§ 901.165. Board practice and procedure.

 (a)  General. The provisions of 2 Pa.C.S. § §  501—508 and 701—704 (relating to the administrative agency law) do not apply to practice and procedure before the Board to the extent that those provisions are inconsistent with § §  901.161—901.164, this section and § §  901.166—901.168 (relating to Board recommendation; decision and order; and stay of appeal).

 (b)  Representation.

   (1)  A petitioner is not required to be represented before the Board by an attorney. An individual or a partner in a partnership, corporation or association may be represented by a bona fide officer thereof or another person upon a showing of adequate authorization. A petitioner’s representative shall be authorized in writing to represent the petitioner. A letter signed by the petitioner or a listing as a representative on the face of the petition signed by the petitioner will be accepted as authorization for representation. An authorization continues until the Board is notified in writing by the petitioner that the authorization is rescinded. A party may be represented by a member in good standing of the bar of this Commonwealth.

   (2)  Only an attorney-at-law representing a petitioner, or the petitioner acting without representation before the Board, is permitted to raise or argue a legal question at a hearing before the Board.

   (3)  Notices and other written communications to the petitioner will be given to the petitioner’s authorized representative, and will have the same force and effect as if given to the petitioner directly. Action before the Board taken by the petitioner’s authorized representative will have the same force and effect as if taken by the petitioner.

 (c)  Hearings.

   (1)  Waiver. The petitioner has the right to a hearing or to have the case decided upon the petition and record. A hearing shall be requested in writing. If a hearing is not requested, it is considered waived.

   (2)  Notices of hearing. When the petitioner requests a hearing in writing, reasonable notice will be given to the petitioner in writing specifying the date, time and place of the hearing.

   (3)  Continuances. The Board may grant a reasonable request for continuance of a scheduled hearing. The request shall be made or confirmed in writing, state the reasons for the continuance and be received at least 5 days prior to the scheduled hearing. The Board may grant a request that is not in conformity with this paragraph under extraordinary circumstances. The Board will notify the petitioner of its decision on the requested continuance.

   (4)  Presiding officer. The Deputy Secretary or a designee shall conduct the hearings.

   (5)  Transcripts. Written transcripts of hearings will not be prepared by the Board unless specifically requested in writing. The cost of the transcript is $1.50 per page. A recording of the hearing will be made.

   (6)  Contemptuous conduct. Contemptuous conduct is grounds for exclusion from the hearing.

 (d)  Authority of presiding officer. The presiding officer has authority to:

   (1)  Regulate the conduct of hearings, including scheduling, recessing, reconvening and adjourning, and to do acts and take measures necessary or proper for the efficient conduct of hearings.

   (2)  Administer oaths and affirmation.

   (3)  Receive evidence.

   (4)  Take or cause depositions to be taken.

   (5)  Hold appropriate conferences before or during hearings.

   (6)  Take other action necessary or appropriate to the discharge of the duties vested in the officer, consistent with statutory authority, regulations and Board policy.

   (7)  Participate in making decisions.

   (8)  Rule upon offers of proof and receive relevant evidence.

   (9)  Dispose of procedural requests or similar matters.

 (e)  Service. Notices and decisions issued under § §  901.161—901.164, this section and § §  901.166—901.168 will be sent by first class mail, postage prepaid.

 (f)  Consolidation. Two or more proceedings may be consolidated or severed by the Board at its discretion.

 (g)  Bond. A registrant or licensee whose license or registration has been revoked due to Commonwealth tax liabilities, and who has been notified of the revocation, shall file a bond in an amount of 120% of the tax and interest with the Department for an appeal of the revocation to stay the revocation.

 (h)  Evidence and subpoenas. The presentation of evidence and the issuance of subpoenas relating to hearings before the Board are governed by 1 Pa. Code Chapter 35 Subchapter C (relating to evidence and witnesses).

 (i)  Burden of proof. The petitioner has the burden of proof.

   The provisions of this §  901.165 amended August 11, 2006, effective August 12, 2006, 36 Pa.B. 4475. Immediately preceding text appears at serial pages (265877) to (265879).

   This section cited in 61 Pa. Code §  901.118 (relating to registration decision time limit); and 61 Pa. Code §  901.152 (relating to licensing decision time limits).