Current through Register Vol. 54, No. 36, September 7, 2024
Section 179.52 - Nature of Commission hearings(a)Appeals from Judges or Stewards. An appeal to the Commission from a decision or ruling of the Board of Judges or the Board of Stewards, as set forth in Subchapter B (relating to Judges and Stewards hearings), shall be limited to the underlying evidentiary record created by the parties and Commission investigators at the hearing before the Judges or Stewards and shall not be considered a hearing de novo.(1) The Commission's review of the Judges' or Stewards' rulings shall be limited to a review for errors of law and whether the findings or conclusions set forth by the Judges or Stewards are supported by appropriate evidence contained in the hearing record.(2) Issues not raised by appellant in the notice of appeal will be deemed waived.(b)Original action. An appeal from a determination, decision or ruling by the Bureau Directors, the Commission's licensing or investigative staff, or a matter specifically referred to the Commission by the Board of Judges or Board of Stewards shall be a de novo hearing.(c) Subsection (b) supersedes 1 Pa. Code §35.20 (relating to appeals from actions of the staff). This section cited in 7 Pa. Code § 179.53 (relating to Commission hearings).