PRINTER'S NO. 3697
No. 2788 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 January 24, 1966 (1965 P.L.1527, No.535),
2 entitled "An act providing for and regulating the licensing
3 of landscape architects; fixing fees; creating the State
4 Board of Landscape Architects; imposing powers and duties on
5 the Department of State, the Commissioner of Professional and
6 Occupational Affairs and the board; and prescribing unlawful
7 acts and penalties," providing for hearing examiners.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 10, act of January 24, 1966 (1965
11 P.L.1527, No.535), known as the "Landscape Architects
12 Registration Law," is amended to read:
13 Section 10. Actions of the Board.--All actions of the Board
14 pursuant to this act which result in a refusal to issue a
15 license for reasons other than failure to pass a written
16 examination required by this act or action which suspends or
17 revokes a license shall be subject to the right of notice,
18 hearing and adjudication and the right of appeal therefrom in
19 accordance with [the act of June 4, 1945 (P.L.1388), known as
20 the "Administrative Agency Law."] Title 2 of the Pennsylvania
1 Consolidated Statutes (relating to administrative law and
2 procedure). The board shall appoint, with the approval of the
3 Governor, such hearing examiners as shall be necessary to
4 conduct hearings as may be required under this section. The
5 board shall have the power to adopt and promulgate rules and
6 regulations setting forth the functions, powers, standards and
7 duties to be followed by the hearing examiners. The hearing
8 examiners shall have the power to conduct hearings in accordance
9 with the regulations of the board, and to issue subpoenas
10 requiring the attendance and testimony of individuals or the
11 production of, pertinent books, records, documents and papers by
12 persons whom they believe to have information relevant to any
13 matter pending before the examiner. Such examiner shall also
14 have the power to administer oaths. The hearing examiner shall
15 hear evidence submitted and arguments of counsel, if any, with
16 reasonable dispatch, and shall promptly record his decision,
17 supported by findings of fact, and a copy thereof shall
18 immediately be sent to the board and to counsel of record, or
19 the parties, if not represented. If application for review is
20 made to the board within twenty days from the date of any
21 decision made as a result of a hearing held by a hearing
22 examiner, the board shall review the evidence, and if deemed
23 advisable by the board, hear argument and additional evidence.
24 As soon as practicable, the board shall make a decision and
25 shall file the same with its finding of the facts on which it is
26 based and send a copy thereof to each of the parties in dispute.
27 Section 2. This act shall take effect in 60 days.
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