§ 73.188. Hearings.
(a) General. A hearing requested before the Board will be conducted under the procedures in 2 Pa.C.S. § § 501—508 (relating to practice and procedure of Commonwealth agencies) and 1 Pa. Code Part II (relating to general rules of administrative practice and procedure).
(b) Scheduling. Upon receipt of a request for a hearing, the Board will establish a hearing date and provide the requesting party reasonable notice of the date, time and place of the hearing.
(c) Panel. The Board will empanel three of its members to conduct a hearing. The hearing panel will hear the evidence and submit written findings and recommendations to the Board. The hearing panel may not include any member of the review and recommendation panel that reviewed and directed the prosecution of the case.
(d) Briefs and argument. The parties to the hearing may submit briefs to the Board and may request the opportunity to present oral argument before the full Board.
(e) Adjudication. After consideration of the hearing panel’s findings and recommendation, and briefs or oral arguments, the Board will vote on the matter and reduce its decision to writing. The Board members who served on the review and recommendation panel for the matter being considered by the Board shall recuse themselves from the discussion, consideration and voting on the matter. Hearing panel members may participate in the Board’s adjudication of the matter heard by the panel. The Board’s written decision will contain findings of fact, conclusions of law and discussion thereof. The Board’s written decision and an accompanying order describing the disciplinary action taken in connection therewith, will be sent to all parties by United States Postal Service certified mail, return receipt requested, and is effective as of the date of mailing. The written decision of the Board constitutes an adjudication within the meaning of 2 Pa.C.S. § 101 (relating to definitions) and may be appealed under 2 Pa.C.S. § 702 (relating to appeals). If the Board adjudication is not appealed, it will be deemed final.
Source The provisions of this § 73.188 amended September 6, 1996, effective September 7, 1996, 26 Pa.B. 4334. Immediately preceding text appears at serial page (133117).
Cross References This section cited in 22 Pa. Code § 73.183 (relating to violations by licensees); 22 Pa. Code § 73.183a (relating to prosecution of violations and other matters); and 22 Pa. Code § 73.184 (relating to reporting of potential violation).
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