Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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16 Pa. Code § 42.66. Results of preliminary hearing.

§ 42.66. Results of preliminary hearing.

 (a)  If, after a preliminary hearing under this subchapter, the preliminary hearing officer finds that probable cause exists to credit the allegations of the complaint, the preliminary hearing officer will reopen the case and make a finding of probable cause.

 (b)  If, subsequent to the commencement of a preliminary hearing under this subchapter, the preliminary hearing officer finds that further investigation or other action by the Commission is necessary or appropriate, the preliminary hearing officer will reopen the case, direct that further investigation or other action take place, and may retain jurisdiction over the case as is deemed necessary or appropriate.

 (c)  If, after a preliminary hearing under §  42.67 (relating to reopening cases after final disposition), the preliminary hearing officer finds that justice requires that the case be reopened, the finding will be made and reported to the Commissioners, who may reopen the case or take other action as they deem necessary or appropriate.

 (d)  If, after a preliminary hearing under this subchapter, the preliminary hearing officer finds that probable cause does not exist to credit the allegations of the complaint, or that justice does not require that the case be reopened under §  42.67, the finding will be made and reported to the Commissioners, who may reaffirm the case closing or take other action as they deem necessary or appropriate.

 (e)  The Commission will notify all parties, in writing, of the results of any preliminary hearing held under this subchapter.

Source

   The provisions of this §  42.66 adopted April 19, 1991, effective April 20, 1991, 21 Pa.B. 1909.



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