Current through Register Vol. 54, No. 25, June 22, 2024
(a) If a respondent demands a hearing, the Executive Director will appoint a presiding officer to conduct the hearing on behalf of the Commission. The presiding officer may be an employe of the Commission who had not reviewed the proposed revocation action after proceedings were initiated under § 51.22 (relating to initiation of proceedings). This subsection supersedes 1 Pa. Code § 35.185 (relating to designation of presiding officers).(b) Hearings will be conducted at the Harrisburg office of the Commission or at another location in the Harrisburg area as the Executive Director may designate. Respondents will be given at least 10 days written notice of the date and time of the hearing.(c) The burden of proof to justify the proposed suspension, denial or revocation will be on the Commission to prove by a preponderance of the evidence that the proposed action is justified by the facts and circumstances.(d) The presiding officer will permit either oral argument at the conclusion of the hearing or the filing of written briefs, but not both, except in cases of extraordinary complexity where he finds, upon motion of the parties or his own motion, that the ends of justice require allowance of both. In cases where briefs are to be filed, the procedures of 1 Pa. Code §§ 35.191-35.193 (relating to proceedings in which briefs are to be filed; content and form of briefs; and filing and service of briefs) will be followed. This subsection supersedes 1 Pa. Code § 35.204 (relating to oral argument before presiding officer).