1 Pa. Code § 35.185. Designation of presiding officers.

§ 35.185. Designation of presiding officers.

When evidence is to be taken in a proceeding, either the agency head or, when designated for that purpose, one or more of its members, examiners or other representative appointed according to law, may preside at the hearing.

Notes of Decisions

   Finder of Fact
   The Secretary of the Department of Public Welfare is clearly an ‘‘agency head,’’ and this chapter permits the Secretary to act in a fact-finding capacity in provider appeals. Siemon’s Lakeview Manor Estate v. Department of Public Welfare, 703 A.2d 551 (Pa. Cmwlth. 1997); appeal denied 727 A.2d 134 (Pa. 1998).
   The Public School Employees Retirement Board is an agency head and factfinder under this section and the hearing examiner is not the fact finder. Dowler v. Public School Employees Retirement Board, 620 A.2d 639 (Pa. Cmwlth. 1993).

Cross References

   This section cited in 4 Pa. Code §  89.22 (relating to hearing examiner); 4 Pa. Code §  265.3 (relating to level II hearings); 4 Pa. Code §  265.4 (relating to appeals—level III); 4 Pa. Code §  607a.3 (relating to presiding officer); 6 Pa. Code §  22.95 (relating to formal appeals and hearings); 6 Pa. Code §  30.14 (relating to procedure for designation); 6 Pa. Code §  30.23 (relating to procedure for redesignation); 7 Pa. Code §  179.59 (relating to presiding officers); 7 Pa. Code §  179.96 (relating to conduct of hearing); 12 Pa. Code §  11.14 (relating to presiding officer); 22 Pa. Code §  121.9 (relating to administrative loan collection review procedures); 22 Pa. Code §  201.2a (relating to definitions); 28 Pa. Code §  1113.2 (relating to administrative appeal procedures); 34 Pa. Code §  3a.9 (relating to suspension or revocation of Pennsylvania inspector commission); 34 Pa. Code §  71.25 (relating to hearing procedures); 34 Pa. Code §  95.91 (relating to hearings); 34 Pa. Code §  131.60 (relating to resolution hearings); 34 Pa. Code §  401.14 (relating to decertification or refusal to certify); 37 Pa. Code §  21.54 (relating to hearing examiner); 37 Pa. Code §  79.83 (relating to appointment of hearing examiner); 37 Pa. Code §  123.8 (relating to presiding officer); 37 Pa. Code §  407.33 (relating to hearings); 49 Pa. Code §  31.103 (relating to applicability of other laws and rules); 49 Pa. Code §  31.115 (relating to disciplinary sanctions); 52 Pa. Code §  5.481 (relating to designation of presiding officers); 52 Pa. Code §  1003.73 (relating to Adjudication Department); 52 Pa. Code §  1005.181 (relating to designation of presiding officer); 58 Pa. Code §  51.27 (relating to hearings); 58 Pa. Code §  51.107 (relating to hearings); 58 Pa. Code §  491a.7 (relating to presiding officers); and 61 Pa. Code §  703.34 (relating to hearing procedure).

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