Pennsylvania § 3105 - Hearing examiners.

§ 3105. Hearing examiners.

(a) Appointment.--

(1) Notwithstanding any other provision of law, the commissioner, after consultation with the licensing boards and licensing commissions, shall appoint hearing examiners as may be necessary to conduct hearings in disciplinary matters before a licensing board or licensing commission.

(2) Each licensing board and licensing commission shall have the power to decide if a specific disciplinary matter or type of disciplinary matter is to be heard by the licensing board or licensing commission itself or by a hearing examiner appointed under this subsection.

(b) Regulations.--The commissioner, after consultation with the licensing boards and commissions, shall have the power to promulgate regulations specifying the procedural rules to be followed by hearing examiners in the conduct of hearings in disciplinary matters before a licensing board or licensing commission. A hearing in a disciplinary matter under this title shall comply with the following:

(1) Be conducted in accordance with the provisions of 2 Pa.C.S. (relating to administrative law and procedure).

(2) A respondent may appear in person or remotely via the use of communication technology for a hearing before a hearing examiner, licensing board or commission. If the respondent fails to appear in person or remotely and the hearing examiner, board or commission finds that the respondent was given proper notice of the date, time, location of the hearing and the allegations against the respondent, a hearing may be held in absentia and a negative inference may be drawn by the hearing examiner, board or commission that the allegations against the respondent are true. Multiple continuances may only be granted for good cause.

(3) A person who has suffered an adverse effect stemming from the conduct alleged in the Order to Show Cause or other Department of State charging document may, before or at the hearing, submit a written impact statement that may be considered by the hearing examiner, board or commission solely for purposes of determining a sanction imposed on the respondent.

(c) Powers.--A hearing examiner shall have the power to:

(1) Conduct hearings in accordance with applicable statutes, rules and regulations.

(2) Issue subpoenas requiring the attendance and testimony of individuals or the production of pertinent records or other papers by persons who, in the opinion of the hearing examiner, have information relevant to any matters pending before the hearing examiner and to issue decisions.

(d) Time periods.--

(1) In all disciplinary matters before a licensing board or licensing commission, hearings shall commence within 90 days after the date on which an answer is filed.

(2) A continuance granted prior to the commencement of the hearing shall toll the 90-day requirement by the period of the continuance.

(3) A decision shall be rendered within 180 days after the record is closed.

(4) The licensing board or licensing commission shall render a final adjudication or decision on any exceptions to the decision of a hearing examiner or any applications for review within 90 days of the filing of the exceptions or applications, provided that a board or commission may delegate to a hearing examiner the authority to render a final adjudication or decision in such cases as deemed appropriate.

(e) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Communication technology." An electronic device or process that:

(1) Allows a hearing examiner and a remotely located individual to communicate with each other simultaneously by sight and sound.

(2) If agreed to by the parties to the hearing and, if as determined by the hearing examiner, good cause is shown that the individual cannot meet the terms of paragraph (1), allows a hearing examiner and a remotely located individual to communicate with each other simultaneously by sound only.

(3) Makes reasonable accommodations for an individual with a vision, hearing or other disability.

(Apr. 15, 2024, P.L.20, No.5, eff. 60 days)

2024 Amendment. Act 5 amended subsec. (b) and added subsec. (e).

Cross References. Section 3105 is referred to in section 3108 of this title.