1 Pa. Code § 35.123
Hearings will be held before the agency head or a presiding officer designated under Subchapter E (relating to presiding officers).
Finder of Fact
The Secretary of the Department of Public Welfare is clearly an ‘‘agency head’’ and this chapter permits the Secretary to act in a fact-finding capacity in provider appeals. Siemon’s Lakeview Manor Estate v. Department of Public Welfare, 703 A.2d 551 (Pa. Cmwlth. 1997); appeal denied 727 A.2d 134 (Pa. 1998).
This section cited in 4 Pa. Code § 615.15 (relating to form of hearings); 4 Pa. Code § 615.27 (relating to format of hearing); 6 Pa. Code § 22.95 (relating to formal appeals and hearings); 7 Pa. Code § 179.51 (relating to generally); 7 Pa. Code § 179.53 (relating to Commission hearings); 10 Pa. Code § 3.11 (relating to hearing rules); 25 Pa. Code § 1021.116 (relating to conduct of hearings); 28 Pa. Code § 301.7 (relating to fair hearing); 34 Pa. Code § 131.53a (relating to consolidated hearing procedures); 34 Pa. Code § 131.56a (relating to withdrawal of appearance); 34 Pa. Code § 131.57 (relating to compromise and release agreements); 34 Pa. Code § 131.202 (relating to first hearing information and stay); 34 Pa. Code § 131.203 (relating to hearing procedures); 40 Pa. Code § 15.46 (relating to hearings before the OALJ); 49 Pa. Code § 31.103 (relating to applicability of other laws and rules); 49 Pa. Code § 31.115 (relating to disciplinary sanctions); 52 Pa. Code § 5.203 (relating to hearing in rate proceedings); 52 Pa. Code § 1005.82 (relating to scheduling of hearing); 58 Pa. Code § 145.8 (relating to conduct of the formal hearing); 58 Pa. Code § 494a.1 (relating to generally); 58 Pa. Code § 494a.2 (relating to oral hearings); 61 Pa. Code § 703.31 (relating to disposition of petitions); 61 Pa. Code § 703.34 (relating to hearing procedure); 67 Pa. Code § 491.6 (relating to notice and conduct of hearing); and 67 Pa. Code § 491.10 (relating to hearings).