- (a) Official notice or judicial notice of facts may be taken by the Authority or the presiding officer.
- (b) When the decision of the Authority or the presiding officer rests on official notice or judicial notice of a material fact not appearing in the evidence in the record, the parties will be so notified.
- (c) Upon notification that facts are about to be or have been noticed, a party adversely affected shall have the opportunity upon timely request to show that the facts are not properly noticed or that alternative facts should be noticed.
- (d) The Authority or the presiding officer in its discretion will determine whether written presentations suffice, or whether oral argument, oral evidence or cross-examination is appropriate in the circumstances.
- (e) Subsections (a)—(d) supersede 1 Pa. Code § 35.173 (relating to official notice of facts).