(a) The Board may appoint hearing examiners to preside at hearings. Subject to the approval of the Board member assigned to the case, the hearing examiner shall have the following authority:
- (1) To schedule and regulate the course of the hearings.
- (2) To administer oaths and affirmations.
- (3) To rule on motions in limine, offers of proof and the admission or exclusion of evidence.
- (4) To conduct pretrial conferences, settlement conferences and related pretrial proceedings and to dispose of procedural matters.
- (5) To schedule the filing of posthearing briefs following the conclusion of the hearing.
- (6) To recommend to the Board member or to the Board an opinion and order or adjudication disposing of the matters considered at the hearing.
- (b) Subsection (a) supersedes 1 Pa. Code § 35.187 (relating to authority delegated to presiding officers).
Source
The provisions of this § 1021.107 amended September 3, 1999, effective September 4, 1999, 29 Pa.B. 4683; amended June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085. Immediately preceding text appears at serial pages (270942) to (270943).