Pennsylvania Act 2024-5 — PROFESSIONS AND OCCUPATIONS (STATE LICENSED) (63 PA.C.S.) - HEARING EXAMINERS

Act text

Session of 2024

No. 2024-5

HB 1295

AN ACT

Amending Title 63 (Professions and Occupations (State Licensed)) of the Pennsylvania Consolidated Statutes, in powers and duties, further providing for hearing examiners.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1. Section 3105(b) of Title 63 of the Pennsylvania Consolidated Statutes is amended and the section is amended by adding a subsection to read:

§ 3105. Hearing examiners.

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(b) Regulations.--The commissioner, after consultation with the licensing boards and commissions, shall have the power to promulgate regulations specifying the procedural rules to be followed by hearing examiners in the conduct of hearings in disciplinary matters before a licensing board or licensing commission. [All proceedings shall be] A hearing in a disciplinary matter under this title shall comply with the following:

(1) Be conducted in accordance with the provisions of 2 Pa.C.S. (relating to administrative law and procedure).

(2) A respondent may appear in person or remotely via the use of communication technology for a hearing before a hearing examiner, licensing board or commission. If the respondent fails to appear in person or remotely and the hearing examiner, board or commission finds that the respondent was given proper notice of the date, time, location of the hearing and the allegations against the respondent, a hearing may be held in absentia and a negative inference may be drawn by the hearing examiner, board or commission that the allegations against the respondent are true. Multiple continuances may only be granted for good cause.

(3) A person who has suffered an adverse effect stemming from the conduct alleged in the Order to Show Cause or other Department of State charging document may, before or at the hearing, submit a written impact statement that may be considered by the hearing examiner, board or commission solely for purposes of determining a sanction imposed on the respondent.

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(e) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Communication technology." An electronic device or process that:

(1) Allows a hearing examiner and a remotely located individual to communicate with each other simultaneously by sight and sound.

(2) If agreed to by the parties to the hearing and, if as determined by the hearing examiner, good cause is shown that the individual cannot meet the terms of paragraph (1), allows a hearing examiner and a remotely located individual to communicate with each other simultaneously by sound only

(3) Makes reasonable accommodations for an individual with a vision, hearing or other disability.

Section 2. This act shall take effect in 60 days.

APPROVED--The 15th day of April, A.D. 2024.

JOSH SHAPIRO