1. (a) Hearings may be conducted as follows based upon the express agreement of the parties:

   1. (1) Full evidentiary hearing.

      (1.1) Limited hearing based on partially stipulated facts.

   2. (2) Oral argument based on stipulated findings.
   3. (3) Submission on briefs.
   4. (4) [Reserved].
2. (b) The respondent has the right to a full hearing, if so requested.
3. (c) The Commission and the respondent may stipulate one or more of the facts.
4. (d) Motions for dismissal made by the respondent will be deferred to the full Commission for consideration.
5. (e) This section supersedes 1 Pa. Code § 35.126 (relating to presentation by the parties).

Authority

The provisions of this § 21.23 amended under 65 Pa.C.S. § 1107(1) and section 204(3) of the Commonwealth Documents Law (45 P.S. § 1204(3)).

Source

The provisions of this § 21.23 amended April 19, 2024, effective April 20, 2024, 54 Pa.B. 2077. Immediately preceding text appears at serial page (342998).

Cross References

This section cited in 51 Pa. Code § 25.4 (relating to appeal of determination); 51 Pa. Code § 43.2 (relating to Commission proceedings under section 1307 of the act); 51 Pa. Code § 43.5 (relating to investigative process for late or deficient filings); 51 Pa. Code § 63.2 (relating to Commission proceedings regarding prohibited activities under section 13A07 of the act); and 51 Pa. Code § 65.4 (relating to investigative process for late deficient filings).