§ 265.3. Level II hearings.
(a) An aggrieved party appealing a Level I review shall be entitled to a hearing at Level II. This appeal shall be filed no later than 30 days following the Level I review.
(b) Upon written request of the aggrieved party, the Board of County Commissioners or its delegate shall schedule a hearing no later than 30 days following receipt of such request. Notice of hearing shall be sent by certified or registered mail to the aggrieved party and the SCA. The provisions of this subsection supersede the provisions of 1 Pa. Code § 35.211 (relating to procedure to except to proposed report) and supplement the provisions of 1 Pa. Code § 35.121 (relating to initiation of hearings).
(c) The hearing shall be conducted by the Board of County Commissioners or the appropriate governing body established in accordance with § § 254.2 and 254.3 (relating to establishment of a Single County Authority; and organization and structure of SCA’s), or an independent hearing examiner approved thereby. The provisions of this subsection supplement the provisions of 1 Pa. Code § 35.185 (relating to designation of presiding officers).
(d) All parties shall be permitted to be represented by counsel, to present relevant evidence, and to examine and to cross-examine witnesses.
(e) During the hearing, the following provisions apply:
(1) The burden of proof shall be on the appealing party.
(2) The provisions of 231 Pa. Code (relating to rules of civil procedure). Evidentiary requirements shall be in conformity with 2 Pa.C.S. § 505 and 1 Pa. Code § § 35.137—35.139, 35.142, 35.145—35.152, 35.155, 35.161—35.169 and 35.173 (relating to evidence and witnesses).
(3) Stenographic notes shall be taken at these proceedings. The provisions of this paragraph supplement the provisions of 1 Pa. Code § 35.131 (relating to recording of proceedings).
(4) All hearings shall be open to the public under the act of July 19, 1974 (P. L. 486, No. 175) (65 P. S. § § 261-269).
(f) Following the hearings, the County Commissioners or the appropriate governing body shall render a written adjudication which shall be issued to the aggrieved party and the SCA within 20 days following receipt of the transcript of the proceedings. Such decision shall include findings of fact and conclusions based thereupon. The provisions of this subsection supersede the provisions of 1 Pa. Code § § 35.201 and 35.202 (relating to certification of record without proposed report; and proceedings in which proposed reports are prepared).
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