PRINTER'S NO. 3701
No. 2792 Session of 1980
INTRODUCED BY POLITE, JUNE 24, 1980
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, JUNE 24, 1980
AN ACT
1 Amending the act of May 1, 1933 (P.L.216, No.76), entitled "An
2 act relating to dentistry; defining and providing for the
3 licensing and registration of dentists and dental hygienists,
4 and for the revocation and suspension of such licenses and
5 registrations, subject to appeal, and for their
6 reinstatement; defining the powers and duties of the State
7 Dental Council and Examining Board and the Department of
8 Public Instruction; providing penalties; and repealing
9 existing laws," providing for hearing examiners.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. The first paragraph of section 5, act of May 1,
13 1933 (P.L.216, No.76), known as "The Dental Law," amended April
14 30, 1937 (P.L.554, No.136), is amended to read:
15 Section 5. Hearing on Suspensions and Revocation of Licenses
16 and Registrations; Appeals.--Before the license of any licensee
17 or any registration is suspended or revoked by the board, a
18 written copy of the complaint made shall be furnished to the
19 licensee or registrant against whom the same is directed and an
20 opportunity be afforded him or her to be heard [before the
21 board, personally and by counsel. At least ten days' written
1 notice of the time and place of such hearing shall be given the
2 licensee or registrant by registered mail addressed to the post
3 office address as shown on the annual registration or other
4 record or information in possession of the board]. The board
5 shall appoint, with the approval of the Governor, such hearing
6 examiners as shall be necessary to conduct hearings as may be
7 required under this section. The board shall have the power to
8 adopt and promulgate rules and regulations setting forth the
9 functions, powers, standards and duties to be followed by the
10 hearing examiners. The hearing examiners shall have the power to
11 conduct hearings in accordance with the regulations of the
12 board, and to issue subpoenas requiring the attendance and
13 testimony of individuals or the production of, pertinent books,
14 records, documents and papers by persons whom they believe to
15 have information relevant to any matter pending before the
16 examiner. Such examiner shall also have the power to administer
17 oaths. The hearing examiner shall hear evidence submitted and
18 arguments of counsel, if any, with reasonable dispatch, and
19 shall promptly record his decision, supported by findings of
20 fact, and a copy thereof shall immediately be sent to the board
21 and to counsel of record, or the parties, if not represented. If
22 application for review is made to the board within twenty (20)
23 days from the date of any decision made as a result of a hearing
24 held by a hearing examiner, the board shall review the evidence,
25 and if deemed advisable by the board, hear argument and
26 additional evidence. As soon as practicable, the board shall
27 make a decision and shall file the same with its finding of the
28 facts on which it is based and send a copy thereof to each of
29 the parties in dispute.
30 * * *
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1 Section 2. This act shall take effect in 60 days.
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