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.