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§ 780-130. Hearing examiners

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and Safety

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 6. The Controlled Substance, Drug, Device and Cosmetic Act (Refs & Annos)
35 P.S. § 780-130
§ 780-130. Hearing examiners
(a) The secretary shall appoint, with the approval of the Governor, such hearing examiners as shall be necessary to conduct hearings as provided in section 27.1
(b) Hearing examiners appointed under this act shall have the power to issue subpoenas requiring the attendance and testimony of, or the production of, pertinent books and papers by persons whom they believe to have information relevant to any matter pending before him. Such examiner shall also have the power to administer oaths.
(c) Any person who refuses to obey a subpoena issued hereunder or to be sworn or affirmed or to testify, or who is guilty of any contempt after summons to appear, may be punished as for contempt of court. For this purpose, an application may be made by the examiner to the court of common pleas within the territorial jurisdiction of which the offense was committed for which purpose such court is hereby given jurisdiction.
(d) In any action or proceeding before him, the hearing examiner may assess all costs incurred in connection with the prosecution of such proceeding, including investigative and laboratory costs incurred by the Commonwealth, against respondent in such proceeding; such costs to be in addition to any other penalty imposed and to be retained by the Department of Health and applied to cost to the department administering this act.
(e) Hearings shall be conducted under the provisions of the Administrative Agency Law, as amended,2 and subject to such other rules and regulations not inconsistent therewith as the secretary may provide and any person aggrieved by any action of the hearing examiner may appeal in accordance with the provisions of the Administrative Agency Law, as amended.

Credits

1972, April 14, P.L. 233, No. 64, § 30, eff. June 14, 1972.

Footnotes

35 P.S. § 780-127.
71 P.S. § 1710.1 et seq. (repealed); see 2 Pa.C.S.A. § 101 et seq.
35 P.S. § 780-130, PA ST 35 P.S. § 780-130
Current through 2020 Regular Session Act 77. Some statute sections may be more current, see credits for details.
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