Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter E - PRESIDING OFFICERS › Section 35.190 - Appeals to agency head from rulings of presiding officers

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
During
				  hearing or conference.
Rulings of presiding officers may not be
				  appealed from during the course of hearings or conferences except in
				  extraordinary circumstances where prompt decision by the agency head is
				  necessary to prevent detriment to the public interest. In such instance the
				  matter shall be referred forthwith by the presiding officer to the agency head
				  for determination.
(b)
Offers of proof.
An offer of proof made in connection with an
				  objection taken to a ruling of the presiding officer rejecting or excluding
				  proffered oral testimony shall consist of a statement of the substance of the
				  evidence which counsel contends would be adduced by testimony; and if the
				  excluded evidence consists of evidence in documentary or written form or of
				  reference to documents or records, a copy of the evidence shall be marked for
				  identification and shall constitute the offer of proof.
(c)
Action by agency head.
Unless the agency head acts upon a question referred by a presiding officer to
				  the agency head for determination or upon an appeal taken to the agency head
				  from a ruling of a presiding officer within 30 days after referral or filing of
				  the appeal, whichever is later, such referral or appeal shall be deemed to have
				  been denied. The participants in the proceeding shall be given appropriate
				  notice of the date of the referral or appeal, by the presiding officer or the
				  appellant, as the case may be.
This section cited in 1 Pa. Code §
												35.162 (relating to reception and
						ruling on evidence); 4 Pa. Code §
												607a.21 (relating to exceptions); 7
						Pa. Code §
												179.59 (relating to presiding
						officers); 7 Pa. Code §
												179.96 (relating to conduct of
						hearing); 12 Pa. Code §
												11.14 (relating to presiding
						officer); 22 Pa. Code §
												351.1 (relating to purpose and
						scope); 28 Pa. Code §
												301.7 (relating to fair hearing);
						34 Pa. Code §
												3a.9 (relating to suspension or
						revocation of Pennsylvania inspector commission); 34 Pa. Code §
												111.21 (relating to content and
						form); 34 Pa. Code §
												111.24 (relating to disposition of
						request for supersedeas); 34 Pa. Code §
												125.6 (relating to decision on
						application); 34 Pa. Code §
												131.24 (relating to recusal of
						judge); 34 Pa. Code §
												131.41 (relating to request for
						supersedeas or reconsideration of supersedeas); 34 Pa. Code §
												131.43 (relating to disposition of
						request for supersedeas); 34 Pa. Code §
												131.49 (relating to disposition of
						automatic request for special supersedeas under section 413(a.1) of the act
						(77
						P. S. §
													774(1)); 34 Pa.
						Code §
												131.50a (relating to employee
						request for special supersedeas under sections 413(c) and (d) of the act); 34
						Pa. Code §
												131.111 (relating to decisions of
						judges); 34 Pa. Code §
												131.112 (relating to correction or
						amendment of decision); 34 Pa. Code §
												401.14 (relating to decertification
						or refusal to certify); 37 Pa. Code §
												203.103 (relating to hearing
						procedures); 40 Pa. Code §
												17.9 (relating to briefs); 52 Pa.
						Code §
												5.301 (relating to interlocutory
						review generally); 52 Pa. Code §
												5.414 (relating to offers of
						proof); 52 Pa. Code §
												1005.131 (relating to interlocutory
						review generally); 52 Pa. Code §
												1005.153 (relating to offers of
						proof); 58 Pa. Code §
												491a.7 (relating to presiding
						officers); 61 Pa. Code §
												703.34 (relating to hearing
						procedure) and 61 Pa. Code §
												703.45 (relating to appeal
						rights).