§ 30.54. Proceedings on complaints.
(a) A complaint instituted under this subchapter will be assigned to a special agent or an administrative law judge who will serve as the presiding officer in the case.
(b) A presiding officer will conduct hearings on a public complaint within 15 days after the filing of an answer to a public complaint. This 15-day time limitation does not apply to the scheduling of hearings on a private complaint which will be scheduled by the Commission within 90 days after the initiation of the proceeding consistent with 66 Pa.C.S. § 332(g) (relating to procedures in general).
(c) Telephone hearings may be held in the presiding officer’s discretion.
(d) Hearings may be tape recorded unless the presiding officer determines that the hearing should be transcribed by a stenographer. Requests for stenographic transcription and the reasons therefor shall be presented in the complaint or answer. In the event of an appeal of the Commission’s order, a transcription of the tape recorded hearing shall be made by a court reporter approved by the Commission.
(e) The presiding officer may require the filing of briefs prior to the issuance of a decision although briefs will only be required in extraordinary circumstances upon the express direction of the presiding officer. Proposed findings of fact and conclusions of law may, at the presiding officer’s discretion, be submitted to the presiding officer within 5 days after the close of the record.
(f) The presiding officer will render a decision within 30 days after the hearing or within 30 days after receipt of the proposed findings, if any are filed. The decision will be in writing, and will contain a brief description of the subject matter of the proceedings, findings of fact and conclusions of law.
(g) The presiding officer’s decision will not be subject to exception or administrative appeal, although the Commission may exercise a right of review of a presiding officer’s decision within 15 days of issuance. A party may not file an exception or appeal before the Commission, and the Commission will exercise its right of review solely at its own discretion. If the Commission does not review a decision, the decision will become a final order without further Commission action. If the Commission does exercise its right of review, that review shall be exercised subject to 66 Pa.C.S. § 332(h) (relating to procedures in general).
Authority The provisions of this § 30.54 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 2404(a), 2409 and 2412.
Source The provisions of this § 30.54 amended November 29, 1996, effective January 29, 1997, 26 Pa.B. 5816. Immediately preceding text appears at serial pages (205705) to (205706).
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