HEARINGS
§ 21.21. General.
(a) The Commission will conduct hearings upon the request of a respondent. A respondent shall request a hearing in their answer to the findings report or separately within 30 days of the issuance of the findings report. Failure to request a hearing within the time period will be deemed a waiver.
(1) The respondent may be granted an extension for filing an answer upon application to the Chief Counsel and for good cause shown. The Chief Counsel may grant an extension up to 30 days.
(2) Further requests shall be made to the Chair 2 weeks prior to the extended deadline. The Chair may grant a second extension if extraordinary circumstances are demonstrated in writing.
(3) Extensions granted will correspondingly advance other deadlines provided for in the act.
(4) A hearing will be held within 45 days after the respondent’s answer to the findings report unless the time is extended upon application for good cause shown.
(5) A notice of hearing will be issued to the respondent unless represented by counsel in which case to counsel within a reasonable period of time prior thereto. The notice will advise of the date, time and location of the hearing, and of the hearing rights, privileges, process and procedures in this section.
(6) Hearings will be conducted in Harrisburg, Pennsylvania. A request for a hearing in Philadelphia or Pittsburgh will be granted, if filed with the Commission within 7 days after the notice of hearing is mailed. Failure to request a hearing in those locations within the time period will be deemed a waiver of the right.
(b) Hearings will be conducted before one or more members of the Commission. The Commission may appoint a hearing officer for the conduct of the hearings.
Authority The provisions of this § 21.21 amended under 65 Pa.C.S. § 1107(1); and section 204(3) of the Commonwealth Documents Law (45 P.S. § 1204(3)).
Source The provisions of this § 21.21 amended April 19, 2024, effective April 20, 2024, 54 Pa.B. 2077. Immediately preceding text appears at serial pages (342996) to (342997).
Cross References This section cited in 51 Pa. Code § 25.4 (relating to appeal of determination); 51 Pa. Code § 43.2 (relating to Commission proceedings under section 1307 of the act); 51 Pa. Code § 43.5 (relating to investigative process for late or deficient filings); 51 Pa. Code § 63.2 (relating to Commission proceedings regarding prohibited activities under section 13A07 of the act); and 51 Pa. Code § 63.5 (relating to investigative process for late or deficient filings).
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