1. (a) General. Following the hearing and the timely submission of any posthearing filings, the Department hearing officer will prepare and file a proposed report with the docket clerk.

2. (b) Contents. The proposed report shall contain:

   1. (1) Findings of fact.
   2. (2) A discussion of the applicable law and relevant evidence of record.
   3. (3) Conclusions of law.
   4. (4) An order.
3. (c) Notification. The docket clerk will forward copies of the proposed report to all parties of record.
4. (d) Supplementation. This section supplements 1 Pa. Code § § 35.201—35.207 (relating to proposed reports generally).

Authority

The provisions of this § 491.11 issued under the Administrative Agency Law, 2 Pa.C.S. § § 501—508 and 701—704.

Source

The provisions of this § 491.11 adopted December 20, 1991, effective December 21, 1991, 21 Pa.B. 5825; amended July 27, 2001, effective July 28, 2001, 31 Pa.B. 4089. Immediately preceding text appears at serial pages (219678) and (261441).

Notes of Decisions

Notification

The administrative docket clerk’s act of mailing the proposed decision to the address listed on counsel’s praecipe for appearance was proper even though counsel had moved his office and even though he had sent letters to the Department of Transportation and to the Department’s counsel with the new address at the top of the page and he had received letters from the Department’s counsel at the new address, where the record showed that counsel never sent a letter to the administrative docket clerk specifically informing her that he had relocated to the new address and directing the clerk to send all future correspondence to that address. Media v. Department of Transportation, 727 A.2d 140 (Pa. Cmwlth. 1999).