§ 56.2. Adjudication procedure.
(a) At the conclusion of an administrative hearing, if submission of briefs is waived by participants with the consent of the presiding officer or the Insurance Commissioner sitting as such or after submission of briefs, the matter will be adjudicated by the Insurance Commissioner. Consequently, notwithstanding any provision of 1 Pa. Code Part II (relating to general rules of administrative practice and procedure) to the contrary, oral argument, certification of the record of hearing or a proposed report by a presiding officer prior to adjudication by the Insurance Commissioner are dispensed with.
(b) The provisions of subsection (a) supersedes 1 Pa. Code § § 35.201—35.207, 35.211—35.214 and 35.221 (relating to proposed reports generally; exceptions to proposed reports; and briefs and oral argument in absence of proposed report).
Source The provisions of this § 56.2 adopted December 9, 1977, effective December 10, 1977, 7 Pa.B. 3611.
Notes of Decisions While this section mandates providing an opportunity to be heard, this opportunity does not require an evidentiary hearing. Where no disputed facts are present, the motion proceedings, including briefs and argument by both parties, provide an ample opportunity to be heard. United Healthcare Benefits Trust v. Insurance Commission, 620 A.2d 81 (Pa. Cmwlth. 1993).
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