§ 15.45. Notice of hearings; effect of waiver of hearing.
(a) If the licensee has waived the requirement of the hearing, admitting to the violation and waiving appeal from the adjudication as provided in § 15.42 (relating to waiver of hearing or appeal), the ALJ may accept the waiver. If the ALJ accepts the waiver, the ALJ will impose a penalty without a hearing upon the basis of the citation, the summarization of facts surrounding the incident, prior violations as submitted by the Bureau, and matters submitted in mitigation by the licensee, or hold a hearing for penalty determination. The Bureau may comment on mitigation materials submitted. If the ALJ rejects the waiver, the matter shall be scheduled for a hearing.
(b) If an appropriate pleading or prehearing memorandum is not filed within the period of time directed by the OALJ, that will not affect the scheduling of a hearing by the OALJ.
(c) This section supplements 1 Pa. Code § § 33.61, 35.103—35.106 (relating to applications for waiver of formal requirements; and notice of hearing).
Source The provisions of this § 15.45 adopted December 27, 1991, effective December 28, 1991, 21 Pa.B. 5935.
Cross References This section cited in 40 Pa. Code § 15.42 (relating to waiver of hearing or appeal).
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