- (a) After receipt of a complaint or petition, the Department, with or without motion, may schedule a hearing to hear and determine procedural and substantive matters within the jurisdiction of the Department under the act arising from the proceedings of a local government unit taken under the act.
- (b) The scope of the hearing may be limited by the presiding officer to specified legal or factual issues presented in the pleadings or a motion. The holding of a hearing may be conditional on the outcome of an initial hearing or oral argument on a motion to dismiss or other preliminary motion and a determination thereon by the presiding officer.
- (c) This section supersedes 1 Pa. Code § § 35.101 and 35.102 (relating to general).
Notes of Decisions
Hearing
The Department may only hold a hearing on a complaint or petition if fraudulent conduct is alleged and supported by specific allegations. Since no fraud was alleged, it was error for the Department to conduct a hearing, and it’s decision made following the hearing was reversed. Northampton County v. Department of Community and Economic Development, 785 A.2d 1082 (Pa. Cmwlth. 2001); appeal granted 808 A.2d 573 (Pa. 2002); and order vacated 825 A.2d 1245 (Pa. 2003).