7 Pa. Code § 179.2

Current through Register Vol. 54, No. 44, November 2, 2024

Section 179.2 - Definitions

(a) The following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise:

Adjudication-An order, decree, decision, determination or ruling by the Commission affecting the personal or property rights, privileges, immunities, duties, liabilities or obligations of the parties to the proceeding in which the adjudication is made.

Complaint-A written statement of verified allegations submitted by a Bureau Director, Commission staff or other licensed person setting forth the violation of law or of rules and regulations promulgated thereunder.

Documentary evidence-Any document or paper which is presented and accepted as evidence in a proceeding.

Documentary hearing-A proceeding limited to a review of documentary evidence submitted by the parties, including pleadings, documents, affidavits and transcripts.

Electronic mail-A means of dispatching or receiving a submittal in relation to a Commission matter through electronic means.

Formal investigation-A matter initiated by the Commission, the Bureau Directors or Commission staff which results in a formal review of possible violations of the act or the rules and regulations promulgated by the Commission. An investigation may be initiated through or arising from written complaints, oral allegations, anonymous tips, video tape surveillance or other information collected or presented to the Commission.

Hearing-A proceeding, documentary or oral, initiated by the filing of a complaint, petition, motion, ruling of the Board of Judges or Board of Stewards or by order of the Commission.

Hearing Notice-A notice of the time and place of a hearing.

Intervener-A person who petitioned to intervene in a proceeding and has properly demonstrated an effected interest sufficient to create standing in the matter and who has been admitted by the Commission as a participant to the proceeding.

Oral hearing-A proceeding wherein the parties may present sworn testimony, documents or other evidence and of which a verbatim record is made.

Party-A person who is named in or admitted to a proceeding before the Commission and who has a direct interest in the subject matter of the proceeding.

Prehearing conference-A proceeding to establish a schedule, discuss offers of settlement and identify other issues the Commission, the Bureau Directors or presiding officer may direct.

Presiding officer-

(i) A member of the Commission or other person designated by the Commission to conduct a proceeding.

(ii) This definition supersedes 1 Pa. Code §31.3 (relating to the definitions).

Proceeding-A matter intended to produce a formal record.

Respondent-A person subject to the jurisdiction of the Commission to whom an order or notice is issued by the Commission or Bureau Directors instituting a proceeding or investigation.

Subpoena-

(i)Administrative subpoena. An order of the Commission or designee directing a licensee or other person or witness to attend and present testimony and documents at a particular time, place and proceeding;

(ii)Investigatory subpoena (Duces Tecum) An order of the Commission or designee compelling a licensee to produce certain records, documents or other things related to an investigation which may be in the possession, custody or control of that person. (This definition supersedes 1 Pa. Code §35.142 (relating to subpoenas).)

(b) Subsection (a) supersedes 1 Pa. Code §31.3 (relating to definitions).

7 Pa. Code § 179.2