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§ 3105. Hearing examiners

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 63 Pa.C.S.A. Professions and Occupations (State Licensed)Effective: July 1, 2020 to June 13, 2024

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 63 Pa.C.S.A. Professions and Occupations (State Licensed) (Refs & Annos)
Part II. Bureau of Professional and Occupational Affairs
Chapter 31. Powers and Duties
Effective: July 1, 2020 to June 13, 2024
63 Pa.C.S.A. § 3105
Formerly cited as PA ST 63 P.S. § 2203
§ 3105. Hearing examiners
Currentness
(a) Appointment.--
(1) Notwithstanding any other provision of law, the commissioner, after consultation with the licensing boards and licensing commissions, shall appoint hearing examiners as may be necessary to conduct hearings in disciplinary matters before a licensing board or licensing commission.
(2) Each licensing board and licensing commission shall have the power to decide if a specific disciplinary matter or type of disciplinary matter is to be heard by the licensing board or licensing commission itself or by a hearing examiner appointed under this subsection.
(b) Regulations.--The commissioner, after consultation with the licensing boards and commissions, shall have the power to promulgate regulations specifying the procedural rules to be followed by hearing examiners in the conduct of hearings in disciplinary matters before a licensing board or licensing commission. All proceedings shall be conducted in accordance with the provisions of 2 Pa.C.S. (relating to administrative law and procedure).
(c) Powers.--A hearing examiner shall have the power to:
(1) Conduct hearings in accordance with applicable statutes, rules and regulations.
(2) Issue subpoenas requiring the attendance and testimony of individuals or the production of pertinent records or other papers by persons who, in the opinion of the hearing examiner, have information relevant to any matters pending before the hearing examiner and to issue decisions.
(d) Time periods.--
(1) In all disciplinary matters before a licensing board or licensing commission, hearings shall commence within 90 days after the date on which an answer is filed.
(2) A continuance granted prior to the commencement of the hearing shall toll the 90-day requirement by the period of the continuance.
(3) A decision shall be rendered within 180 days after the record is closed.
(4) The licensing board or licensing commission shall render a final adjudication or decision on any exceptions to the decision of a hearing examiner or any applications for review within 90 days of the filing of the exceptions or applications, provided that a board or commission may delegate to a hearing examiner the authority to render a final adjudication or decision in such cases as deemed appropriate.

Credits

2020, July 1, P.L. 575, No. 53, § 2, imd. effective.
63 Pa.C.S.A. § 3105, PA ST 63 Pa.C.S.A. § 3105
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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