2010 Pennsylvania Code
Title 66 - PUBLIC UTILITIES
Chapter 3 - Public Utility Commission
331 - Powers of commission and administrative law judges.

                               SUBCHAPTER B
                       INVESTIGATIONS AND HEARINGS

     Sec.
     331.  Powers of commission and administrative law judges.
     332.  Procedures in general.
     333.  Prehearing procedures.
     334.  Presiding officers.
     335.  Initial decisions and release of documents.
     § 331.  Powers of commission and administrative law judges.
        (a)  General rule.--The commission may, on its own motion and
     whenever it may be necessary in the performance of its duties,
     investigate and examine the condition and management of any
     public utility or any other person or corporation subject to
     this part. In conducting the investigations the commission may
     proceed, either with or without a hearing, as it may deem best,
     but it shall make no order without affording the parties
     affected thereby a hearing. Any investigation, inquiry or
     hearing which the commission has power to undertake or hold
     shall be conducted pursuant to the provisions of this chapter.
        (b)  Assignment of proceedings; powers of chairman.--All on-
     the-record proceedings shall be referred to an administrative
     law judge for decision except that in those proceedings
     involving a rate determination, safety matters, rulemaking
     procedures, unprotested applications or matters covered by
     section 335(a)(1) (relating to initial decisions), the
     commission may authorize the chairman to assign cases as
     provided in paragraphs (2) and (3); and, in addition, the
     commission may authorize the chairman to:
            (1)  Designate the time and place for the conducting of
        investigations, inquiries and hearings.
            (2)  Assign cases to a commissioner or commissioners for
        hearing, investigation, inquiry, study or other similar
        purposes.
            (3)  Assign cases to special agents or administrative law
        judges for the taking and receiving of evidence.
            (4)  Direct and designate officers and employees of the
        commission to make investigations, inspections, inquiries,
        studies and other like assignments for reports to the
        commission.
            (5)  Be responsible through the secretary for
        specifically enumerated daily administrative operations of
        the commission.
        (c)  Requirements for presiding officers.--There shall
     preside at the taking of evidence the commission, one or more
     commissioners, or one or more administrative law judges
     appointed as provided in this chapter. The functions of all
     presiding officers shall be conducted in an impartial manner.
     Any such officer may at any time withdraw from a proceeding if
     he deems himself disqualified, and, upon the filing in good
     faith of a timely and sufficient affidavit of personal bias or
     disqualification of any such officer, the commission shall
     determine the matter as a part of the record and decision in the
     proceeding.
        (d)  Authority of presiding officers.--In addition to any
     administrative rules of procedure contained in this part, the
     commission may adopt and publish such additional rules of
     procedure as are not inconsistent with this part. Officers
     presiding at hearings shall have authority subject to the
     published rules of the commission and within its powers, to:
            (1)  Administer oaths and affirmations.
            (2)  Issue subpoenas authorized by law.
            (3)  Rule upon offers of proof and receive relevant
        evidence, take or cause depositions to be taken whenever the
        ends of justice would be served thereby.
            (4)  Regulate the course of the hearing.
            (5)  Require persons requesting to make a statement at a
        public input hearing to state their name, occupation and
        place of employment for the record.
            (6)  Hold conferences for settlement or simplification of
        the issues by consent of the parties.
            (7)  Dispose of procedural requests or similar matters.
            (8)  Make decisions or recommend decisions in conformity
        within this part.
            (9)  Take any other action authorized by commission rule.
        (e)  Interlocutory appeals.--A presiding officer may certify
     to the commission, or allow the parties an interlocutory appeal
     to the commission on any material question arising in the course
     of a proceeding, where he finds that it is necessary to do so to
     prevent substantial prejudice to any party or to expedite the
     conduct of the proceeding. The presiding officer or the
     commission may thereafter stay the proceeding if necessary to
     protect the substantial rights of any of the parties therein.
     The commission shall determine the question forthwith and the
     hearing and further decision shall thereafter be governed
     accordingly. No interlocutory appeal to the commission shall
     otherwise be allowed, except as may be allowed by the
     commission.
        (f)  Declaratory orders.--The commission, with like effect as
     in the case of other orders, and in its sound discretion, may
     issue a declaratory order to terminate a controversy or remove
     uncertainty.
        (g)  Official notice defined.--As used in this chapter the
     term "official notice" means a method by which the commission
     may notify all parties that no further evidence will be heard on
     a material fact and that unless the parties prove to the
     contrary, the commission's findings will include that particular
     fact.
     (Nov. 26, 1978, P.L.1241, No.294, eff. 60 days; July 10, 1986,
     P.L.1238, No.114, eff. imd.)

        1986 Amendment.  Act 114 amended subsec. (d).
        1978 Amendment.  Act 294 amended subsec. (b).
        Cross References.  Section 331 is referred to in sections
     301, 332 of this title.