HB 1295 — An Act amending Title 63 (Professions and Occupations (State Licensed)) of the Pennsylvania Consolidated Statutes, in powers and duties, further providing for hearing examiners.

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14691597 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

1295 2023 INTRODUCED BY MULLINS, HILL-EVANS, KINSEY, MADDEN, SANCHEZ, CEPEDA-FREYTIZCEPEDA-FREYTIZ, NEILSON, CERRATO AND NEILSON,GUZMAN, JUNE 1, 2023 AS REPORTEDAMENDED FROM COMMITTEE ON PROFESSIONALSECOND LICENSURE,CONSIDERATION, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 7,14, 2023 AN ACT Ameof the Pennsylvania Consolidated Statutes, in powers andsed)) duties, further providing for hearing examiners.

(2) A respondent shallmay MAY appear in person or remotely <-- via the use of communication technology for a hearing before a hearing examiner, licensing board or commission.

<--If (3)the Arespondent complainantfails andto anyappear individual,in entityperson or aremotely representativeand ofthe anhearing entityexaminer, board or commission finds that isthe namedrespondent inwas agiven complaintproper fornotice aof disciplinarythe matterdate, pendingtime, beforelocation of the hearing and the allegations against the respondent, a hearing examiner,may licensingbe boardheld orin commissionabsentia shalland havea annegative opportunityinference tomay providebe testimonydrawn relatedby tothe hearing examiner, board or commission that the complaintallegations atagainst athe hearing.respondent are true.

COMMISSION.Multiple continuances may only be granted for good cause.

IF(3) THEA RESPONDENTperson FAILSwho TOhas APPEARsuffered INan PERSONadverse OReffect <--stemming REMOTELYfrom ANDthe THEconduct HEARINGalleged EXAMINER,in BOARDthe OROrder COMMISSIONto FINDSShow THATCause THEor RESPONDENTother WASDepartment GIVENof PROPERState NOTICEcharging OFdocument THEmay, DATE,before TIME,or LOCATIONat OFthe THEhearing, HEARINGsubmit ANDa THEwritten ALLEGATIONSimpact AGAINSTstatement THEthat RESPONDENT,may Abe HEARINGconsidered MAYby BEthe HELDhearing INexaminer, ABSENTIAboard ANDor Acommission NEGATIVEsolely INFERENCEfor MAYpurposes BEof DRAWNdetermining BYa THEsanction HEARINGimposed EXAMINER,on BOARDthe ORrespondent. 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.

20230HB1295PN1469 - 2 - "Communication technology." An electronic device or process that:

A REMOTELYremotely LOCATEDlocated INDIVIDUALindividual MAYmay <-- COMMUNICATE20230HB1295PN1597 ONLY- BY2 SOUND- BYcommunicate DEMONSTRATINGonly GOODby CAUSEsound ANDby BYdemonstrating THEgood AGREEMENTcause OFand THEby PARTIESthe UNDERagreement SUBSECTIONof (B).the parties under subsection (b).

(2) MakesIF reasonableAGREED accommodationsTO forBY anTHE individualPARTIES withTO aTHE vision,HEARING hearingAND, orIF speech<-- impairmentAS DETERMINED BY THE HEARING EXAMINER, GOOD CAUSE IS SHOWN THAT THE INDIVIDUAL CANNOT MEET THE TERMS OF PARAGRAPH (1), ALLOWS A HEARING EXAMINER AND A REMOTELY LOCATED INDIVIDUAL TO COMMUNICATE WITH EACH OTHER DISABILITY.SIMULTANEOUSLY BY SOUND ONLY.

(2) (3) Makes reasonable accommodations for an <-- Sectionindividual 2.with a vision, hearing or other disability.

Section 2.

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