What Happens at a Board Hearing
Your Right to Be Heard
When a licensee answers an Order to Show Cause and the matter is not resolved by agreement, the charges are decided at a formal hearing. Under Pennsylvania’s Administrative Agency Law, no adjudication is valid until the licensee has had reasonable notice of a hearing and an opportunity to be heard.
A licensing board hearing is a formal evidentiary proceeding. In general:
- Notice of the hearing date is sent to the licensee or counsel
- The prosecuting attorney presents the Commonwealth’s case
- The Commonwealth bears the burden of proving the charges
- Witnesses testify under oath
- Each side may examine and cross-examine witnesses
- Documents and other exhibits are offered into evidence
- Testimony is stenographically recorded
Who Presides
Under the General Rules of Administrative Practice and Procedure, a hearing may be presided over by the board itself, by one or more of its members, or by a hearing examiner. The presiding officer administers oaths, issues subpoenas, rules on offers of proof and the admission of evidence, and regulates the course of the hearing.
When a hearing examiner presides, the examiner usually prepares a proposed report after the record closes, and the board then issues the final decision.
Evidence at the Hearing
The board is not bound by the technical rules of evidence, and all relevant evidence of reasonably probative value may be received. Reasonable examination and cross-examination is permitted.
Witnesses
Witnesses for each side testify under oath and may be cross-examined. Subpoenas may be issued to compel attendance or the production of documents.
Exhibits
Records, reports, correspondence and other documents may be offered as exhibits. Because the record closes at the end of the hearing, the evidence a licensee intends to rely on should be gathered beforehand.
Context and Mitigation
Evidence about the circumstances of the conduct, what has changed since, and the licensee’s history in practice may bear on whether discipline is imposed and how much.
After the Hearing
The hearing is not the last step. What follows determines the final result and preserves the right to appeal.
Briefs and Argument
The parties may be permitted to submit written briefs, and oral argument may be heard, before a decision is made.
Proposed Report and Exceptions
Under the General Rules, exceptions to a proposed report are due within 30 days after service unless a different period applies. Objections not raised in exceptions may be waived.
Final Order and Appeal
The board’s adjudication must be in writing, contain findings and the reasons for the decision, and be served on the parties. A final order may be reviewed by the Commonwealth Court upon a petition for review filed within 30 days after entry of the order.
Questions Licensees Ask
Is a board hearing like a trial?
It is similar in structure. Witnesses testify under oath, exhibits are offered, each side may cross-examine, and the testimony is stenographically recorded. The board is not bound by the technical rules of evidence, so evidence of reasonably probative value may be received even if a court would exclude it.
Who decides my case?
The hearing may be conducted by the board itself, by one or more board members, or by a hearing examiner. The presiding officer administers oaths, issues subpoenas, rules on evidence and controls the course of the hearing.
Can the case still be settled before the hearing?
Yes. A matter may be resolved by consent agreement at any stage, but a consent agreement has no effect unless and until the board approves it.
What if I disagree with the proposed report?
Under the General Rules of Administrative Practice and Procedure, exceptions to a proposed report are due within 30 days after service unless a different period applies, and a party that does not file exceptions may waive its objections. Some boards follow their own procedures, so the deadline stated in the proposed report or its cover letter should be calendared the day it arrives.
How do I appeal the board's final order?
A final order may be reviewed by the Commonwealth Court upon a petition for review, which must be filed within 30 days after entry of the order.
Is the hearing recorded?
Yes. Testimony at the hearing is stenographically recorded and a full record of the proceeding is kept, and that record is what the board and any reviewing court will rely on.
Meet Your Attorney
Steven A. Mimm, Esq.
Founder, Mimm Law, LLC. Admitted in Pennsylvania (2008) and New Jersey (2022).
From 2014 to 2022, Attorney Steven A. Mimm served as a prosecuting attorney bringing disciplinary actions on behalf of the Bureau of Professional and Occupational Affairs before Pennsylvania's licensing boards. That experience informs how the firm evaluates evidence, negotiates with the Commonwealth and prepares cases for hearing. Where a licensee also faces criminal charges, the firm handles the licensing matter and coordinates with the licensee's criminal defense counsel.
Related: Licensing and FAQs · All Licensing Boards
Related situations: Answering an Order to Show Cause · Got a Letter From the Board? · Meeting a Board Investigator · Consent Agreements · Getting a License Back · CE Audits · PHMP Monitoring · Reporting a Conviction · Applying With a Record · DUI and Your License
Last reviewed October 2026. The information on this page is general in nature and is not legal advice. Contacting the firm does not create an attorney-client relationship.