§ 42.102. Conduct of hearings.
(a) In a hearing for which three Commissioners have been appointed to preside under the Fair Educational Opportunities Act or the act, that provision may be waived by the respondent and the complainant, in writing, in which event the hearing may be conducted before less than three members of the Commission acting as hearing commissioners.
(b) Testimony or evidence will not be offered or received at any hearing concerning offers or counteroffers of adjustment during efforts to conciliate an alleged unlawful discriminatory practice.
(c) An objection not made before the hearing commissioners or the permanent hearing examiner will be waived unless the failure or neglect to make the objection is excused for cause by the commissioners or the permanent hearing examiner.
(d) When objections to the admission or exclusion of evidence are made, the grounds relied upon shall be stated briefly. Formal exceptions are unnecessary and will not be taken to rulings thereon.
(e) Prepared expert testimony will be governed by 1 Pa. Code § 35.166 (relating to prepared expert testimony), except that the period of 20 days provided in 1 Pa. Code § 35.166(a) will be reduced to 10 days.
(f) Subsection (a) supplements 1 Pa. Code § 35.123 (relating to conduct of hearings); subsections (b)—(d) supplement 1 Pa. Code § 35.161 (relating to form and admissibility of evidence); and subsection (e) supersedes 1 Pa. Code § 35.166 (relating to prepared expert testimony).
Source The provisions of this § 42.102 adopted August 13, 1976, effective August 14, 1976, 6 Pa.B. 1887; amended October 28, 1983, effective October 29, 1983, 13 Pa.B. 3233; amended April 19, 1991, effective April 20, 1991, 21 Pa.B. 1909. Immediately preceding text appears at serial page (84198).
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