Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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22 Pa. Code § 73.186. Notice of violation.

§ 73.186. Notice of violation.

 (a)  When the review and recommendation panel directs staff to initiate enforcement proceedings against a school or admissions representative, staff shall prepare and send an appropriate notice of violation. The notice of violation will state that the school may be in violation of the act or this chapter, the nature of the violation, the basis for the panels’ conclusions and that the school or admissions representative may be subject to penalties in this chapter and a penalty for default. The violation shall be cured within the period specified in the notice or within 14-calendar days from the mailing date of the notice when a period is not specified.

 (b)  The notice will be served upon the school by United States Postal Service certified mail, return receipt requested and is effective from the date of the notice.

 (c)  Within the cure period, the school or admissions representative shall provide to the Board staff a sworn or verified written statement stating that the violation has been cured or did not exist and the facts which establish the same. Upon receipt of the statement, staff will refer it to the review and recommendation panel. At the direction of the panel, Board staff will either notify the school in writing that the statement is accepted and that the complaint is closed or that the statement is rejected and that the school should show cause why enforcement action should not be taken. In the latter case, the school or admissions representative has 14-calendar days from the mailing date of the notification to request a hearing. The request shall be in writing and addressed to the Coordinating Secretary of the Board.

Source

   The provisions of this §  73.186 amended September 6, 1996, effective September 7, 1996, 26 Pa.B. 4334. Immediately preceding text appears at serial page (133116).

Cross References

   This section cited in 22 Pa. Code §  73.183 (relating to violations by licensees); and 22 Pa. Code §  73.184 (relating to reporting of potential violation).



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