Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 6234 (September 28, 2024).

37 Pa. Code § 197.93. Decision of the Hearing Board.

§ 197.93. Decision of the Hearing Board.

 (a)  Upon the expiration of the time period for filing posthearing briefs and requests for findings of fact and conclusion of law, if any, the hearing board member who presided at the hearing shall prepare a proposed adjudication and order for consideration by the full Hearing Board. This subsection supersedes 1 Pa. Code §  35.202 (relating to proceedings in which proposed reports are prepared).

 (b)  The Hearing Board may:

   (1)  Affirm the decision of the Department.

   (2)  Reverse the decision of the Department.

   (3)  Remand the matter to the Department for further hearing, review or reconsideration.

 (c)  In the event of a tie vote by the hearing board members participating in the adjudication, the decision of the Department will be deemed to be affirmed.

Source

   The provisions of this §  197.93 adopted May 1, 1981, effective May 2, 1981, 11 Pa.B. 1455.

Cross References

   This section cited in 37 Pa. Code §  197.15 (relating to recording of proceedings); and 37 Pa. Code §  197.81 (relating to definitions).



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