58 Pa. Code § 145.13. Decision of the Director or Commission.

§ 145.13. Decision of the Director or Commission.

(a)  Matters may be decided by the Director or, at the discretion of the Director, by the Commission. If a matter is decided by the Commission, action on the matter will be taken at a regular meeting or a special meeting of the Commission.
(b)  After a recommendation has been proposed by the hearing officer, parties will not be afforded an opportunity to submit oral or written statements of their position to the Director or a designee.
(c)  Findings of fact made by the hearing officer are not subject to reversal, but the Director or a designee may return the case to the hearing officer for further findings of fact.
(d)  The Director or a designee will issue an Opinion and Order within 30 days of the conclusion of the hearing or at the Director’s discretion, and submit it to the Commission at the earliest possible regular or special meeting.
(e)  Copies of the opinion and order of the Director or action taken by the Commission will be sent to all parties.

Authority

   The provisions of this §  145.13 issued under the act of June 3, 1937 (P. L. 1225, No. 316) (34 P. S. § §  1311.101—1311.1502) (Repealed); and Game and Wildlife Code, 34 Pa.C.S. § §  101—2965.

Source

   The provisions of this §  145.13 adopted June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464.

Notes of Decisions

   The due process rights of hunters whose licenses were revoked was violated where the hearing officers acted as both judge and prosecutor at the hearing and the Commission’s acceptance of the hearing officer’s recommendation created an appearance of bias. Marich v. Game Commission, 639 A.2d 1345 (Pa. Cmwlth. 1994).
   The Executive Director of the Commission has the authority to review a hearing officer’s recommendation but does not have the authority to affirm or reverse a Commission decision to revoke a hunting license. [Court cited former §  145.7.] Pfingstl v. Game Commission, 531 A.2d 821, 833 (Pa. Cmwlth. 1987); appeal denied 542 A.2d 1373 (Pa. 1988).

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