Current through Register Vol. 54, No. 45, November 9, 2024
Section 197.90 - Procedure at hearing(a) The Department will have the burden of proof.(b) The Department will open and close, unless otherwise directed by the hearing board member conducting the hearing. This subsection supersedes 1 Pa. Code §35.125(a) and supplements 1 Pa. Code §35.125(b)-(d) (relating to order of procedure).(c) Parties to the proceeding shall have the right of presentation of evidence, cross-examination, objection, motion and argument. This subsection supplements 1 Pa. Code §35.126 (relating to presentation by the parties).(d) The hearing board member conducting the hearing may limit the number of witnesses who may be heard upon any issue. This subsection supplements 1 Pa. Code §35.127 (relating to limiting number of witnesses).(e) Each witness shall be sworn or affirm before giving testimony. This subsection supplements 1 Pa. Code §35.137 (relating to oral examination).(f) Where documents are offered in evidence, they shall be verified by a witness before being admitted unless the parties agree to their admission without verification. This subsection supersedes 1 Pa. Code §33.12 (relating to verification).The provisions of this §197.90 adopted May 1, 1981, effective 5/2/1981, 11 Pa.B. 1455. This section cited in 37 Pa. Code § 197.15 (relating to recording of proceedings); and 37 Pa. Code § 197.81 (relating to definitions).