§ 165.184. Decisions.
(a) Within 30 days after the conclusion of the hearing, the Commission shall issue a written order. The Commission may also, in its discretion, render a written adjudication including a statement of findings of fact and conclusions of law, with the reasons or basis therefor, upon the material issues of fact, law or discretion presented on the record. Orders and adjudications shall be based upon a consideration of the whole record and be supported by reliable, probative and substantial evidence. A final order or adjudication shall be signed and approved by two members of the Commission who shall have the right to enter the final order or adjudication based upon the record made at the hearing or hearings conducted by the Commission or its designated hearing officer, under § 165.183 (relating to Commission hearings). Minority opinions may be submitted and these shall become part of the record.
(b) Orders and adjudications shall be served upon the parties or their counsel personally or by certified mail. If service is made by mail, the date of mailing will be the date of service.
Notes of Decisions Failure by the Commission to comply with this section’s requirements, including that the order of adjudication be in writing, rendered the Commission’s Order on reconsideration invalid since it violated its own regulations. Goldstein v. Horse Racing Commission, 557 A.2d 1183 (Pa. Cmwlth. 1989).
Cross References This section cited in 58 Pa. Code § 165.175 (relating to action without prior hearing).
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