Current through Register Vol. 54, No. 25, June 22, 2024
Section 197.48 - Procedure at hearing(a) The party filing the appeal shall have the burden of proof.(b) The party filing the appeal shall open and close, unless otherwise directed by the hearing board member conducting the hearing. This subsection supplements 1 Pa. Code § 35.125(a) (relating to order of procedure).(c) Parties to the proceeding shall have the right of presentation of evidence, cross examination, objection, motion and argument. This subsection supplements 1 Pa. Code § 35.126 (relating to presentation by the parties).(d) In the case of appeals involving more than two parties, the Hearing Board member conducting the prehearing conference will establish the order in which the parties shall examine witnesses, conduct cross examination and present opening and closing statements. None of the parties at the prehearing conference shall be required to address substantive matters, including matters of evidence, until the order has been established.(e) The Hearing Board member conducting the hearing may limit the number of witnesses who may be heard upon an issue. This subsection supplements 1 Pa. Code § 35.127 (relating to limiting number of witnesses).(f) A witness shall be sworn or shall affirm before giving testimony. This subsection supplements 1 Pa. Code § 35.137 (relating to oral examination).(g) Where documents are offered in evidence, they shall be verified by a witness before being admitted unless the parties agree to their admission without verification.The provisions of this § 197.48 adopted May 1, 1981, effective 5/2/1981, 11 Pa.B. 1455; amended August 19, 1983, effective 8/20/1983, 13 Pa.B. 2551.The provisions of this § 197.48 amended under section 805(b) of the Health Care Facilities Act (35 P. S. § 448.805(b)); and 2 Pa.C.S. § 102(a).
This section cited in 37 Pa. Code § 197.15 (relating to recording of proceedings).