1. (a) Pre-hearing procedures.

   1. (1) No later than 2 weeks prior to the date of the hearing, the assigned attorney for the Board’s Bureau of Licensing shall electronically forward all Licensing exhibits to the parties, the hearing examiner and the court reporter. When submitting exhibits, the Licensing attorney shall identify the hearing by licensee or applicant name, hearing date and time. Each exhibit must be a separate file named and marked according to its Licensing exhibit number (for example, B1, B2 and the like).

   2. (2) Licensees, applicants, protestants or intervenors, or their counsel, shall electronically submit all exhibits to ra-lbhearings@pa.gov at least 3 business days prior to the date of the hearing. When submitting exhibits, each participant shall, within the subject field of the email, identify the hearing by licensee or applicant name, hearing date and time. Each exhibit must be a separate file and must be named and marked as follows:

      1. (i) For a license applicant, each exhibit must be named: A1, A2 and the like.
      2. (ii) For an existing licensee, each exhibit must be named: L1, L2 and the like.
      3. (iii) For a protestant or intervenor, each exhibit must be marked with the protestant or intervenor’s name, followed by a sequential number, such as, Smith1, Smith2 and the like.
   3. (3) Failure to provide a copy of an exhibit prior to the hearing may be grounds for its exclusion.
   4. (4) Objections relating to exhibits shall be made during the hearing, at the time the party moves for admission.
   5. (5) The hearing examiner or the Office of Chief Counsel of the Board may require the submission of pre-hearing memoranda to address issues that may arise at the hearing.

2. (b) Pre-hearing conferences.

   1. (1) Upon the request of any party or the hearing examiner, and subject to approval by the Office of Chief Counsel of the Board, a telephonic pre-hearing conference may be held with the hearing examiner. A party requesting a pre-hearing conference shall submit this request, including the reasons therefore, to the Office of Chief Counsel of the Board and all other parties by means of email.
   2. (2) Pre-hearing conferences may be held no earlier than 14 days, and no later than 3 days, prior to the scheduled date of the hearing.
   3. (3) Notwithstanding the 3-business-day requirement of subsection (a)(2), parties shall electronically exchange all exhibits at least 1 business day prior to a pre-hearing conference.

3. (c) Scheduling of hearings and requirements for participation.

   1. (1) Hearings will be conducted by video teleconference, unless the Office of Chief Counsel of the Board determines otherwise, upon a showing of good cause.
   2. (2) Hearing attendees who participate in a hearing shall use both the audio and video functions of the Internet-based videoconferencing software. Each participant testifying as a witness shall use a separate electronic device with its own camera and microphone. Unless approved by the Office of Chief Counsel of the Board or the parties agree otherwise, no witness may testify using a device that is shared with another person. However, witnesses may share an electronic device with counsel during the times that the individual is not actively testifying.
   3. (3) In addition to any other notice required by law, the Office of Chief Counsel of the Board will electronically send notice to the parties and the hearing examiner of the date and time set for the hearing. This notice will include the hyperlink needed to access the hearing. Hearing participants who have not received the required hyperlink shall request access by sending an email to ra-lbhearings@pa.gov no later than 3 business days prior to the scheduled hearing.
   4. (4) The Board will provide written instructions explaining the virtual hearing requirements on its website. Hearing participants requiring assistance shall contact ra-lbhearings@pa.gov no later than 3 business days prior to the hearing to schedule a test of the Internet-based videoconferencing software.
   5. (5) The Board will provide the dial-in number and corresponding access code for each hearing on its website to allow members of the public to listen in by telephone.
4. (d) This section supplements 1 Pa. Code Chapter 35, Subchapter B (relating to hearings and conferences).

Authority

The provisions of this § 17.16 added under section 207(i) of the Liquor Code (47 P.S. § 2-207(i)).

Source

The provisions of this § 17.16 added October 3, 2025, effective October 4, 2025, 55 Pa.B. 6956.