Subchapter L. MOTIONS COMMISSIONERS AND MOTIONS EXAMINERS
Sec.
42.131. Motions commissioners and motions examiners.§ 42.131. Motions commissioners and motions examiners.
(a) The Commissioners may designate one or more commissioners to act as motions commissioner.
(b) The Commission may designate one or more full-time employes, who also function as permanent hearing examiners, to act as motions examiners.
(c) The motions commissioner or motions examiner designated by the Commissioners have the authority:
(1) To rule upon all motions or objections, except that a ruling on a motion or objection which would constitute a final determination of the proceedings will be ruled upon by the Commissioners.
(2) To issue orders as provided in Subchapter E (relating to discovery during investigation and in preparation for public hearing) and in § 42.34 (relating to motions).
(3) To authorize a preliminary hearing to expedite or facilitate a ruling on a matter before the motions commissioner or motions examiner, whenever a hearing is deemed necessary or appropriate.
(d) A motion, objection or request for discovery filed subsequent to the designation of hearing commissioners, a permanent hearing examiner or a preliminary hearing officer under § 42.101 (relating to hearings), or of a preliminary hearing officer under § 42.64(a) (relating to preliminary hearing officer), will be referred to the Commission, examiner or officer for a ruling thereon, except that a ruling or order which would constitute a final determination of the proceedings will be ruled upon by the Commissioners.
(e) A ruling or other order issued by a motions commissioner, motions examiner, hearing commissioner, permanent hearing examiner or preliminary hearing officer under the authority of this section will be a ruling of the Commission for all purposes.
Source The provisions of § 42.131 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 page (84201).
Cross References This section cited in 16 Pa. Code § 42.103 (relating to subpoena for a hearing upon the merits).
No part of the information on this site may be reproduced for profit or sold for profit.
This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
