PRINTER'S NO. 2378

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1835 Session of 1985


        INTRODUCED BY McCALL, LAUGHLIN, BURNS, MARKOSEK, STABACK, COY,
           WOZNIAK, GRUITZA, PETRARCA, PISTELLA, COLE, BATTISTO, LUCYK,
           OLASZ, CLARK, COLAFELLA, WAMBACH, KOSINSKI, DeLUCA, FREEMAN,
           McHALE, TRUMAN, DEAL, LLOYD, KUKOVICH AND STEIGHNER,
           OCTOBER 23, 1985

        REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, OCTOBER 23, 1985

                                     AN ACT

     1  Amending Title 66 (Public Utilities) of the Pennsylvania
     2     Consolidated Statutes, further providing for exceptions and
     3     appeals.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 332(h) of Title 66 of the Pennsylvania
     7  Consolidated Statutes is amended to read:
     8  § 332.  Procedures in general.
     9     * * *
    10     (h)  [Exceptions and appeal] Appeal procedure.--Any party to
    11  a proceeding referred to an administrative law judge under
    12  section 331(b) may [file exceptions to the decision of the
    13  administrative law judge within 15 days after such decision is
    14  issued, in a form and manner to be prescribed by the commission.
    15  The administrative law judge shall rule upon such exceptions
    16  within 30 days after filing. Any party to the proceeding may]
    17  appeal to the commission from the [ruling] decision of the

     1  administrative law judge [on the exceptions] within [15] 21 days
     2  after such [ruling] decision is issued. [If no exceptions are
     3  filed or if] If no appeal is taken from the [ruling on the
     4  exceptions] decision of the administrative law judge within [15]
     5  21 days after any such decision [or ruling] is issued, the
     6  decision [or ruling] shall become final, without further
     7  commission action, unless two or more commissioners within [15]
     8  21 days after the decision [or ruling on the exceptions] request
     9  that the commission review the decision and make such other
    10  order, within 90 days of such request, as it shall determine.
    11  Prosecutory counsel of the Law Bureau shall be deemed to have
    12  automatic standing as a party to such proceeding and may file
    13  [exceptions to] an appeal from any decision of the
    14  administrative law judge under this subsection.
    15     Section 2.  This act shall take effect in 60 days.










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