reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 15 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE REGARDING MATTERS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGE › Subchapter A - GENERAL PROVISIONS › Section 15.3 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The following
				  words and terms, when used in this chapter, have the following meanings, unless
				  the context clearly indicates otherwise:
ALJ-Administrative Law Judge
-An individual
					 learned in the law appointed by the Governor under section 212 of the Liquor
					 Code (47 P. S. §
												2-212).
Bureau
-The Bureau of Liquor Control
					 Enforcement of the State Police.
Citation
-A written notice of alleged
					 violations issued by the Bureau commanding a licensee therein named to appear
					 at a hearing before an ALJ to show cause why a license should not be suspended
					 or revoked or why a fine should not be imposed, or both.
Licensee
-One who has been issued a license
					 by the Board.
Notice of hearing
-A document issued by the
					 OALJ to the licensee setting forth the time, date and place of hearing
					 regarding a citation.
OALJ-Office of Administrative Law Judge
-An
					 autonomous office created within the Board for the administration of all
					 functions of the ALJ.
Pleadings
-A citation, motion, petition or
					 answer or other similar document filed in a proceeding.
Subpoena
-An order of the ALJ commanding a
					 person to attend and testify at a particular time and place. It may also
					 require the person to produce at the hearing documents or things which are in
					 the possession, custody or control of that person.
(b) Subsection (a) supplements 1 Pa. Code
				  §
										31.3 (relating to
				  definitions).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 15 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE REGARDING MATTERS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGE › Subchapter A - GENERAL PROVISIONS › Section 15.4 - Training of ALJ personnel

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This
				  section provides for appropriate training to comply with section 142 of the act
				  of June 29, 1987 (P. L. 32, No. 14) (47 P. S. §§
											2-211 note and 2-212 note).
(b) The chief ALJ is authorized to determine
				  the appropriate training of personnel consistent with the Liquor Code including
				  enrollment as members of pro-fessional associations and organizations to
				  receive continuing educational material, and attendance in courses and programs
				  in the area of administrative law and judicial administration.
(c) Since this is a statutory requirement,
				  the costs shall be part of the regular ordinary costs of operation of the
				  OALJ.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 15 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE REGARDING MATTERS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGE › Subchapter B - PROCEEDINGS BEFORE THE OALJ › Section 15.21 - Information and special instructions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Requests for information about citation proceedings under this subchapter shall
				  be directed to: Office of Administrative Law Judge, Pennsylvania Liquor Control
				  Board, Brady Wine Plaza, 2221 Paxton Church Road, Harrisburg, Pennsylvania
				  17110-9661.
(b) The OALJ may not
				  engage in discussions or provide information regarding ultimate dispositions or
				  penalties. Discussions or information regarding possible settlement shall be
				  conducted between the parties.
(c)
				  Submittals, pleadings and other documents filed with the OALJ shall be
				  addressed as follows: Office of Administrative Law Judge, Pennsylvania Liquor
				  Control Board, Brady Wine Plaza, 2221 Paxton Church Road, Harrisburg,
				  Pennsylvania 17110-9661.
(d) Except
				  for citations issued by the Bureau, if upon inspection, an ALJ believes that a
				  pleading rendered for filing does not set forth required material or is
				  otherwise insufficient, the ALJ may decline to accept the pleading and return
				  it unfiled or accept it for filing and advise the person rendering it of the
				  deficiency and require that the deficiency be corrected.
(e) This section supplements 1 Pa. Code
				  §
										31.5 (relating to communications
				  and filings generally).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 15 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE REGARDING MATTERS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGE › Subchapter B - PROCEEDINGS BEFORE THE OALJ › Section 15.22 - Representation before the OALJ

Current through Register Vol. 54, No. 28, July 13, 2024
Representation shall be in accordance with 1 Pa. Code
					 Chapter 31, Subchapter C (relating to representation before
					 agency).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 15 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE REGARDING MATTERS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGE › Subchapter B - PROCEEDINGS BEFORE THE OALJ › Section 15.23 - Documentary filings

Current through Register Vol. 54, No. 28, July 13, 2024
Filings shall be in accordance with 1 Pa. Code Chapter 33
					 (relating to documentary filing).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 15 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE REGARDING MATTERS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGE › Subchapter B - PROCEEDINGS BEFORE THE OALJ › Section 15.24 - Fees

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Filing
				  fees.
Except for citations, prehearing memoranda or motions for
				  continuance, a pleading or motion requires a filing fee by the moving party and
				  will be received but not deemed to be filed until the filing fee has been
				  paid.
(b)
Mode of payment
				  of fees.
Fees shall be paid by a check drawn on the business or trust
				  account of an attorney licensed in this Commonwealth, treasurer's check,
				  cashier's check, certified check, money order, credit card, debit card,
				  electronic funds transfer or other method approved by order of the OALJ.
				  Payments must be made payable to "Commonwealth of Pennsylvania."
(c)
Schedule of fees.
The
				  fees for services rendered by the ALJ are as follows:
Description
Fee
								(in dollars)
Filing fees for pleadings other than citations,
								prehearing memoranda or motions for continuance, requesting special relief,
								action or consideration
$25
Providing copies of papers and records (specially
								requested) per page
$ 1
Providing certification of papers, testimony or
								records
$ 5
(d)
Supersession.
Subsection (a) supersedes 1 Pa. Code §
										33.22 (relating to mode of payment
				  of fees).
The provisions of this §
												15.24 amended under section 207(i)
						of the Liquor Code (47 P. S. §
													2-207(i)).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 15 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE REGARDING MATTERS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGE › Subchapter C - DOCKETING AND CASE CONTROL › Section 15.31 - Central docketing and case control

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The central OALJ in Harrisburg shall
				  maintain a docket of citation proceedings and each citation proceeding shall be
				  assigned an appropriate citation number designation. The docket will be
				  electronically maintained through appropriate computer and data processing
				  equipment. The docket shall be available for information to the public during
				  the regular ALJ office hours insofar as is consistent with the proper discharge
				  of the duties of the ALJ.
(b)
				  Subsection (a) supplements 1 Pa. Code §
										33.51 (relating to
				  docket).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 15 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE REGARDING MATTERS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGE › Subchapter C - DOCKETING AND CASE CONTROL › Section 15.32 - Unofficial statements and opinions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For reasons of sound administration,
				  statements, decisions, information or opinions of ALJs regarding specific cases
				  may not be solicited or will not be given other than for the final
				  adjudication, opinion and order.
(b) Only appropriate information regarding
				  the status of a case or general reports will be released by the Office of Chief
				  Administrative Law Judge.
(c) ALJs,
				  legal counsel and employes are prohibited from making statements providing
				  decisional information or opinions on specific cases other than the final
				  adjudication, opinions and orders.
(d) Statements or information given or
				  expressed are only to be considered aids to the public, do not have the force
				  and effect of law or legal determination and are not binding upon anyone or the
				  OALJ.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 15 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE REGARDING MATTERS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGE › Subchapter D - FORMAL PROCEEDINGS › Section 15.41 - Pleadings and other preliminary matters

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Pleadings.
The pleadings
				  allowed in an action before the ALJ are as follows:
(1) Citations.
(2) Petitions, motions and other pleadings
				  for special relief.
(3) Answers to
				  petitions, motions and other pleadings.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 15 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE REGARDING MATTERS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGE › Subchapter D - FORMAL PROCEEDINGS › Section 15.42 - Waiver of hearing or appeal

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  The licensee may waive a hearing on the citation and the right to appeal from
				  the adjudication. The waiver shall advise the licensee of the potential penalty
				  for all counts.
(b) Section
				  15.45 (relating to notice of
				  hearings; effect of waiver of hearing) governs the affect of waiver of
				  hearing.
(c) This section
				  supplements 1 Pa. Code §
										33.61 (relating to applications
				  for waiver of formal requirements).
This section cited in 40 Pa. Code §
												15.45 (relating to notice of
						hearings; effect of waiver of
						hearing).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 15 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE REGARDING MATTERS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGE › Subchapter D - FORMAL PROCEEDINGS › Section 15.43 - Prehearing memoranda or conferences

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Conferences between participants in a
				  proceeding may be held prior to or during hearings at the direction of the
				  chief ALJ or presiding ALJ, as time, the nature of the proceeding and public
				  interest may permit. The conference may be before the chief ALJ, the chief
				  ALJ's designate or the presiding ALJ. The conference may be held to provide
				  opportunity for one or more of the following:
(1) Submission of facts.
(2) Recommendations of settlement.
(3) Proposals of adjustment of
				  settlement.
(4) Settlement of a
				  proceeding, or the issues therein.
(5) Consideration of means by which the
				  conduct of the hearing may be facilitated and the disposition of the proceeding
				  expedited.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 15 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE REGARDING MATTERS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGE › Subchapter D - FORMAL PROCEEDINGS › Section 15.44 - Service

Current through Register Vol. 54, No. 28, July 13, 2024
Service shall be as required by statute and as supplemented
					 by 1 Pa. Code §§ 33.31-33.36.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 15 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE REGARDING MATTERS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGE › Subchapter D - FORMAL PROCEEDINGS › Section 15.45 - Notice of hearings; effect of waiver of hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If the licensee has waived the
				  requirement of the hearing, admitting to the violation and waiving appeal from
				  the adjudication as provided in §
										15.42 (relating to waiver of
				  hearing or appeal), the ALJ may accept the waiver. If the ALJ accepts the
				  waiver, the ALJ will impose a penalty without a hearing upon the basis of the
				  citation, the summarization of facts surrounding the incident, prior violations
				  as submitted by the Bureau, and matters submitted in mitigation by the
				  licensee, or hold a hearing for penalty determination. The Bureau may comment
				  on mitigation materials submitted. If the ALJ rejects the waiver, the matter
				  shall be scheduled for a hearing.
(b) If an appropriate pleading or prehearing
				  memorandum is not filed within the period of time directed by the OALJ, that
				  will not affect the scheduling of a hearing by the OALJ.
(c) This section supplements 1 Pa. Code
				  §§
										33.61,
				  35.103-35.106 (relating to applications
				  for waiver of formal requirements; and notice of hearing).
This section cited in 40 Pa. Code §
												15.42 (relating to waiver of
						hearing or appeal).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 15 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE REGARDING MATTERS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGE › Subchapter D - FORMAL PROCEEDINGS › Section 15.46 - Hearings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Hearings shall
				  be in accordance with 1 Pa. Code §§ 35.121-35.133.
(b) No person except the reporter engaged by
				  the OALJ to record its proceedings may record mechanically or electronically a
				  part of the proceedings in a hearing.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 15 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE REGARDING MATTERS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGE › Subchapter D - FORMAL PROCEEDINGS › Section 15.47 - Transcript

Current through Register Vol. 54, No. 28, July 13, 2024
Transcripts shall be in accordance with 1 Pa. Code
					 §§
										35.131 -35.133 (relating to
					 transcript).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 15 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE REGARDING MATTERS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGE › Subchapter D - FORMAL PROCEEDINGS › Section 15.48 - Subpoenas

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon the
				  request of a party, the central ALJ will issue a subpoena signed and under the
				  seal of the OALJ but otherwise in blank, in the form as prescribed by the
				  OALJ.
(b) A copy of the subpoena
				  may be served upon any person within this Commonwealth by a competent adult as
				  follows:
(1) In the manner prescribed by
				  Pa.R.C.P. No. 402(a) (relating to manner of service acceptance of
				  service).
(2) By any form of mail
				  requiring a return receipt, postage prepaid, restricted delivery. Service is
				  complete upon delivery of the mail to the person named in the subpoena or one
				  or more of the persons referred to in 231 Pa. Code Rule 402(a)(2). The return
				  receipt may be signed by the person named in the subpoena or a person referred
				  to in Pa.R.C.P. No. 402(a)(2).
(3)
				  By ordinary mail. The mail shall contain two copies of the Notice of
				  Acknowledgment prescribed by subsection (e) and a self-addressed, stamped
				  envelope. A subpoena served by ordinary mail is not alone grounds for a
				  continuance requested at the hearing unless evidence is produced that the
				  witness had received the subpoena and planned to attend.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 15 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE REGARDING MATTERS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGE › Subchapter D - FORMAL PROCEEDINGS › Section 15.49 - Depositions

Current through Register Vol. 54, No. 28, July 13, 2024
Depositions shall be in accordance with 1 Pa. Code
					 §§
										35.145 -35.152 (relating to
					 depositions).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 15 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE REGARDING MATTERS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGE › Subchapter D - FORMAL PROCEEDINGS › Section 15.50 - Stipulations

Current through Register Vol. 54, No. 28, July 13, 2024
Stipulations shall be in accordance with 1 Pa. Code §
										35.155 (relating to presentation
					 and effect of stipulations).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 15 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE REGARDING MATTERS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGE › Subchapter D - FORMAL PROCEEDINGS › Section 15.51 - Evidence

Current through Register Vol. 54, No. 28, July 13, 2024
Evidence shall be in accordance with 1 Pa. Code
					 §§
										35.161 -35.169 (relating to
					 evidence).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 15 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE REGARDING MATTERS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGE › Subchapter D - FORMAL PROCEEDINGS › Section 15.52 - Official notice of facts

Current through Register Vol. 54, No. 28, July 13, 2024
Official notice of facts shall be in accordance with 1 Pa.
					 Code §
										35.173 (relating to official
					 notice of facts).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 15 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE REGARDING MATTERS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGE › Subchapter D - FORMAL PROCEEDINGS › Section 15.53 - Motions

Current through Register Vol. 54, No. 28, July 13, 2024
Motions shall be in accordance with 1 Pa. Code Chapter 35,
					 Subchapter D (relating to motions).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 15 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE REGARDING MATTERS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGE › Subchapter D - FORMAL PROCEEDINGS › Section 15.54 - Continuances

Current through Register Vol. 54, No. 28, July 13, 2024
(a) No case will be
				  continued without just cause and then only by the chief ALJ or a
				  designee.
(b) A party moving for a
				  continuance shall, if required by the OALJ, submit an affidavit containing the
				  facts alleged as the reason for the motion. The affidavit shall set forth the
				  names and addresses of all parties concerned, the caption, number and term and
				  the cause which may be the basis of the motion and other information the ALJ
				  may request.
(c) If application is
				  made for continuance prior to the date set for hearing because of the absence
				  of a witness, a motion, if required by the OALJ, shall be presented setting
				  forth the facts which it is believed the witness will prove, the efforts made
				  to procure the attendance of the witness, the movant's belief in the facts and
				  the reasons for the belief, and that a continuance will enable the party to
				  procure the presence or testimony of the witness. The application shall
				  identify the witness by name and last known address.
(d) If an application is made for a
				  continuance because of the illness of a licensee, witness or counsel, the
				  application, if required by the OALJ, shall be accompanied by a medical
				  certificate attesting to the illness and inability to testify.
(e) Except as otherwise provided in this
				  section, a continuance may be approved if a written request for the continuance
				  is received by the OALJ at least 48 hours prior to the time fixed for
				  hearing.
(f) A request for a
				  continuance received by the OALJ within the 48-hour period will not be granted
				  unless satisfactory arrangement in writing is made with the OALJ for the
				  payment of expenses resulting from the continuance. The OALJ may waive payment
				  of the expenses and the requirement that the request be in writing in case of
				  extenuating circumstances.
(g) A
				  request for a continuance of hearing because a waiver of hearing was filed
				  after the hearing was scheduled will not be granted until the waiver is
				  approved and accepted by the OALJ.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 15 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE REGARDING MATTERS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGE › Subchapter D - FORMAL PROCEEDINGS › Section 15.55 - Final orders

Current through Register Vol. 54, No. 28, July 13, 2024
An adjudication of an ALJ is a final order except for
					 applications for rehearing or reconsideration.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 15 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE REGARDING MATTERS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGE › Subchapter D - FORMAL PROCEEDINGS › Section 15.56 - Rehearing or reconsideration

Current through Register Vol. 54, No. 28, July 13, 2024
An application or petition for rehearing or reconsideration
					 shall be in accordance with 1 Pa. Code §
										35.241 (relating to application
					 for rehearing or reconsideration).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 15 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE REGARDING MATTERS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGE › Subchapter E - PENALTIES › Section 15.61 - Fines

Current through Register Vol. 54, No. 28, July 13, 2024
Fines shall be paid by a check drawn on the business or
					 trust account of an attorney licensed in this Commonwealth, treasurer's check,
					 cashier's check, certified check, money order, credit card, debit card,
					 electronic funds transfer or other method approved by order of the OALJ.
					 Payments must be made payable to the "Commonwealth of Pennsylvania" with a
					 notation of the citation number. If mailed, remittances shall be addressed to:
					 Office of Administrative Law Judge, Pennsylvania Liquor Control Board,
					 Brandywine Plaza, 2221 Paxton Church Road, Harrisburg, Pennsylvania
					 17110-9661.
The provisions of this §
												15.61 amended under section 207(i)
						of the Liquor Code (47 P. S. §
													2-207(i)).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 15 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE REGARDING MATTERS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGE › Subchapter E - PENALTIES › Section 15.62 - Suspensions and revocations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In the
				  case of a suspension of a license, the Order of the Administrative Law Judge
				  shall direct the licensee to post in a conspicuous place on the outside of the
				  licensed premises or in a window plainly visible from outside the licensed
				  premises, a notice of the suspension in the form and size and containing the
				  provisions the Office of Administrative Law Judge may require. The notice shall
				  remain posted during the entire period of suspension.
(b) During the suspension period, a licensee,
				  its servants, agents or employes, may not cause to be advertised in any manner,
				  or place in, or about the premises, notice of any kind stating that the
				  licensed establishment is closed for any reason other than the suspension of
				  the license.
(c) Suspensions or
				  revocations of permits or licenses shall be carried out as directed in the
				  adjudication. Failure to adhere to the adjudication is sufficient cause for the
				  issuance of a citation to show cause why the license should not be suspended or
				  revoked or a fine imposed.
(d) When
				  a licensed application for transfer is pending and the transferor has an
				  outstanding license suspension imposed by the Office of Administrative Law
				  Judge that has not yet been served and connot be served because the premises is
				  not in operation, the transferee shall either serve the suspension upon
				  approval of the transfer, or request that the suspension be converted to a fine
				  to be paid by the transferee upon approval of the transfer, subject to §
										7.10 (relating to conversion of
				  suspension to fine).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 17 - SPECIAL RULES OF PRACTICE AND PROCEDURE FOR MATTERS BEFORE THE BOARD › Subchapter A - GENERAL › Section 17.1 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter supplements 1 Pa. Code Part II (relating to
					 General Rules of Administrative Practice and Procedure) and governs the
					 practice and procedure before the Board regarding license applications, appeals
					 from ALJ decisions, applications for supersedeas, divestiture and noise
					 exemption petitions.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 17 - SPECIAL RULES OF PRACTICE AND PROCEDURE FOR MATTERS BEFORE THE BOARD › Subchapter A - GENERAL › Section 17.2 - Liberal construction

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This
				  chapter shall be liberally construed to assure just, speedy and inexpensive
				  determination of issues presented.
(b) This section supplements 1 Pa. Code
				  §
										31.2 (relating to liberal
				  construction).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 17 - SPECIAL RULES OF PRACTICE AND PROCEDURE FOR MATTERS BEFORE THE BOARD › Subchapter A - GENERAL › Section 17.3 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
					 have the following meanings, unless the context clearly indicates
					 otherwise:
ALJ-Administrative Law Judge
-An individual
					 learned in the law and appointed by the Governor under section 212 of the
					 Liquor Code (47 P. S. §
											2-212).
Appellant
-The party-Enforcement Bureau or
					 licensee-who feels aggrieved by a decision of the ALJ.
Appellee
-The party who prevailed before
					 the ALJ.
Board
-The Liquor Control Board, or its
					 designee.
Bureau
-The Bureau of Liquor Control
					 Enforcement of the State Police.
Supersedeas
-A stay or delay of a penalty;
					 for example, payment of fine, imposition of suspension or revocation.
Special violation
-A violation which is
					 specially designated in section 471 of the Liquor Code (47 P. S. §
											4-471) which, if found to have been
					 committed, would prevent the appeal from operating as a supersedeas unless,
					 upon sufficient cause shown, the reviewing authority determines
					 otherwise.
Standard violation
-A violation other than
					 a "special violation."
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 17 - SPECIAL RULES OF PRACTICE AND PROCEDURE FOR MATTERS BEFORE THE BOARD › Subchapter A - GENERAL › Section 17.4 - Legal representation

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Appellants, appellees or applicants may represent themselves or may be
				  represented by anyone presently admitted to practice law by the Supreme Court
				  of Pennsylvania. Representation on behalf of an appellant, appellee or
				  applicant by a legal intern certified under the Pennsylvania Bar Admission
				  Rules is permitted.
(b) Legal
				  representatives shall file a notice of appearance with the Board, prior to the
				  time of the hearing, if any, or together with the appeal or application for
				  supersedeas, or both.
(c) No person
				  other than those set forth in subsection (a) is permitted to represent an
				  appellant, appellee or applicant at a hearing of the Board.
(d) When a legal representative represents an
				  appellant, appellee or applicant, notices of the date of hearing and of the
				  decision, and other communications relating to the case, shall be directed to
				  the legal representative. Notice to, or communication with, the legal
				  representative shall have the same force as though personally given to the
				  appellant, appellee or applicant.
(e) Subsection (b) supplements 1 Pa. Code
				  §
										31.24(a) and (b)
				  (relating to notice of appearance). Subsection (d) supplements 1 Pa. Code
				  §§
										31.26,
				  33.31 and
				  33.33 (relating to service on
				  attorneys; service by the agency; and effect of service upon an
				  attorney).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 17 - SPECIAL RULES OF PRACTICE AND PROCEDURE FOR MATTERS BEFORE THE BOARD › Subchapter A - GENERAL › Section 17.5 - Subpoenas

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Issuance.
Except for subpoenas issued upon the Board's own
				  motion, issuance of subpoenas will be as follows:
(1) Subpoenas for the attendance of witnesses
				  or for the production of documents will be issued only upon written application
				  to the Board, with a copy of the application to the opposing party.
(2) Written application shall specify as
				  clearly as possible the relevance of the testimony or documentary evidence
				  sought. Requests for documents must specify, to the extent possible, the
				  documents desired.
(3) Failure to
				  adhere to this subsection may result in the refusal by the Board to issue the
				  requested subpoenas.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 17 - SPECIAL RULES OF PRACTICE AND PROCEDURE FOR MATTERS BEFORE THE BOARD › Subchapter A - GENERAL › Section 17.6 - Depositions and discovery

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Depositions.
At the discretion of the Board, sworn depositions
				  may be transcribed and submitted in lieu of testimony at hearing, if the
				  witness is unavailable to testify because of unavoidable absence from the
				  jurisdiction, illness or other compelling reasons.
(b)
Discovery of documents.
At the discretion of the Board, relevant documents may be obtained from an
				  opposing party prior to the hearing.
(1)
				  Requests for discovery of documents shall be in writing and shall be served
				  upon the opposing party or legal representative in sufficient time to allow
				  completion of discovery prior to the hearing.
(2) If the parties are unable to agree upon a
				  reasonable scope of discovery, requests for discovery shall be forwarded in
				  writing to the Board, which may issue appropriate subpoenas under this
				  title.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 17 - SPECIAL RULES OF PRACTICE AND PROCEDURE FOR MATTERS BEFORE THE BOARD › Subchapter A - GENERAL › Section 17.7 - Exhibits

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Exhibits to be
				  presented in connection with a hearing shall be submitted in five copies each
				  at the time of the hearing unless otherwise directed by the Board.
(b) Documents that the Board, a party,
				  petitioner or intervener expects to offer as exhibits may be presented to the
				  Board's hearing examiner and all other parties of record in advance of a
				  hearing. The documents are not evidence unless admitted into the record by the
				  hearing examiner at the hearing. Presentation of documents to the other parties
				  before a hearing is encouraged.
(c)
				  Subsection (a) supersedes 1 Pa. Code §
										33.15 (relating to number of
				  copies).
The provisions of this §
												17.7 amended under section 207(i)
						of the Liquor Code (47 P. S. §
													2-207(i)).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 17 - SPECIAL RULES OF PRACTICE AND PROCEDURE FOR MATTERS BEFORE THE BOARD › Subchapter A - GENERAL › Section 17.8 - Continuances

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A party moving
				  for a continuance shall submit, if required by the Board, an affidavit
				  containing the facts submitted in support of the motion. The facts shall
				  include the names and addresses of all parties concerned, the caption, number
				  and term of a case which may be the subject of the motion, the reasons why the
				  case should not proceed and other information the Board may request.
(b) When the application is made for
				  continuance because of the illness of an applicant, licensee, witness or
				  counsel, the Board may require a medical certificate attesting to the illness
				  and inability to testify.
(c) A
				  request for a continuance shall be received within the following time limits:
(1) Except as otherwise provided in this
				  section, a continuance will not be approved unless a written request for the
				  continuance is received by the Board at least 48 hours prior to the time fixed
				  for hearing.
(2) A request for
				  continuance received by the Board within the 48-hour period will not be granted
				  unless satisfactory arrangements in writing are made with the Board for the
				  payment of expenses resulting from the continuance. The Board may waive payment
				  of the expenses in case of extenuating circumstances.
(3) Upon approval by the Office of the Chief
				  Counsel of the Board, a motion for continuance may be granted at the time and
				  place set for hearing. The motions will be granted only when a material party,
				  witness or counsel is unavailable to appear for reasons of illness or other
				  sufficient and reasonable cause, which unavailability was not known prior to
				  the time set for the hearing, and could not have been known by the exercise of
				  due diligence. A motion shall include the following:
(i) The name and address of the unavailable
				  material party, witness or counsel.
(ii) A brief statement of the service or
				  testimony to be offered by the party, witness or counsel.
(iii) The reason for the inability to be
				  present.
(iv) A medical
				  certificate, if required for an illness attesting to the illness and inability
				  to appear.
(v) The willingness of
				  the moving party to bear the expense of increased witness fees and mileage
				  occasioned by the request.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 17 - SPECIAL RULES OF PRACTICE AND PROCEDURE FOR MATTERS BEFORE THE BOARD › Subchapter A - GENERAL › Section 17.9 - Briefs

Current through Register Vol. 54, No. 28, July 13, 2024
(a) At the close of
				  each hearing, a schedule for the submission of briefs will be determined.
				  Briefs to be presented in connection with a hearing shall be submitted in four
				  copies.
(b) The provisions of 1 Pa.
				  Code §
										35.193 (relating to filing and
				  service of briefs) are supplemented as to acceptance and filing of briefs and
				  superseded as to the number of copies to be filed. To the extent it relates to
				  the time within which the Board must act on an appeal or application for
				  supersedeas, 1 Pa. Code §
										35.190(c)
				  (relating to appeals to agency head from rulings of presiding officers) is
				  superseded.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 17 - SPECIAL RULES OF PRACTICE AND PROCEDURE FOR MATTERS BEFORE THE BOARD › Subchapter B - LICENSE APPLICATIONS › Section 17.11 - License application protests

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
When location is at issue.
When an application has been filed
				  for a new retail liquor license, retail malt or brewed beverage license,
				  importing distributor or distributor license, or the transfer of these licenses
				  to a premises not then licensed, or for the extension of premises of these
				  licenses, a protest may be filed with the Board by the following:
(1) A licensee whose licensed premises is
				  located within 200 feet of the premises proposed to be licensed.
(2) A church, hospital, charitable
				  institution, school or public playground located within 300 feet of the
				  premises proposed to be licensed.
(3) A resident of the neighborhood within a
				  radius of 500 feet of the premises proposed to be licensed.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 17 - SPECIAL RULES OF PRACTICE AND PROCEDURE FOR MATTERS BEFORE THE BOARD › Subchapter B - LICENSE APPLICATIONS › Section 17.12 - Intervention in license application matters

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person who can demonstrate a direct
				  interest in an application for a new retail liquor license, retail malt or
				  brewed beverage license, importing distributor or distributor license, or the
				  transfer of these licenses, whether person-to-person, place-to-place, or both,
				  or an extension of premises of these licenses, and who can further demonstrate
				  that a Board decision contrary to the person's direct interest will cause the
				  person to be aggrieved may file a petition to intervene.
(b) The petition to intervene may be granted
				  at the discretion of the Board. The Board may grant or deny the petition in
				  whole or in part or may authorize limited participation. In rendering its
				  decision, the Board will consider whether the petitioner has a direct interest
				  in the proceeding and will be aggrieved by a Board decision contrary to that
				  direct interest.
This section cited in 40 Pa. Code §
												17.11 (relating to license
						application protests).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 17 - SPECIAL RULES OF PRACTICE AND PROCEDURE FOR MATTERS BEFORE THE BOARD › Subchapter B - LICENSE APPLICATIONS › Section 17.13 - Protests/intervention procedure

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Form.
A protest or petition to intervene must be substantially
				  in the following form and contain:
(1) The
				  identity of the protestant or petitioner-name, address and telephone
				  number.
(2) The matter to which the
				  protest or petition is addressed.
(3) A concise statement of the objections,
				  including the legal basis for consideration as a valid protest, if
				  applicable.
(4) In addition to the
				  requirements in paragraphs (1)-(3), petitions to intervene must contain the
				  following:
(i) A statement of the direct
				  interest of the petitioner in the proceeding.
(ii) A description of how the petitioner will
				  be aggrieved in the event of a Board decision contrary to the petitioner's
				  direct interest.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 17 - SPECIAL RULES OF PRACTICE AND PROCEDURE FOR MATTERS BEFORE THE BOARD › Subchapter B - LICENSE APPLICATIONS › Section 17.15 - Intervention in noise exemption petitions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Petitions to intervene may be filed with
				  the Board when a municipality has petitioned the Board for exemption from the
				  Board's regulation regarding the sound of amplified music or other
				  entertainment, or the advertisement thereof, being heard outside of licensed
				  premises.
(b) The deadline for
				  filing a petition to intervene with the Board is 7 calendar days before the
				  hearing. In extraordinary circumstances and for good cause, a petition to
				  intervene may be accepted by the Board after the deadline, but not after the
				  hearing begins.
(c) A petition to
				  intervene must present proof that the petitioner has a substantial, direct and
				  immediate interest in the outcome of the proceeding. For an interest to be
				  substantial, it means that there is some discernible adverse effect to the
				  petitioner's individual interest. For the petitioner to have a direct interest,
				  it means that the person claiming to be aggrieved must show the harm to his
				  interest would be caused by the municipality's enforcement of its own noise
				  ordinance. An immediate interest means that there is a close causal connection
				  between the alleged injury and the grant of the exemption.
(d) The Board may allow petitioners to become
				  interveners if the petition also shows the petitioner has an interest of such a
				  nature so that intervention is necessary or appropriate to administration of
				  the Liquor Code and this title. The Board will also consider whether or not the
				  interest asserted in the petition to intervene is adequately represented by
				  existing parties.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 17 - SPECIAL RULES OF PRACTICE AND PROCEDURE FOR MATTERS BEFORE THE BOARD › Subchapter C - APPEALS TO BOARD FROM ADMINISTRATIVE LAW JUDGE DECISIONS › Section 17.21 - Appeals

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Under section
				  471 of the Liquor Code (47 P. S. §
											4-471), the Bureau or licensee who feels
				  aggrieved by a decision of the ALJ has the right of appeal to the
				  Board.
(b) An appeal to the Board
				  shall be in the form prescribed by the Board, and is subject to the following
				  conditions:
(1) The appeal shall be
				  accompanied by a $35 fee payable to the "Pennsylvania Liquor Control
				  Board."
(2) Appeals shall be filed
				  or postmarked within 30 calendar days of the mailing date of the opinion and
				  adjudication of the ALJ; failure to file or have the appeal postmarked within
				  30 calendar days will result in dismissal of the appeal.
(3) A copy of the opinion and adjudication of
				  the ALJ shall be attached to the appeal.
(4) The appeal shall include a concise
				  enumeration and explanation, in the numbered paragraphs, as to each finding of
				  fact which the appellant believes is not supported by substantial
				  evidence.
(5) The appellee shall
				  have 15 days from the mailing date of the Board's notice that an appeal has
				  been filed to respond in writing to the matters raised on appeal; however, no
				  response is required.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 17 - SPECIAL RULES OF PRACTICE AND PROCEDURE FOR MATTERS BEFORE THE BOARD › Subchapter D - SUPERSEDEAS › Section 17.31 - Supersedeas

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An appeal from
				  a decision of an ALJ does not act as an automatic supersedeas if the licensee
				  has been found to have committed one or more of the special violations of
				  section 471 of the Liquor Code (47 P. S. §
											4-471), unless the Board, upon sufficient
				  cause shown, determines otherwise.
(b) A completed application for supersedeas
				  in decisions involving special violations shall be filed concurrent with the
				  appeal but the Board will not consider an application for supersedeas filed
				  more than 30 days after the mailing date of the opinion and adjudication of the
				  ALJ, unless good cause is shown. The application for supersedeas shall be in
				  the form prescribed by the Board and shall list each reason which would
				  demonstrate to the Board that sufficient cause exists for the Board to grant
				  the supersedeas.
(c) When a
				  licensee files a timely appeal from a decision of the ALJ wherein the licensee
				  is found to have committed one or more standard violations, penalties imposed
				  only for standard violations shall be subject to an automatic supersedeas
				  pending the Board's determination of the appeal unless, upon sufficient cause
				  shown, the Board determines otherwise.
(d) The Bureau may apply to the Board to
				  remove a supersedeas. The Bureau shall set forth in numbered paragraphs reasons
				  which demonstrate that sufficient cause exists to remove the supersedeas. An
				  immediate hearing may be scheduled.
(e) Within 10 days of the mailing date of the
				  Board's notice that an application, whether for supersedeas or its removal, has
				  been filed, a response may be filed by the Bureau.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 17 - SPECIAL RULES OF PRACTICE AND PROCEDURE FOR MATTERS BEFORE THE BOARD › Subchapter D - SUPERSEDEAS › Section 17.32 - Hearings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Board may
				  schedule a hearing for the purpose of receiving relevant evidence on the issue
				  of the grant or the removal of a supersedeas. The hearing may be scheduled and
				  held within 10 days of the mailing date of the notice. Continuances will be
				  granted solely at the discretion of the Board.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 17 - SPECIAL RULES OF PRACTICE AND PROCEDURE FOR MATTERS BEFORE THE BOARD › Subchapter E - DIVESTITURE › Section 17.41 - Divestiture

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When the Board
				  determines that a person is not eligible or qualified under the law to have an
				  ownership interest in a licensed business, the Board may issue an order of
				  divestiture to the licensee directing the removal of the person. Failure to
				  comply with the Board's order may result in a citation by the Bureau.
(b) A person aggrieved by the Board's action
				  of divestiture may request a hearing before the Board within 20 days from the
				  date of the Board's order.
(1) The Board will,
				  upon receipt of the request, fix a time and place for hearing before the
				  Board.
(2) The request for hearing
				  shall act as an automatic supersedeas of the Board's order.
Pennsylvania Code › Title 43 - MILITARY AFFAIRS › Part I - Department of Military Affairs › Chapter 1 - GENERAL PROVISIONS › Subchapter A - DISCLOSURE, ACCESS AND RELEASE OF NATIONAL GUARD PERSONNEL RECORDS, PAPERS AND DOCUMENTS › Section 1.1 - General

Current through Register Vol. 54, No. 28, July 13, 2024
Section 702(3) of 51 Pa.C.S. (relating to duties of
					 department) provides that the Department will be the office of permanent record
					 for personnel papers, documents and forms pertaining to the Pennsylvania
					 National Guard and the Pennsylvania Guard except where the laws of the United
					 States require certain papers, documents or forms to be kept permanently in the
					 National Guard Bureau or other Federal agency. Section 902(2) of 51 Pa.C.S.
					 (relating to general powers and duties of Adjutant General) provides that the
					 Adjutant General will be responsible for maintaining military records until
					 transferred to the Pennsylvania archives or, where appropriate, to the proper
					 Federal agency. In fulfilling these duties and responsibilities, the Department
					 and the Adjutant General collect and maintain many military personnel and
					 medical records that were initially prepared and maintained under applicable
					 Federal directives. This subchapter sets forth the standards for public release
					 of those records.