A00839
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1295
Session of
2023
INTRODUCED BY MULLINS, HILL-EVANS, KINSEY, MADDEN, SANCHEZ,
CEPEDA-FREYTIZ AND NEILSON, JUNE 1, 2023
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, JUNE 1, 2023
AN ACT
Amending Title 63 (Professions and Occupations (State Licensed))
of the Pennsylvania Consolidated Statutes, in powers and
duties, further providing for hearing examiners.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3105(b) of Title 63 of the Pennsylvania
Consolidated Statutes is amended and the section is amended by
adding a subsection to read:
ยง 3105. Hearing examiners.
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(b) Regulations.--The commissioner, after consultation with
the licensing boards and commissions, shall have the power to
promulgate regulations specifying the procedural rules to be
followed by hearing examiners in the conduct of hearings in
disciplinary matters before a licensing board or licensing
commission. [All proceedings shall be] A hearing in a
disciplinary matter under this title shall comply with the
following:
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(1) Be conducted in accordance with the provisions of 2
Pa.C.S. (relating to administrative law and procedure).
(2) A respondent shall may appear in person or remotely
via the use of communication technology for a hearing before
a hearing examiner, licensing board or commission.
(3) A complainant and any individual, entity or a
representative of an entity that is named in a complaint for
a disciplinary matter pending before a hearing examiner,
licensing board or commission shall have an opportunity to
provide testimony related to the complaint at a hearing.
commission. If the respondent fails to appear in person or
remotely and the hearing examiner, board or commission finds
that the respondent was given proper notice of the date,
time, location of the hearing and the allegations against the
respondent, a hearing may be held in absentia and a negative
inference may be drawn by the hearing examiner, board or
commission that the allegations against the respondent are
true. Multiple continuances may only be granted for good
cause.
(3) A person who has suffered an adverse effect stemming
from the conduct alleged in the Order to Show Cause or other
Department of State charging document may, before or at the
hearing, submit a written impact statement that may be
considered by the hearing examiner, board or commission
solely for purposes of determining a sanction imposed on the
respondent.
* * *
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
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"Communication technology." An electronic device or process
that:
(1) Allows a hearing examiner and a remotely located
individual to communicate with each other simultaneously by
sight and sound. A remotely located individual may
communicate only by sound by demonstrating good cause and by
the agreement of the parties under subsection (b).
(2) Makes reasonable accommodations for an individual
with a vision, hearing or speech impairment other disability .
Section 2. This act shall take effect in 60 days.
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