§ 21.24. Hearing officer.
(a) It is the duty of the hearing officer and he has the power to do one or more of the following:
(1) Schedule and conduct a hearing as required to resolve the matter and to provide the parties with proper notice of the hearing.
(2) Administer oaths or affirmations to witnesses.
(3) Rule on motions, objections or other matters arising during the hearing.
(4) Ensure that all parties have a full and fair opportunity to be heard.
(5) Ensure that a record of the proceedings is available for review by the Commission.
(6) Advise witnesses and parties to the hearing of the confidentiality requirements of the act.
(7) Advise witnesses or the respondents, when not represented by counsel, of their rights as witnesses.
(8) Issue subpoenas upon written request for the production of documents, records and persons needed for the proceeding. The hearing officer will be provided with the name and addresses of the persons and a description of the documents or records involved, and will be satisfied that the documents, records or testimony are relevant and are not protected by privilege.
(9) Arrange for the payment of witness fees and mileage expenses or pay other related expenses as required by law.
(b) The hearing officer will make the following available to the Commission to the extent applicable:
(1) A transcript of the hearing, including exhibits.
(2) Motions, briefs, memorandums or documents filed by a party to the proceeding.
(c) Subsection (a) supersedes 1 Pa. Code § 35.187 (relating to authority delegated to presiding officers).
Authority The provisions of this § 21.24 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 § 21.24 amended April 19, 2024, effective April 20, 2024, 54 Pa.B. 2077. Immediately preceding text appears at serial pages (342998) to (342999).
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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