Subchapter J. PRESIDING OFFICERS
Sec.
42.111. Powers and duties of hearing commissioners and permanent
hearing examiners.§ 42.111. Powers and duties of hearing commissioners and permanent hearing examiners.
(a) Hearing commissioners, or a permanent hearing examiner designated by the Chairperson under § 42.101(c) (relating to hearings), has the authority, as follows:
(1) To rule upon motions or objections, except as set forth in paragraph (2).
(2) To recommend in writing to the Commissioners any ruling on any motion or objection which would constitute a final determination of the proceedings, which motion or objection will be ruled upon by the Commissioners.
(3) To consolidate proceedings for hearing if necessary and appropriate to expedite the matter.
(4) To conduct separate hearings of separate issues if necessary and appropriate to expedite the matter or where justice so requires.
(5) To hold appropriate conferences before or during hearings.
(6) To regulate the course of hearings, including the recessing, reconvening and adjournment thereof.
(7) To administer oaths and affirmations.
(8) To rule upon offers of proof and receive evidence.
(9) To require the submission of additional evidence in accordance with 1 Pa. Code § 35.128 (relating to additional evidence).
(10) To call and examine witnesses.
(11) To issue preliminary rulings, findings, orders or relief as, in the judgment of the hearing commissioners, or the permanent hearing examiner, will expedite the proceedings.
(12) To exclude from the hearing room or from further participation in the hearing any person who engages in improper conduct before them.
(b) In addition to the powers enumerated in subsection (a), the hearing commissioners or the permanent hearing examiner has all the authority vested in presiding officers under 1 Pa. Code § 35.187 (relating to authority delegated to presiding officers).
Source The provisions of this § 42.111 adopted August 13, 1976, effective August 14, 1976, 6 Pa.B. 1887; amended October 28, 1983, effective October 29, 1983, 13 Pa.B. 3283; amended April 19, 1991, effective April 20, 1991, 21 Pa.B. 1909. Immediately preceding text appears at serial pages (84199) to (84200).
Notes of Decisions Commission Authority Limited
The Pennsylvania Human Relations Commission did not have the power to overrule a decision of judicial officers denying requested accommodations to a litigant who claimed disability during a judicial proceeding. Frampton v. Human Relations Commission, 669 A.2d 473 (Pa. Cmwlth. 1995).
Examination of Witnesses
A permanent hearing examiner was authorized by law to question witnesses with regard to matters not addressed by a party’s attorney. Allison v. Human Relations Commission, 716 A.2d 689 (Pa. Cmwlth. 1998).
Cross References This section cited in 16 Pa. Code § 42.64 (relating to preliminary hearing officer).
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