§ 304 — Administrative law judges

Pennsylvania § 304

• Jurisdiction: Pennsylvania
• Title 66: PUBLIC UTILITIES
• Part: PART I
• Ch. 3: PUBLIC UTILITY COMMISSION
• Subch.: GENERAL PROVISIONS

Text

(a) General rule.--The office of administrative law judge to the Pennsylvania Public Utility Commission is hereby created. The commission shall have the power to appoint as many qualified and competent administrative law judges as may be necessary for proceedings pursuant to this part, and who shall devote full time to their official duties and who shall perform no duties inconsistent with their duties and responsibilities as administrative law judges. Administrative law judges shall be afforded employment security as provided by the act of August 5, 1941 (P.L.752, No.286), known as the "Civil Service Act." Compensation for administrative law judges shall be established by the commission. If the commission is occasionally and temporarily understaffed of administrative law judges, the commission may appoint qualified and competent persons who meet the minimum standards established by this part to temporarily serve as such judges, who shall serve at the pleasure of the commission and shall receive such compensation as the commission may establish.

(b) Staff.--The commission may appoint secretaries and legal or technical advisors to assist each judge in performance of his duties or may assign personnel from any of the other bureaus within the commission.

(c) Qualifications.--All judges must meet the following minimum requirements:

(1) Be an attorney in good standing before the Supreme Court of Pennsylvania.

(2) Have three years of practice before administrative agencies or equivalent experience.

(3) Conform to such other requirements as shall be established by the commission.

(d) Chief administrative law judge.--The commission shall appoint a chief administrative law judge who shall be responsible for assigning a hearing judge to every proceeding before the commission which may require the utilization of an administrative law judge and who shall receive remuneration above that of any other administrative law judge. The position of chief administrative law judge may not be withdrawn from a person so appointed, nor his salary diminished, except for good cause shown. The chief administrative law judge shall have such other responsibilities as the commission may by rule prescribe.

Legislative History

(June 29, 1982, P.L.658, No.187, eff. imd.; Oct. 31, 1995, P.L.348, No.59, eff. 60 days) 1995 Amendment.Act 59 amended subsec. (d). 1982 Amendment.Act 187 amended subsec. (a).