40 Pa. Code Subchapter A. General Provisions

Pennsylvania Code

Subchapter A. GENERAL PROVISIONS

Sec.

15.1.    Scope of chapter.
15.2.    Liberal construction.
15.3.    Definitions.
15.4.    Training of ALJ personnel.
15.5.    [Reserved].
15.6.    [Reserved].
15.8.    [Reserved].
§ 15.1. Scope of chapter.

(a)  This chapter governs the practice and procedure before the OALJ within the Board.
(b)  This chapter supplements 1 Pa. Code Part II (relating to general rules of administrative practice and procedure).

Source

   The provisions of this §  15.1 adopted July 1, 1959; amended through November 22, 1961; amended December 27, 1991, effective December 28, 1991, 21 Pa.B. 5935. Immediately preceding text appears at serial page (110177).
§ 15.2. Liberal construction.

(a)  This chapter will be liberally construed to secure just, speedy and inexpensive determination of issues presented.
(b)  This section supplements 1 Pa. Code §  31.2 (relating to liberal construction).

Source

   The provisions of this §  15.2 adopted July 1, 1959; amended through November 22, 1961; amended December 27, 1991, effective December 28, 1991, 21 Pa.B. 5935. Immediately preceding text appears at serial page (110177).
§ 15.3. Definitions.

(a)  The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   ALJ—Administrative Law Judge—An individual learned in the law appointed by the Governor under section 212 of the Liquor Code (47 P. S. §  2-212).

   Bureau—The Bureau of Liquor Control Enforcement of the State Police.

   Citation—A written notice of alleged violations issued by the Bureau commanding a licensee therein named to appear at a hearing before an ALJ to show cause why a license should not be suspended or revoked or why a fine should not be imposed, or both.

   Licensee—One who has been issued a license by the Board.

   Notice of hearing—A document issued by the OALJ to the licensee setting forth the time, date and place of hearing regarding a citation.

   OALJ—Office of Administrative Law Judge—An autonomous office created within the Board for the administration of all functions of the ALJ.

   Pleadings—A citation, motion, petition or answer or other similar document filed in a proceeding.

   Subpoena—An order of the ALJ commanding a person to attend and testify at a particular time and place. It may also require the person to produce at the hearing documents or things which are in the possession, custody or control of that person.
(b)  Subsection (a) supplements 1 Pa. Code §  31.3 (relating to definitions).

Source

   The provisions of this §  15.3 adopted July 1, 1959; amended through November 22, 1961; amended December 27, 1991, effective December 28, 1991, 21 Pa.B. 5935. Immediately preceding text appears at serial pages (110177) to (110179).
§ 15.4. Training of ALJ personnel.

(a)  This section provides for appropriate training to comply with section 142 of the act of June 29, 1987 (P. L. 32, No. 14) (47 P. S. § §  2-211 note and 2-212 note).
(b)  The chief ALJ is authorized to determine the appropriate training of personnel consistent with the Liquor Code including enrollment as members of pro-fessional associations and organizations to receive continuing educational material, and attendance in courses and programs in the area of administrative law and judicial administration.
(c)  Since this is a statutory requirement, the costs shall be part of the regular ordinary costs of operation of the OALJ.

Source

   The provisions of this §  15.4 adopted July 1, 1959; amended through November 22, 1961; amended December 27, 1991, effective December 28, 1991, 21 Pa.B. 5935. Immediately preceding text appears at serial page (110179).
§ 15.5. [Reserved].

Source

   The provisions of this §  15.5 adopted July 1, 1959; amended through November 22, 1961; amended August 22, 1986, effective August 23, 1986, 16 Pa.B. 3114; reserved December 27, 1991, effective December 28, 1991, 21 Pa.B. 5935. Immediately preceding text appears at serial page (110179).
§ 15.6. [Reserved].

Source

   The provisions of this §  15.6 adopted July 1, 1959; amended through November 22, 1961; reserved December 27, 1991, effective December 28, 1991, 21 Pa.B. 5935. Immediately preceding text appears at serial page (110180).
§ 15.7. [Reserved].

Source

   The provisions of this §  15.7 adopted July 1, 1959; amended through November 22, 1961; reserved August 22, 1986, effective August 23, 1986, 16 Pa.B. 3114; corrected September 5, 1986, effective August 23, 1986, 16 Pa.B. 3292. Immediately preceding text appears at serial page (104175).
§ 15.8. [Reserved].

Source

   The provisions of this §  15.8 adopted August 22, 1986, effective January 1, 1987, 16 Pa.B. 3114; corrected September 5, 1986, effective January 1, 1987, 16 Pa.B. 3292; reserved December 27, 1991, effective December 28, 1991, 21 Pa.B. 5935. Immediately preceding text appears at serial pages (110180) to (110182).

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