Subchapter D. PRACTICE AND PROCEDURE
Sec.
43b.301. Applicability of general rules of practice and procedure.
43b.302. Representation in formal proceedings.
Authority The provisions of this Subchapter D added under 63 Pa.C.S. § 3105(b), unless otherwise noted.
Source The provisions of this Subchapter D added December 24, 2021, effective December 25, 2021, 51 Pa.B. 7984, unless otherwise noted.
§ 43b.301. Applicability of general rules of practice and procedure.
(a) Under 1 Pa. Code § 31.1 (relating to scope of part), 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure) is applicable to the activities of and formal proceedings before the licensing boards and commissions under the Bureau insofar as it is not inconsistent with this chapter.
(b) Subsection (a) supplements 1 Pa. Code § 31.1.
§ 43b.302. Representation in formal proceedings.
(a) General rule. In formal proceedings before the licensing boards and commissions under the Bureau, an individual may appear on their own behalf or may be represented by an attorney as provided under 1 Pa. Code § 31.22 (relating to appearance by attorney). A partnership, corporation, limited liability company, trust, association, agency or political subdivision may be represented in formal proceedings by an attorney as provided by 1 Pa. Code § 31.22 or may be represented in formal proceedings by a non-attorney as provided in subsection (b).
(b) Non-attorney representation authorized. Non-attorney representation of partnerships, corporations, limited liability companies, trusts, associations, agencies or political subdivisions in formal proceedings before the licensing boards and commissions is permitted as follows:
(1) A general partner of a partnership may represent the partnership.
(2) A bona fide officer or director of a for profit or not-for-profit corporation may represent the corporation.
(3) A manager of a manager-managed limited liability company or a member of a member-managed limited liability company may represent the limited liability company.
(4) A trustee of a trust may represent the trust.
(5) A member or other authorized representative of any other type of association may represent the association.
(6) An officer or employee of an agency or political subdivision may represent the agency or political subdivision, provided the rules and policies of that agency or subdivision allow the representation.
(c) Applicability of the General Rules of Administrative Practice and Procedure. Subsections (a) and (b) supersede 1 Pa. Code § § 31.21 and 31.23 (relating to appearance in person; and other representation prohibited at hearings) regarding representation of partnerships, corporations, limited liability companies, trusts, associations, agencies or political subdivisions in formal proceedings before the licensing boards and commissions under the Bureau.
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