General Rules of Administrative Practice and Procedure ("GRAPP")

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1 PBI Electronic Publication # EP-3583 General Rules of Administrative Practice and Procedure ("GRAPP") Jackie Wiest Lutz, Esquire Departmental Hearing Officer Office of General Counsel PA Department of Labor and Industry Harrisburg A chapter from Grappling with the GRAPP Pub. No. 5546, published August 2008 To purchase this book: See the PBI Online Bookstore at info@pbi.org, or Call Pennsylvania Bar Institute. All rights reserved. This file is licensed only to the person downloading this file from PBI s website, for printing and for saving to his or her personal computer. No further use is permitted. This file may not be shared electronically with any other person without the express written permission of the Pennsylvania Bar Institute. The Pennsylvania Bar Institute does not render any legal, accounting, or other professional services. The Institute s programs and publications are designed solely to help attorneys maintain their professional competence. In dealing with specific legal matters, the attorney using PBI publications or orally conveyed information should also research original sources of authority.

2 Biographies Jackie Wiest Lutz, Esquire Since July 2003, Ms. Lutz has served as a Departmental Hearing Officer under the Office of General Counsel assigned to the Department of Labor & Industry. In this capacity she serves as presiding officer for many Commonwealth agencies as designated and assigned by the Office of General Counsel. At Labor and Industry, Ms. Lutz also serves as the Right-to-Know- Law Exceptions Official. From 1998 to 2003, she was Senior Prosecutor in Charge at the Department of State, Bureau of Professional and Occupational Affairs (BPOA), where she prosecuted cases before professional licensing boards and commissions and supervised a team of six to eight prosecuting attorneys. Ms. Lutz also served as Advisory Counsel to the Bureau of Enforcement and Investigation of the Department of State, Subpoena Counsel to the Department of State Legal Office, and Pro Bono coordinator for the Department of State Legal Office. From 1988 to 1998, she served both as legal counsel and senior counsel, respectively, at BPOA providing legal counsel to various health and business professional licensing boards. Prior to her commencement of Commonwealth service in 1988, she was an Associate in the law firms of Wiest, Wiest, Saylor and Muolo in Sunbury and Connelly, Martsolf, Reid, Bratton & Spade in Harrisburg. A member of the Pennsylvania Bar Association, Ms. Lutz is the current Chair of the Administrative Law Section and serves on the Membership Development and Government Lawyers Committee. She received her Bachelor of Arts degree in 1982 from Indiana University of Pennsylvania and her J.D. degree in 1985 from Ohio Northern University.

3 Table of Contents General Rules of Administrative Practice and Procedure ( GRAPP ) Jackie Wiest Lutz, Esquire...15 A. 1 Pa. Code, Part II ( )...17 B. Agencies (Listed by Title Number and Name) That Operate under a Combination of GRAPP and Their Own Regulations Title 4 Administration...17 a. Civil Service Commission, 4 Pa. Code Title 6 Aging...17 a. Department of Aging, 6 Pa. Code Title 7 Agriculture...18 a. Department of Agriculture, 7 Pa. Code, Part V-A, Chapter 131 (Rules of Procedure), Title 10 Banks and Banking...18 a. Department of Banking, 10 Pa. Code Title 12 Commerce, Trade and Local Government...19 a. Department of Community and Economic Development, Chapter 11. Local Government Unit Debt Act Administrative Rules & Procedures, 12 Pa. Code Title 16 Community Affairs...20 a. Human Relations Commission, 16 Pa. Code Title 19 Corporations and Business Associations...20 a. Corporations Bureau of Department of State, 19 Pa. Code Title 22 Education...20 a. Public School Employees Retirement Board, 22 Pa. Code b. Professional Standards and Practices Commission, 22 Pa. Code c. Teacher Tenure Hearings, 22 Pa. Code Title 25 Environmental Protection...21 a. Environmental Hearing Board, 25 Pa. Code Title 28 Health and Safety...21 a. Department of Health, 28 Pa. Code xvii

4 11. Title 31 Insurance...21 a. Insurance Department, 31 Pa. Code Title 34 Labor and Industry...22 a. Department of Labor and Industry, 34 Pa. Code Title 37 Law...22 a. Board of Probation and Parole, 37 Pa. Code b. State Health Facility Hearing Board, 37 Pa. Code c. Municipal Police Officers Education and Training Commission, 37 Pa. Code d. Commission on Crime and Delinquency, 37 Pa. Code Title 40 Liquor Control Board...23 a. Special Rules of Administrative Practice and Procedure Regarding Matters before the Office of Administrative Law Judge, 40 Pa. Code b. Special Rules of Practice and Procedure for Matters before the Board, 40 Pa. Code Title 43 Military Affairs...23 a. Department of Military Affairs, 43 Pa. Code b. Chapter 7. State Veterans Home 43 Pa. Code Title 49 Professional and Vocational Standards...24 a. State Architects Licensure Board, 49 Pa. Code b. State Board of Medicine, 49 Pa. Code , , and c. State Board of Vehicle Manufactures, Dealers and Salespersons, 49 Pa. Code d. State Board of Osteopathic Medicine, 49 Pa. Code e. Citation Proceedings Guidelines for Imposition of Civil Penalties, 49 Pa. Code 43b.1 43b Title 51 Public Officers...24 a. State Ethics Commission, 51 Pa. Code Title 55 Public Welfare...25 a. Medical Assistance Provider Appeal Procedures, 55 Pa. Code Title 58 Recreation...27 a. Fish Commission, 58 Pa. Code b. Gaming Board, 58 Pa. Code 491a.1 491a xviii

5 c. Game Commission, 58 Pa. Code d. Harness Racing Commission, 58 Pa. Code e. Horse Racing Commission, 58 Pa. Code Title 61 Revenue...29 a. Board of Appeals, 61 Pa. Code b. Board of Finance and Revenue, 61 Pa. Code Title 67 Transportation...29 a. Transportation, 67 Pa. Code C. Agencies (Listed by Title Number and Name) That Follow GRAPP Title 4 Administration...30 a. Bureau of Legislation, Commissions and Elections, (Subpart A) 4 Pa. Code (General Provisions); (Subpart B) 4 Pa. Code 151 and (Legislation); (Subpart C) 4 Pa. Code 161 and 163 (Commissions); and, (Subpart D) 4 Pa. Code (Elections)...30 b. State Employees Retirement Board 4 Pa. Code Title 12 Commerce, Trade and Local Government...30 a. Department of Community and Economic Development, 12 Pa. Code Title 16 Community Affairs...30 a. Municipal Retirement Board, 16 Pa. Code b. Public Employee Retirement Commission, 16 Pa. Code Title 34 Labor and Industry...30 a. Department of Labor and Industry, 34 Pa. Code 1.1 et. seq Title 37 Law...31 a. Crime Victims Compensation, 37 Pa. Code Title 49 Professional and Vocational Standards...31 a. State Board of Auctioneer Examiners, 49 Pa. Code b. State Board of Barber Examiners, 49 Pa. Code c. State Board of Chiropractic, 49 Pa. Code xix

6 d. State Board of Cosmetology, 49 Pa. Code e. State Board of Accountancy, 49 Pa. Code f. State Board of Funeral Directors, 49 Pa. Code g. State Board of Landscape Architects, 49 Pa. Code h. State Board of Nursing, 49 Pa. Code i. State Board of Optometry, 49 Pa. Code j. State Board of Pharmacy, 49 Pa. Code k. State Board of Podiatry, 49 Pa. Code l. State Board of Veterinary Medicine, 49 Pa. Code m. State Board of Dentistry, 49 Pa. Code n. State Real Estate Commission, 49 Pa. Code o. State Board of Certified Real Estate Appraisers, 49 Pa. Code p. State Registration Board for Professional Engineers, Land Surveyors and Geologists, 49 Pa. Code q. State Board of Examiners of Nursing Home Administrators, 49 Pa. Code r. State Board of Physical Therapy, 49 Pa. Code s. State Board of Psychology, 49 Pa. Code t. State Board of Occupational Therapy Education and Licensure, 49 Pa. Code u. State Board of Examiners in Speech-Language and Hearing, 49 Pa. Code v. State Board of Social Workers, Marriage and Family Therapists and Professional Counselors, 49 Pa. Code , and Title 58 Recreation...32 a. State Athletic Commission, 58 Pa. Code Title 61 Revenue...32 xx

7 a. State Tax Equalization Board, 61 Pa. Code b. Treasury Abandoned and Unclaimed Property, 61 Pa. Code Title 64 Securities...32 a. Securities Commission, 64 Pa. Code D. Agencies (listed by title number and name) That Specifically Do Not Use GRAPP Title 34 Labor and Industry...32 a. Workers Compensation Appeals Board, 34 Pa. Code (GRAPP is not Applicable to Proceedings before the Board under the Pennsylvania Occupational Disease Act, 77 P.S )...32 b. Special Rules of Administrative Practice and Procedures before Workers Compensation Judges, 34 Pa. Code Title 61 Revenue...33 a. Board of Appeals, 61 Pa. Code (Practice and Procedure before the Board is not Governed by the Administrative Agency Law, 2 Pa. C.S and (61 Pa. Code 7.5)...33 b. Board of Claims, 61 Pa. Code (Pennsylvania Rules of Civil Procedure Govern All Matters before this Board)...33 xxi

8 GENERAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE ( GRAPP ) A. 1 Pa. Code, Part II ( ) 1. General Rule: 1 Pa. Code 31.1 GRAPP is applicable to all proceedings before agencies of the Commonwealth unless the agency has promulgated its own regulations on the same subject. 2. Some agencies operate under a combination of both GRAPP and their own regulations. 3. Some agencies do not use GRAPP. B. The following agencies (listed by title number and name) operate under a combination of GRAPP and their own regulations: 1. TITLE 4 Administration a. Civil Service Commission, 4 Pa. Code TITLE 6 Aging (1) (a) (d) - supplements 1 Pa. Code 35.9 and (relating to formal complaints generally; and form and content of formal complaints); (2) a (subpoenas) - supersedes 1 Pa. Code (relating to fees of witnesses); supplements 1 Pa. Code (relating to subpoenas); (3) d (prehearing conference) supplements 1 Pa. Code (relating to initiation of conferences); (4) (petition for reconsideration) - supersedes 1 Pa. Code (relating to application for rehearing or reconsideration). a. Department of Aging, 6 Pa. Code GRAPP governs (6 Pa. Code 3.1) except where inconsistent with procedures set forth in Chapter 3. (1) 3.5 (relating to informal complaints) supplements 1 Pa. Code (relating to informal complaints); (2) 3.6 (request for a formal hearing) supplements 1 Pa. Code (relating to form and content of formal complaints); 17

9 (3) 3.7 (Appointment of a hearing examiner) supplements 1 Pa. Code, Chapter 35, Subchapter E (relating to presiding officers); (4) 3.10 (hearing authority) supplements 1 Pa. Code (relating to authority delegated to presiding officers). 3. TITLE 7 Agriculture a. Department of Agriculture, 7 Pa. Code, Part V-A, Chapter 131 (Rules of Procedure), (1) (time) supersedes 1 Pa. Code and (relating to timely filing required; and notice and action on petitions to intervene) and other applicable sections of the general rules including sections concerning the same, similar or related subject matter; (2) (appearances) supplements 1 Pa. Code and (relating to appearance in person and appearance by attorney); (3) (service) supplements 1 Pa. Code (relating to effect of service upon an attorney) and supersedes 1 Pa. Code and (relating to service on attorneys; and notice of non-rulemaking proceedings and other applicable sections of the general rules concerning same or similar subject matter); (4) (intervenors) supplements 1 Pa. Code and (relating to eligibility to intervene; and form and contents of petitions to intervene) and supersedes 1 Pa. Code 35.27, and (relating to initiation of intervention; filling petitions to intervene; and action on petitions to intervene); (5) (subpoenas) supplements 1 Pa. Code (relating to subpoenas); (docket) supersedes 1 Pa. Code 33.51(relating to docket). 4. TITLE 10 Banks and Banking a. Department of Banking, 10 Pa. Code (1) Chapter 3. Hearings and conferences, supersedes GRAPP. 18

10 5. TITLE 12 Commerce, Trade and Local Government a. Department of Community and Economic Development, Chapter 11. Local Government Unit Debt Act Administrative Rules & Procedures, 12 Pa. Code (1) 11.1 Adjudicatory proceedings under section 8211 of the Act (relating to petitions for declaratory orders and complaints to department) are governed by GRAPP to the extent not inconsistent with Chapter 11; (2) 11.3 (timely filing) supersedes 1 Pa. Code (relating to timely filing required); (3) 11.4 (entry of orders) supersedes 1 Pa. Code and (relating to issuance of agency orders, and effective dates of agency orders); (4) 11.5 (appearance before the Department) supersedes 1 Pa. Code (relating to appearance in person); (5) 11.6 (filings) supersedes 1 Pa. Code 33.2 (c), 33.4, 33.15, and 33.22; (6) 11.7 (complaints) supersedes 1 Pa. Code 35.1, 35.2, 35.5, 35.7, 35.9, and 35.14; (7) 11.8 (petitions for declaratory order) supersedes 1 Pa. Code , and (relating to petitions; and protests); (8) 11.9 (answers to complaints and petitions) supersedes 1 Pa. Code (relating to answers); (9) (withdrawal of pleadings) supersedes 1 Pa. Code (relating to withdrawal of pleadings); (10) (motions) supersedes and ; (11) (hearings) supersedes and (relating to general); (12) (notice of hearings) supersedes 1 Pa. Code (relating to notice of hearing); 19

11 (13) (presiding officer) supersedes 1 Pa. Code , and ; (14) (final orders) supersedes 1 Pa. Code , , , and TITLE 16 Community Affairs a. Human Relations Commission, 16 Pa. Code Both supplements and supersedes inconsistent provisions of GRAPP. 7. TITLE 19 Corporations and Business Associations a. Corporations Bureau of Department of State, 19 Pa. Code GRAPP applies (19 Pa. Code 13.1) except as follows: (1) 13.2 (information and special instructions) supplements 1 Pa. Code 31.4 (relating to information and special instructions); (2) 13.3 (communications and filings generally) supplements and partially supersedes 1 Pa. Code 31.5 (relating to communications and filings generally); (3) 13.5 (form) supersedes 1 Pa. Code 33.2 insofar as the section relates to submittals; (4) 13.6 (incorporation by reference) supersedes 1 Pa. Code 33.3 (relating to incorporation by reference); (5) 13.7 (single submittal covering more than one matter) supersedes 1 Pa. Code 33.4; (6) 13.8 (execution) supplements and partially supersedes 1 Pa. Code 33.11; (7) 13.9 (number of copies) supersedes 1 Pa. Code TITLE 22 Education a. Public School Employees Retirement Board, 22 Pa. Code GRAPP applies to all activities and proceedings before the Board (22 Pa. Code 201.1) except as follows: (1) (expedited disposition process) supplements GRAPP; 20

12 (2) (motions practice) supplements GRAPP; (3) (dismissal for nonappearance) supplements GRAPP; (4) (letter briefs) supplements GRAPP. b. Professional Standards and Practices Commission, 22 Pa. Code (1) (relating to disciplinary proceedings) supersede GRAPP; however, under 22 Pa. Code , hearings are to be held in accordance with the Act and GRAPP; c. Teacher Tenure Hearings, 22 Pa. Code (1) (purpose and scope) appeals will follow GRAPP except as supplemented by Chapter 351; however, the following sections of GRAPP do not apply: , , , 35.14, , 35.37, , , , , , , TITLE 25 Environmental Protection a. Environmental Hearing Board, 25 Pa. Code Both supplements and supersedes inconsistent provisions of GRAPP. 10. TITLE 28 Health and Safety a. Department of Health, 28 Pa. Code GRAPP applies to activities and proceedings before the Department, except for limited categories of hearings, which use GRAPP except to the extent inconsistent with these provisions or federal regulations. 11. TITLE 31 Insurance a. Insurance Department, 31 Pa. Code GRAPP is applicable to activities of and proceedings before the Insurance Department except 1 Pa. Code , and (relating to proposed reports generally, exceptions and briefs and oral argument in absence of proposed report). (1) 56.2 provides for expedited adjudication by the Commissioner, when parties waive submission of briefs; (2) 56.3 provides authority and procedure for serving request for admissions. 21

13 12. TITLE 34 Labor and Industry a. Department of Labor and Industry, 34 Pa. Code GRAPP is applicable to activities of and proceedings before the Department, except as follows: 13. TITLE 37 LAW (1) Unemployment Compensation Board of Review, 34 Pa Code supplements GRAPP. a. Board of Probation and Parole, 37 Pa. Code (1) 73.1 (appeals and petitions for administrative review) supersedes 1 Pa. Code ; otherwise, GRAPP is applicable; b. State Health Facility Hearing Board, 37 Pa. Code (1) Supplements GRAPP and supersedes inconsistent provisions. c. Municipal Police Officers Education and Training Commission, 37 Pa. Code GRAPP is applicable to activities of and proceedings before the Commission, except as follows: (1) supplements 1 Pa. Code (relating to presiding officers) and 1 Pa. Code (relating to final orders); (2) supersedes 1 Pa. Code (relating to effect of failure to except to proposed report); d. Commission on Crime and Delinquency, 37 Pa. Code (1) (appeals from rejections of applications) supplements 1 Pa. Code 31.5 (relating to communications and filings); (2) (a) (reconsideration of disapproved applications) supplements 1 Pa. Code 31.5 (relating to communications and filings); (3) (effect of application rejection) supersedes 1 Pa. Code 31.14(b) (relating to effective dates of agency orders); 22

14 (4) GRAPP applies to proceedings for termination of financial assistance; (5) (a) supplements 1 Pa. Code (relating to orders to show cause); (6) (a) supplements 1 Pa. Code (relating to designation of presiding officers); (7) supersedes 1 Pa. Code (relating to proceedings in which proposed reports are prepared). 14. TITLE 40 Liquor Control Board a. Special Rules of Administrative Practice and Procedure Regarding Matters Before the Office of Administrative Law Judge, 40 Pa. Code supplements GRAPP; b. Special Rules of Practice and Procedure for Matters before the Board, 40 Pa. Code supplements GRAPP. 15. TITLE 43 Military Affairs a. Department of Military Affairs, 43 Pa. Code (1) SubChapter A. Veterans Emergency Assistance Program, 43 Pa. Code ; section 5.7 supersedes 1 Pa. Code (relating to appeals from actions of the staff); (2) SubChapter B. Educational Gratuity Program, 43 Pa. Code ; section 5.20 (reconsideration and appeals) supersedes 1 Pa. Code (relating to appeals from actions of the staff); (3) SubChapter C. Disabled Veterans Real Estate Tax Exemption Program, 43 Pa. Code ; section 5.27 (reconsideration and appeals) - supersedes 1 Pa. Code (relating to appeals from actions of the staff); (4) SubChapter D. Blind Veterans Pension, 43 Pa. Code ; section 5.34 (appeals) - supersedes 1 Pa. Code (relating to appeals from actions of the staff); (5) SubChapter E. Paralyzed Veterans, 43 pa. Code ; section 5.46 (appeals) - supersedes 1 Pa. Code (relating to appeals from actions of the staff. 23

15 b. Chapter 7. State Veterans Home 43 Pa. Code (1) 7.10 Hearing Officers have powers of presiding officers under GRAPP, 1 Pa. Code, Chapter 35; (2) 7.12 supplements 1 Pa. Code and and TITLE 49 Professional and Vocational Standards a. State Architects Licensure Board, 49 Pa. Code supplements GRAPP (49 Pa. Code 9.184); b. State Board of Medicine, 49 Pa. Code , , and ; (1) supplements GRAPP; c. State Board of Vehicle Manufacturers, Dealers and Salespersons, 49 Pa. Code GRAPP applies to all proceedings before the Board except protest proceedings under 49 Pa. Code ; (1) supplement GRAPP and apply solely to proceedings under sections 8(d), 13 and 27 of the Act, 63 P.S (d), and d. State Board of Osteopathic Medicine, 49 Pa. Code GRAPP applies to all proceedings before Board except for Board delegations of specific cases to a hearing examiner under sections of the Health Care Services Malpractice Act (40 P.S ). Proceedings under the Health Care Services Malpractice Act are governed by that statute and GRAPP to the extent that GRAPP is not inconsistent; e. Citation Proceedings guidelines for imposition of civil penalties, 49 Pa. Code 43b.1 43b.21 supplements GRAPP. 17. TITLE 51 Public Officers a. State Ethics Commission, 51 Pa. Code (1) 21.1 supersedes 1 Pa. Code 35.9 (relating to formal complaints generally); 24

16 (2) 21.5 supersedes 1 Pa. Code (relating to subpoenas and depositions). 18. Title 55 Public Welfare a. Medical Assistance Provider Appeal Procedures, 55 Pa. Code (1) 41.4 supersedes 1 Pa. Code 31.6 (relating to amendments to rules); (2) 41.5 supersedes 1 Pa. Code (relating to preliminary notice to Department of Justice); (3) 41.6 supersedes 1 Pa. Code (relating to timely filing required); (4) supersedes 1 Pa. Code 33.1 (relating to title); (5) supersedes 1 Pa. Code 33.2(b) (relating to form); (6) supersedes 1 Pa. Code 33.3 (relating to incorporation by references); (7) supersedes 1 Pa. Code (relating to verification); (8) supersedes 1 Pa. Code 33.15, 33.21, 33.22, and 33.7; (9) supersedes 1 Pa. Code 33.31, 33.32, and 33.36; (10) supersedes 1 Pa. Code 33.31, 33.32, and 33.36; (11) supersedes 1 Pa. Code 33.41, and (relating to amendments; withdrawal or termination; and docket); (12) supersedes 1 Pa. Code 35.1, 35.2, , and (relating to appeals from actions of the staff); (13) supersedes 1 Pa. Code 35.1, 35.2, , , and (14) supersedes 1 Pa. Code 35.1, 35.2, and (relating to policy and time extensions); 25

17 (15) supersedes 1 Pa. Code (relating to petitions for issuance, amendment, waiver or deletion of regulations); (16) supersedes 1 Pa. Code (relating to petitions for declaratory orders); (17) supersedes 1 Pa. Code (relating to petitions generally); (18) supersedes 1 Pa. Code 35.23, and ; (19) supersedes 1 Pa. Code (relating to answers to complaints and petitions) (20) supersedes 1 Pa. Code (relating to answers to petitions to intervene); (21) supersedes 1 Pa. Code and (relating to consolidation; and consolidation of formal hearings); (22) supersedes 1 Pa. Code (relating to amendments of pleadings generally; amendments to conform to the evidence; and directed amendments); (23) supersedes 1 Pa. Code (relating to withdrawal of pleadings); (24) supersedes 1 Pa. Code (relating to waiver of hearings); (25) supersedes 1 Pa. Code (relating to conferences to adjust, settle or expedite proceedings); (26) supersedes 1 Pa. Code and (relating to documents on file with agency; and public documents); (27) supersedes 1 Pa. Code and (relating to documents on file with agency; and public documents); (28) supersedes 1 Pa. Code (as the section relates to discovery only); 26

18 (29) supersedes 1 Pa. Code 35.54, and (relating to motions as to complaint; motions as to answer; and objections to motions); (30) supersedes 1 Pa. Code (a) (relating to actions on motions); (31) supersedes 1 Pa. Code (relating to initiation of hearings); (32) supersedes 1 Pa. Code and (relating to order of procedure; and presentation by the parties); (33) supersedes 1 Pa. Code and (relating to expert witnesses; and fees of witnesses); (34) supersedes 1 Pa. Code (relating to subpoenas); (35) supersedes 1 Pa. Code (relating to proceedings in which briefs are to be filed; content and form of briefs; and filing and service of briefs); (36) supersedes 1 Pa. Code , and ; (37) supersedes 1 Pa. Code and (relating to reopening on application of party; and reopening by presiding officer); (38) supersedes 1 Pa. Code (relating to application for rehearing or reconsideration). 19. TITLE 58 Recreation a. Fish Commission, 58 Pa. Code (1) supplements 1 Pa. Code 31.1 (relating to scope); (2) 51.25(a) supplements 1 Pa. Code and (relating to filing fees; and mode of payment of fees); (3) supersedes 1 Pa. Code (relating to final orders); 27

19 (4) 51.27(a) supersedes 1 Pa. Code (relating to designation of presiding officers); (5) 51.27(d) supersedes 1 Pa. Code (relating to oral argument before presiding officer). b. Gaming Board, 58 Pa. Code 491a.1-491a.10 (1) 491a.5(a)-(c) supersedes 1 Pa. Code (relating to service by the agency); (2) 491a.6 supersedes 1 Pa. Code (relating to disqualification of the presiding officer); (3) 491a.7 supersedes 1 Pa. Code (relating to presiding officers); (4) 491a.8 supplements 1 Pa. Code, Part II, Subchapter B (relating to hearings and conferences); (5) 491a.9 supplements 1 Pa. Code (relating to prehearing conferences). c. Game Commission, 58 Pa. Code (1) supplements 1 Pa. Code (relating to timely filing required); (2) supplements 1 Pa. Code and (relating to filing fees; and mode of payment fees); (3) supplements 1 Pa. Code (relating to initiation of hearings); (4) supplements 1 Pa. Code (relating to extensions of time); (5) supplements 1 Pa. Code (relating to conduct of hearings); (6) supplements 1 Pa. Code (relating to recordings of proceedings); (7) (c) supplements 1 Pa. Code (relating to form and admissibility of evidence); 28

20 (8) (d) supplements 1 Pa. Code (relating to oral examination); (9) supplements 1 Pa. Code (relating to authority delegated to presiding officers); (10) supplements 1 Pa. Code (relating to copies of transcripts). d. Harness Racing Commission, 58 Pa. Code (1) supplements GRAPP e. Horse Racing Commission, 58 Pa. Code Title 61 Revenue (1) supplements GRAPP a. Board of Appeals, 61 Pa. Code (1) supersedes GRAPP b. Board of Finance and Revenue, 61 Pa. Code (1) (Special Rules of Administrative Practice and Procedure supplement GRAPP). 21. Title 67 Transportation a. Transportation, 67 Pa. Code (1) supplements 1 Pa. Code (relating to the initiation of hearings); (2) supplements 1 Pa. Code (relating to the initiation of hearings); (3) supersedes 1 Pa. Code (relating to filing fees); (4) supplements 1 Pa. Code (relating to the conduct of hearings); (5) 491.6(d)(2) supplements 1 Pa. Code ; 29

21 (6) 491.6(h) supersedes 1 Pa. Code (relating to action on motions); (7) supersedes 1 Pa. Code (relating to number of copies); (8) supplements 1 Pa. Code (relating to orders to show cause); (9) supplements 1 Pa. Code and (relating to the conduct of hearings; and the order of procedure); (10) supplements 1 Pa. Code (relating to proposed reports generally); (11) supplements 1 Pa. Code (relating to exceptions to proposed reports). C. The following agencies (listed by title number and name) follow GRAPP: 1. TITLE 4 Administration a. Bureau of Legislation, Commissions and Elections, (Subpart A) - 4 Pa. Code (General Provisions); (Subpart B) - 4 Pa. Code 151 and 153.1(Legislation); (Subpart C) 4 Pa. Code 161 and 163 (Commissions); and, (Subpart D) 4 Pa. Code (Elections); b. State Employees Retirement Board 4 Pa. Code TITLE 12 Commerce, Trade and Local Government a. Department of Community and Economic Development, 12 Pa. Code TITLE 16 Community Affairs a. Municipal Retirement Board, 16 Pa. Code ; b. Public Employee Retirement Commission, 16 Pa. Code TITLE 34 Labor and Industry a. Department of Labor and Industry, 34 Pa. Code 1.1 et. seq. 30

22 5. TITLE 37 LAW (1) Bureau of Occupational and Industrial Safety, 34 Pa. Code 201.1, et. seq.; (2) Prevailing Wage Division, 34 Pa. Code et. seq.; (3) Prevailing Wave Appeals Board, 34 Pa. Code et. seq. (4) Bureau of Labor Standards, 34 Pa. Code et. seq. a. Crime Victims Compensation, 37 Pa. Code TITLE 49 Professional and Vocational Standards a. State Board of Auctioneer Examiners, 49 Pa. Code ; b. State Board of Barber Examiners, 49 Pa. Code ; c. State Board of Chiropractic, 49 Pa. Code ; d. State Board of Cosmetology, 49 Pa. Code ; e. State Board of Accountancy, 49 Pa. Code ; f. State Board of Funeral Directors, 49 Pa. Code ; g. State Board of Landscape Architects, 49 Pa. Code ; h. State Board of Nursing, 49 Pa. Code ; i. State Board of Optometry, 49 Pa. Code ; j. State Board of Pharmacy, 49 Pa. Code ; k. State Board of Podiatry, 49 Pa. Code ; l. State Board of Veterinary Medicine, 49 Pa. Code ; m. State Board of Dentistry, 49 Pa. Code ; n. State Real Estate Commission, 49 Pa. Code ; o. State Board of Certified Real Estate Appraisers, 49 Pa. Code ; 31

23 p. State Registration Board for Professional Engineers, Land Surveyors and Geologists, 49 Pa. Code ; q. State Board of Examiners of Nursing Home Administrators, 49 Pa. Code ; r. State Board of Physical Therapy, 49 Pa. Code ; s. State Board of Psychology, 49 Pa. Code ; t. State Board of Occupational Therapy Education and Licensure, 49 Pa. Code ; u. State Board of Examiners in Speech-Language and Hearing, 49 Pa. Code ; v. State Board of Social Workers, Marriage and Family Therapists and Professional Counselors, 49 Pa. Code , and Title 58 Recreation a. State Athletic Commission, 58 Pa. Code Title 61 Revenue a. State Tax Equalization Board, 61 Pa. Code ; b. Treasury Abandoned and Unclaimed Property, 61 Pa. Code Title 64 Securities a. Securities Commission, 64 Pa. Code D. The following agencies (listed by title number and name) do not use GRAPP: 1. TITLE 34 LABOR AND INDUSTRY a. Workers Compensation Appeals Board, 34 Pa. Code (GRAPP is not applicable to proceedings before the Board under the Pennsylvania Occupational Disease Act, 77 P.S ); b. Special Rules of Administrative Practice and Procedures before Workers Compensation Judges, 34 Pa. Code

24 2. TITLE 61 REVENUE a. Board of Appeals, 61 Pa. Code (Practice and procedure before the Board is not governed by the Administrative Agency Law, 2 Pa. C.S and (61 Pa. Code 7.5); b. Board of Claims, 61 Pa. Code (Pennsylvania Rules of Civil Procedure govern all matters before this Board). 33

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