Pennsylvania Consolidated Statutes

ADMINISTRATIVE LAW; PROCEDURE (TITLE 2)

CHAPTER 5 PRACTICE AND PROCEDURE

SUBCHAPTER A. PRACTICE AND PROCEDURE OF COMMONWEALTH AGENCIES.

[See Contents Below.]

SUBCHAPTER B. PRACTICE AND PROCEDURE OF LOCAL AGENCIES.

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SUBCHAPTER A. PRACTICE AND PROCEDURE OF COMMONWEALTH AGENCIES.

§ 501. Scope of subchapter.
§ 502. Representation.
§ 503. Discipline.
§ 504. Hearing and record.
§ 505. Evidence and cross-examination.
§ 505.1. Interpreters for the deaf.
§ 506. Briefs and oral argument.
§ 507. Contents and service of adjudications.
§ 508. Notice to department of justice.

§ 501. Scope of subchapter.

(a) General rule.-Except as provided in subsection (b), this subchapter shall apply to all Commonwealth agencies.

(b) Exception.-None of the provisions of this subchapter shall apply to:

1. Proceedings before the Department of Revenue, Auditor General or Board of Finance and Revenue, involving the original settlement, assessment or determination or resettlement, reassessment or redetermination, review or refund of taxes, interest or payments made into the Commonwealth treasury.
2. Proceedings before the Secetary of the Commonwealth under the act of June 3, 1937 (P.L. 1333, No. 320), known as the Pennsylvania Election Code.
3. Proceedings before the Department of Transportation involving matters reviewable under 42. Pa.C.S. § 933 (relating to appeals from government agencies).
4. Proceedings before the State System of Higher Education involving student discipline.

§ 502. Representation.

Any party may be represented before a Commonwealth agency.

§ 503. Discipline.

Any Commonwealth agency may, upon hearing and good cause shown, preclude any person from practice before it.

§ 504. Hearing and record.

No adjudication of a Commonwealth agency shall be valid as to any party unless he shall have been afforded reasonable notice of a hearing and an opportunity to be heard. All testimony shall be stenographically recorded and a full and complete record shall be kept of the proceedings.

§ 505. Evidence and cross-examination.

Commonwealth agencies shall not be bound by technical rules of evidence at agency hearings, and all relevant evidence of reasonably probative value may be received. Reasonable examination and cross-examination shall be permitted.

§ 505.1. Interpreters for the deaf.

(a) Appointment.-In any proceeding before a Commonwealth agency in which a party is deaf the agency shall appoint an interpreter to assist the party throughout the proceeding.

(b) Oath.-The interpreter shall swear or affirm that he will make a true interpretation to the deaf person and that he will repeat the statements of the deaf person to the best of his ability.

(c) Definitions.-As used in this section the following words and phrases shall have the meanings given to them in this subsection:

"Deaf."

Persons who are deaf or whose hearing is so impaired that they are unable to understand or communicate the spoken English language.

"Interpreter."

A person qualified and trained to translate for or communicate with deaf persons. Any person certified by the National or Local Registry of Interpreters for the Deaf or similar registry shall be considered qualified for the purposes of this section.

§ 506. Briefs and oral argument.

All parties shall be afforded opportunity to submit briefs prior to adjudication by a Commonwealth agency. Oral argument upon substantial issues may be heard by the agency.

§ 507. Contents and service of adjudications.

All adjudications of a Commonwealth agency shall be in writing, shall contain findings and the reasons for the adjudication, and shall be served upon all parties or their counsel personally, or by mail.

§ 508. Notice to department of justice.

Before notice of any hearing leading to an adjudication is given by a Commonwealth agency (except the Pennsylvania Public Utility Commission), the agency shall submit the matter to its representative in the Department of Justice who shall pass upon the legality of the proposed action or defense. Failure of the agency to submit the matter to the department shall not invalidate any adjudication.

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