Current through Register Vol. 54, No. 40, October 5, 2024
Section 89.93 - Presentation by the parties(a)General rule. The respondent-attorney and staff counsel shall have the right of presentation of evidence, cross-examination, objection, motion and argument. The taking of evidence and subsequent proceedings shall proceed with all reasonable diligence and with the least practicable delay.(b)Objections. When objections to the admission or exclusion of evidence or other procedural objections are made, the grounds relied upon shall be stated briefly, if so requested by the hearing committee or special master, and may be stated briefly if no such request is made. Formal exceptions are unnecessary and shall not be taken to procedural rulings.(c)Exclusion of expert evidence. The hearing committee or special master may exclude the introduction of expert testimony or reports as to which a party has failed to comply with an order under 89.72(4) (relating to subjects which may considered at conferences to expedite hearings) or 89.74(a) (relating to authority of hearing committee member or special master at conferences).(d)Exclusion of factual evidence. Enforcement Rule 208(b)(4) provides that no evidence with respect to factual allegations of the complaint that have been deemed or expressly admitted may be presented at any hearing on the matter, absent good cause shown. See 89.54(d) (relating to effect of failure to answer).The provisions of this §89.93 amended November 14 and 17, 1989 and December 6 and 20, 1989, effective 4/14/1990, 20 Pa.B. 2009; amended August 18, 1995, effective immediately, 25 Pa.B. 3335; amended February 20, 2004, effective 2/21/2004, 34 Pa.B. 948; amended August 7, 2020, effective in 30 days, 50 Pa.B. 4014.