§ 131.4. Applicability of General Rules of Administrative Practice and Procedure.

 (a)  This chapter is intended to supersede 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure). The General Rules of Administrative Practice and Procedure are not applicable to activities of and proceedings before judges.

 (b)  Subsection (a) supersedes 1 Pa. Code §  31.4 (relating to information and special instructions).

Authority

   The provisions of this §  131.4 amended under sections 401.1 and 435(a) and (c) of the Workers’ Compensation Act (77 P.S. § §  710 and 991(a) and (c)); section 2205 of The Administrative Code of 1929 (71 P.S. §  565); and section 414 of The Pennsylvania Occupational Disease Act (77 P.S. §  1514).

Source

   The provisions of this §  131.4 adopted November 6, 1981, effective November 7, 1981, 11 Pa.B. 4015; amended March 29, 1991, effective March 30, 1991, 21 Pa.B. 1401; amended December 6, 2002, effective December 7, 2002, 32 Pa.B. 6043. Immediately preceding text appears at serial pages (207536) and (289731) to (289732).

Notes of Decisions

   ‘‘Of Record’’

   Although there is no requirement that hearings be transcribed, they are still ‘‘of record,’’ and it is error to consider evidence for which there is no indication on the record that it was offered or admitted. Kimberly Clark Corp. v. Workers’ Compensation Appeal Board (Bullard), 790 A.2d 1072 (Pa. Cmwlth 2001).



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