§ 491a.8. Hearings generally.
(a) Unless the Board hears the matter directly, all matters, except for hearings under § 441a.7 (relating to licensing hearings for slot machine licenses), will be assigned to the OHA. The Board may designate a member of the Board or other qualified person to serve as presiding officer in a particular matter.
(b) Hearings will be public unless a party invokes protection afforded to the party under section 1206 of the act (relating to Board minutes and records) or § 407a.3(a) (relating to confidential information).
(c) Hearings may provide for:
(1) Receipt of sworn testimony.
(2) Receipt of all relevant oral or documentary evidence.
(3) Opportunity for parties to be heard.
(4) A complete evidentiary record.
(5) Submission by the presiding officer of a report or report and recommendation to the Board.
(d) Unless required by this part or authorized by law, a party may not engage in an ex parte communication with the Board or presiding officer.
(e) Unless otherwise specified in the written notice, hearings will be conducted in Harrisburg, Pennsylvania, and may be conducted by video conference or by telephone as directed by the Board, Executive Director or presiding officer.
(f) Written notice of hearings will be provided to all parties, and served by the Clerk by first class mail.
(g) Motions shall be filed with the Clerk, served upon the parties and will be docketed and referred to the Board, Executive Director or presiding officer for disposition.
(h) Hearings will be scheduled by the OHA, except for hearings under § 441a.7 which will be scheduled as directed by the Board.
(i) A party may waive the right to a hearing before the Board, Executive Director or presiding officer by filing with the Clerk a Notice of Waiver of Hearing. The matter will then be forwarded to the appropriate bureau for action or to the Board for disposition. This section supersedes 1 Pa. Code § 35.101 (relating to waiver of hearing).
(j) Hearing transcripts will be available for public inspection. If the Board receives a request for a transcript of a hearing for which a transcript has not been prepared, the Board will prepare a transcript and make it available for inspection within 30 days.
(k) This section supplements 1 Pa. Code Chapter 35, Subchapter B (relating to hearings and conferences).
Authority The provisions of this § 491a.8 amended under 4 Pa.C.S. § § 1202(b)(30), 1205 and 1207(2) and (9).
Source The provisions of this § 491a.8 amended July 10, 1009, effective July 11, 2009, 39 Pa.B. 3446; amended February 1, 2013, effective February 2, 2013, 43 Pa.B. 660. Immediately preceding text appears at serial pages (344547) and (344548).
Cross References This section cited in 58 Pa. Code § 403a.7 (relating to temporary emergency orders); 58 Pa. Code § 511a.6 (relating to demand for hearing on the placement of a person on the exclusion list); and 58 Pa. Code § 1120a.6 (relating to demand for hearing on the exclusion of a person).
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