1. (a) Official notice or judicial notice of facts may be taken by the Commission or the presiding officer on its own or upon request by a party, but only if the party supplies the necessary information.

2. (b) The Commission or the presiding officer may notice a fact that is not subject to reasonable dispute because it:

   1. (1) Is generally known by the Commission or is within its jurisdiction; or
   2. (2) Can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned.
3. (c) The Commission or the presiding officer may take official or judicial notice at any stage of the proceeding.
4. (d) On timely request, a party is entitled to be heard on the propriety of taking judicial notice and the nature of the fact to be noticed.
5. (e) Subsections (a)—(d) supersede 1 Pa. Code § 35.173 (relating to official notice of facts).

Cross References

This section cited in 7 Pa. Code § 179.69 (relating to proposed adjudication of the presiding officer).