1. (a) The hearing authority is the Director.

2. (b) It is the function of the hearing officer to do the following:

   1. (1) Determine the facts.
   2. (2) Determine the appropriate regulations that apply.
   3. (3) Interpret a regulation when the regulation is ambiguous.
   4. (4) Apply the law to the facts to determine the correct result.
   5. (5) Recommend that the Director adopt the result.
   6. (6) The hearing officer’s recommendation shall be submitted to the Director or a designee within 30 days of the conclusion of the hearing.
3. (c) Subsections (a) and (b) supplement 1 Pa. Code § 35.187 (relating to authority delegated to presiding officers).

Authority

The provisions of this § 145.12 issued under the act of June 3, 1937 (P. L. 1225, No. 316) (34 P. S. § § 1311.101—1311.1502) (Repealed); and Game and Wildlife Code, 34 Pa.C.S. § § 101—2965.

Source

The provisions of this § 145.12 adopted June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464.