§ 21.25. Conduct of the hearing.
(a) The formal rules of evidence will not apply to hearings. Relevant probative evidence except properly objected-to hearsay will be admitted.
(b) Testimony shall be given under oath or affirmation and witnesses shall be subject to cross-examination.
(c) The investigative staff of the Commission will present its case followed by the case of the respondent.
(d) Each party may make an opening and closing statement.
(e) Parties to the proceeding will be afforded a full and fair opportunity to be heard and may be represented by counsel.
(f) The hearing will be closed to the public unless the respondent requests an open hearing.
(g) Witnesses summoned for hearings shall receive reimbursement for expenses under 42 Pa.C.S. § 5903 (relating to compensation and expenses of witnesses).
(h) Subpoenas may be issued at the request of the parties to the hearing on the approval of the Commission or hearing officer. Information subpoenaed shall be relevant and not privileged.
(i) The hearing and papers, records and disclosures therein will be confidential except for the contents of the final order as provided in § 21.29 (relating to finality; reconsideration).
(j) If one or more of the participants in a hearing become disrespectful, disorderly or disruptive, the hearing officer may continue the hearing to allow the full Commission to rule on the proper limitations or sanctions for the person whose behavior does not conform to minimum standards required for an orderly proceeding.
(k) Subsection (a) supersedes 1 Pa. Code § 35.161 (relating to form and admissibility of evidence). Subsection (b) supersedes 1 Pa. Code § 35.137 (relating to oral examination). Subsection (c) supersedes 1 Pa. Code § 35.125 (relating to order of procedure).
Notes of Decisions Admissions
Admissions which are contained in the pleadings are properly before the hearing Commission and are a necessary part of the record. There is no need for a party to move their admission, as they are already before the Commission. Bartholomew v. State Ethics Commission, 795 A.2d 1073 (Pa. Cmwlth. 2002).
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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