Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter E - PRESIDING OFFICERS › Section 35.187 - Authority delegated to presiding officers

Current through Register Vol. 54, No. 28, July 13, 2024
Presiding officers designated by the agency head to preside
					 at hearings shall have the authority, within the powers and subject to the
					 regulations of the agency, as follows:
(1) To regulate the course of hearings,
				  including the scheduling thereof, subject to the approval of the agency head,
				  and the recessing, reconvening, and the adjournment thereof, unless otherwise
				  provided by the agency head, as provided in §
										35.102(b)
				  (relating to hearing calendar).
(2)
				  To administer oaths and affirmations.
(3) To issue subpoenas.
(4) To rule upon offers of proof and receive
				  evidence.
(5) To take or cause
				  depositions to be taken.
(6) To
				  hold appropriate conferences before or during hearings.
(7) To dispose of procedural matters but not,
				  before their proposed report, if any, to dispose of motions made during
				  hearings to dismiss proceedings or other motions which involve final
				  determination of proceedings.
(8)
				  Within their discretion, or upon direction of the agency head, to certify any
				  question to the agency head for consideration and disposition by the agency
				  head.
(9) To submit their proposed
				  reports in accordance with §
										35.202 (relating to proceedings in
				  which proposed reports are prepared).
(10) To take other action necessary or
				  appropriate to the discharge of the duties vested in them, consistent with the
				  statutory or other authorities under which the agency functions and with the
				  regulations and policies of the agency.
This section cited in 4 Pa. Code §
												89.22 (relating to hearing
						examiner); 6 Pa. Code §
												3.10 (relating to hearing
						authority); 6 Pa. Code §
												22.95 (relating to formal appeals
						and hearings); 7 Pa. Code §
												179.59 (relating to presiding
						officers); 7 Pa. Code §
												179.96 (relating to conduct of
						hearing); 10 Pa. Code §
												3.11 (relating to hearing rules);
						12 Pa. Code §
												11.14 (relating to presiding
						officer); 22 Pa. Code §
												121.9 (relating to administrative
						loan collection review procedures); 22 Pa. Code §
												121.10 (relating to administrative
						wage garnishment procedures for Federal loans); 25 Pa. Code §
												1021.107 (relating to authority
						delegated to hearing examiners); 34 Pa. Code §
												3a.9 (relating to suspension or
						revocation of Pennsylvania inspector commission); 34 Pa. Code §
												71.25 (relating to hearing
						procedures); 34 Pa. Code §
												95.91 (relating to hearings); 34
						Pa. Code §
												131.202 (relating to first hearing
						information and stay); 34 Pa. Code §
												131.204 (relating to UEGF subpoenas
						and interrogatories); 34 Pa. Code §
												401.14 (relating to decertification
						or refusal to certify); 37 Pa. Code §
												79.83 (relating to appointment of
						hearing examiner); 37 Pa. Code §
												123.8 (relating to presiding
						officer); 37 Pa. Code §
												197.37 (relating to objections to
						the record); 37 Pa. Code §
												203.103 (relating to hearing
						procedures); 49 Pa. Code §
												16.53 (relating to powers and
						duties of hearing examiners); 51 Pa. Code §
												21.24 (relating to hearing
						officer); 52 Pa. Code §
												5.483 (relating to authority of
						presiding officers); 52 Pa. Code §
												1003.73 (relating to Adjudication
						Department); 52 Pa. Code §
												1005.184 (relating to authority of
						presiding officer); 58 Pa. Code §
												145.12 (relating to hearing
						authority); 58 Pa. Code §
												491a.7 (relating to presiding
						officers); and 61 Pa. Code §
												703.34 (relating to hearing
						procedure).