58 Pa. Code § 51.107 - Hearings
(a) If an owner or
permittee of a dam requests a hearing, or the Executive Director or a designee
determines a hearing is appropriate, the Executive Director will appoint a
presiding officer to conduct the hearing on behalf of the Commission. This
subsection supersedes 1 Pa. Code §
35.185 (relating to designation of
presiding officers).
(b) Hearings
will be conducted at the Harrisburg office of the Commission or at another
location the presiding officer or Executive Director may designate. Dam owners
or permittees will be given at least 10 days written notice of the date and
time of the hearing.
(c) The burden
of proof to justify the proposed forfeiture will be on the Commission to prove
by a preponderance of the evidence that the proposed action is justified by the
facts and circumstances.
(d) The
presiding officer will permit either oral argument at the conclusion of the
hearing or the filing of written briefs, but not both, except in cases of
extraordinary complexity when the presiding officer finds, upon motion of the
parties or his own motion, that the ends of justice require allowance of both.
When briefs are to be filed, the procedures of 1 Pa. Code §§
35.191-35.193 (relating to proceedings in
which briefs are to be filed; content and form of briefs; and filing and
service of briefs) will be followed. This subsection supersedes 1 Pa. Code
§
35.204 (relating to oral argument
before presiding officer).
Notes
This section cited in 58 Pa. Code § 51.104 (relating to order to show cause for forfeiture of civil penalty).
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