Current through Pa Acts 2024-53, 2024-56 through 2024-111
Section 34.21 - Complaint procedure and hearings(a) Any person may prefer charges against a person licensed under the provisions of this act by submitting a written statement of charges, sworn to by the complainant, to the board. In addition, the board may, on its own motion, investigate the conduct of an applicant or a licensee, and shall, in appropriate cases, file a written statement of charges. The applicant or architect charged shall be entitled to be represented by counsel. Hearings shall be conducted in accordance with the provisions for hearings of contested cases as prescribed by the applicable laws and regulations relating to administrative hearings.(b) The hearings may be held by the board or any member thereof, or by any of its duly authorized hearing examiners or by any other person duly authorized by the board for such purpose in any particular case. The time and place of such hearing shall be fixed by the board or its duly authorized hearing examiner. Any member of the board or hearing examiner authorized to conduct the hearing may administer oaths and conduct investigations.(c) When a matter is referred to a hearing examiner for hearing, such person following the completion of the testimony in the hearing before him shall, with reasonable dispatch, file a report with the board setting forth his findings of fact and recommendation. Upon review of the record, the board by majority vote, may adopt the findings in the report or may, with or without additional testimony, either return the matter to the representative for such further consideration as the board deems necessary or make additional or other findings of fact on the basis of all the legally probative evidence in the record and enter its conclusions of law and order in accordance with the requirements for the issuance of an adjudication under Title 2 of the Pennsylvania Consolidated Statutes (relating to administrative law).(d) The board may, in its discretion, issue a certificate to any applicant denied licensure under section 19(a) upon presentation of suitable evidence of reform.1982, Dec. 14, P.L. 1227, No. 281, § 21, imd. effective.