written motions and requests filed in the proceedings and relevant official records.
(c) Subsections (a) and (b) supersede 1 Pa. Code § § 35.231 and 35.232 (relating to reopening on application of party; and reopening by presiding officer).
§ 179.69. Proposed adjudication of the presiding officer.
(a) The presiding officer or other Commission designated person shall prepare a proposed adjudication and order as a decision of the Commission. The proposed written adjudication shall include:
(1) Findings and conclusions, as well as the reasons or basis therefore, for all the material issues of fact, law or discretion presented on the record.
(2) The appropriate statutory provision, regulation, order, sanction, relief or denial thereof.
(3) Facts officially noticed under § 179.62 (relating to Commission official notice) relied upon in the decision.
(4) Previous adjudications or matters which the Commission relies upon as precedent.
(b) The presiding officer or designated person shall transmit the proposed adjudication to the Hearings and Appeals Docket Clerk as soon as practicable, unless directed to expedite the matter by the Commission.
(c) The proposed written adjudication and order shall not be made available to the parties, including Commission counsel or intervenors until the Commission has reviewed, considered and properly voted upon the adjudication under § 179.70 (relating to Commission decisions).
§ 179.70. Commission decisions.
(a) Decisions. The Commission shall consider and vote upon a proposed adjudication and order at its public meeting in accordance with the voting provisions of the act and Chapter 173 (relating to Commission operations and organization—temporary regulations) of the regulations. The final order and adjudication shall be based solely upon a review and consideration of the entire record and shall be supported by reliable, probative evidence contained in the record. The Commission may adopt, modify or reject some or all of the proposed adjudication, remand all or part of the matter to the presiding officer for the taking of additional evidence or clarification of issues.
(b) Single signature. A final adjudication and order may be signed by the Chairman of the Commission or by any other delegated Commissioner on behalf of the entire Commission. Minority opinions regarding the final adjudication may be submitted and these shall become part of the record.
(c) The final adjudication and order shall be served upon the all parties and intervenors or their counsel personally, by regular United States mail or by certified mail by the Hearings and Appeals Docket Clerk. If service is made by mail, the date of mailing will be the date of service for purposes of a subsequent appeal.
(d) Subsections (a)—(c) supersede 1 Pa. Code § 35.226 (relating to final orders).
Cross References This section cited in 7 Pa. Code § 179.69 (relating to proposed adjudication of the presiding officer).
§ 179.71. Reopening of record.
(a) Petition to reopen. At any time after the record is closed, but before a final decision is issued, a party may file a petition with the Commission or the presiding officer for the purpose of taking additional evidence. A petition to reopen must set forth clearly the fact claimed to constitute grounds requiring reopening of the proceeding, including material changes of fact or of law alleged to have occurred since the conclusion of the hearing.
(b) Responses. Within 10 days following the service of the petition, another party may file an answer thereto.
(c) Action of petition. As soon as practicable after the filing or responses to the petition, the presiding officer or the Commission shall grant or deny the petition based upon a review of the averments set forth in the petition.
(d) The Commission may, at any time, in its discretion and upon its own motion reopen a hearing upon due notice to the parties.
(e) Subsections (a)—(d) supersede 1 Pa. Code § § 35.231—35.233 (relating to reopening of record).
§ 179.72. Rehearing or reconsideration.
(a) A party to a proceeding may file an application for rehearing or reconsideration by filing a petition within 15 days after the final order of the Commission.
(b) Filing a petition for rehearing or reconsideration does not toll or stay the 30-day appeal period.
(c) The petition must state concisely the alleged errors in the adjudication or other order of the Commission. If a final order or other order of the Commission is sought to be vacated, reversed or modified by reason of matters that have arisen since the hearing and decision or order, or by reason of a consequence that would result from compliance therewith, the matters relied upon by the petitioner must be set forth in the petition.
(d) Answers to petitions for rehearing or reconsideration will not be entertained by the Commission. If the Commission grants the rehearing or reconsideration, an answer may be filed by a participant within 15 days after the issuance of the order granting rehearing or reconsideration. The response will be confined to the issues upon which rehearing or reconsideration has been granted.
(e) If the Commission does not act upon the petition for rehearing or reconsideration within 30 days after it is filed, the petition will be deemed to have been denied.
(f) Subsections (a)—(e) supersede 1 Pa. Code § 35.241 (relating to application for rehearing or reconsideration).
§ 179.73. Appeals.
(a) Within 30 days after the receipt of a written adjudication or the entry of a final order or decision of the Commission, a party shall have the right to appeal therefrom to the Commonwealth Court under 42 Pa.C.S. § 763 (relating to direct appeals from government agencies).
(b) The filing of an appeal with the Commonwealth Court will not stay enforcement of the decision or final order of the Commission unless a separate stay is obtained from the court upon application in accordance with the Rules of Appellate Procedure or the Commission grants a stay prior to the filing of the appeal upon request.
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