§ 3.10. Hearing authority.

 (a)  The hearing authority is the Secretary.

 (b)  The Secretary will delegate to the hearing examiner the authority necessary to conduct the hearing proceedings and to:

   (1)  Determine the facts.

   (2)  Determine the appropriate regulations that apply.

   (3)  Interpret a regulation when the regulation is ambiguous.

   (4)  Interpret a directive of the Department when the directive is ambiguous.

   (5)  Apply the facts to the law to determine the correct result.

   (6)  Recommend that the Secretary adopt the result.

 (c)  The hearing examiner’s recommendation shall be submitted to the Secretary or his designee within 30 days of the conclusion of the hearing.

 (d)  Hearing examiners may not invalidate or modify a Departmental regulation.

 (e)  Subsection (b) supplements 1 Pa. Code §  35.187 (relating to authority delegated to presiding officers).

Cross References

   This section cited in 6 Pa. Code §  11.292 (relating to written request for appeal).



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