Current through Register Vol. 54, No. 36, September 7, 2024
Section 42.131 - Motions commissioners and motions examiners(a) The Commissioners may designate one or more commissioners to act as motions commissioner.(b) The Commission may designate one or more full-time employes, who also function as permanent hearing examiners, to act as motions examiners.(c) The motions commissioner or motions examiner designated by the Commissioners have the authority: (1) To rule upon all motions or objections, except that a ruling on a motion or objection which would constitute a final determination of the proceedings will be ruled upon by the Commissioners.(2) To issue orders as provided in Subchapter E (relating to discovery during investigation and in preparation for public hearing) and in § 42.34 (relating to motions).(3) To authorize a preliminary hearing to expedite or facilitate a ruling on a matter before the motions commissioner or motions examiner, whenever a hearing is deemed necessary or appropriate.(d) A motion, objection or request for discovery filed subsequent to the designation of hearing commissioners, a permanent hearing examiner or a preliminary hearing officer under § 42.101 (relating to hearings), or of a preliminary hearing officer under § 42.64(a) (relating to preliminary hearing officer), will be referred to the Commission, examiner or officer for a ruling thereon, except that a ruling or order which would constitute a final determination of the proceedings will be ruled upon by the Commissioners.(e) A ruling or other order issued by a motions commissioner, motions examiner, hearing commissioner, permanent hearing examiner or preliminary hearing officer under the authority of this section will be a ruling of the Commission for all purposes.The provisions of §42.131 adopted August 13, 1976, effective 8/14/1976, 6 Pa.B. 1887; amended October 28, 1983, effective 10/29/1983, 13 Pa.B. 3283; amended April 19, 1991, effective 4/20/1991, 21 Pa.B. 1909. This section cited in 16 Pa. Code § 42.103 (relating to subpoena for a hearing upon the merits).