Subchapter G. NOTICE AND HEARINGS
Sec.
203.101. Scope.
203.102. Notice.
203.103. Hearing procedures.
Cross References This subchapter cited in 37 Pa. Code § 203.14 (relating to revocation of certification); 37 Pa. Code § 203.32 (relating to initial school certification procedure); 37 Pa. Code § 203.36 (relating to revocation of school certification); 37 Pa. Code § 203.52 (relating to mandatory in-service training courses); 37 Pa. Code § 203.54 (relating to Commission cheating policy); 37 Pa. Code § 203.73 (relating to revocation of instructor certification); and 37 Pa. Code § 203.82 (relating to mandatory in-service training); 37 Pa. Code § 221.25 (relating to challenge to issue of identification card); and 37 Pa. Code § 261.6 (relating to duties of Commission).
§ 203.101. Scope.
Under 1 Pa. Code § 31.1 (relating to scope of part), 1 Pa. Code Part II (relating to general rules of administrative practice and procedure) is applicable to the proceedings of the Commission unless it is inconsistent with this subchapter.
Cross References This section cited in 37 Pa. Code § 221.35 (relating to challenge to issuance of qualification card).
§ 203.102. Notice.
(a) The Commission will forward in writing by certified mail, return receipt requested, the individual or school adversely affected by an action of the Commission, a notice specifying the reasons for the Commission action.
(b) An individual or school given notice of an adverse action by Commission staff may file a written request for a hearing within 15 days after receipt of the notice. The date of receipt of the request by the Commission and not the date of deposit in the mails is determinative of a timely request for a hearing.
Authority The provisions of this § 203.102 amended under 53 Pa.C.S. § 2164(1), (8) and (14).
Source The provisions of this § 203.102 amended September 22, 2006, effective September 23, 2006, 36 Pa.B. 5871. Immediately preceding text appears at serial page (284329).
Cross References This section cited in 37 Pa. Code § 221.35 (relating to challenge to issuance of qualification card).
§ 203.103. Hearing procedures.
(a) The Commission will schedule a hearing and send notice of the hearing to all parties to the proceedings. Unless another location is designated by the Commission, the Commission will hold hearings at its offices in Hershey, Pennsylvania.
(b) A hearing examiner will be appointed by a majority vote of the Commission to preside at the hearing.
(c) The Commission will review the hearing examiner’s recommendation, findings of fact and conclusions of law, and by a majority vote issue a final order. The Commission will specify in writing and forward to all relevant parties by certified mail, return receipt requested, the final order of the Commission.
(d) Subsections (b) and (c) supplement 1 Pa. Code § § 35.185—35.190 (relating to presiding officers) and 1 Pa. Code § 35.226 (relating to final orders).
(e) A proposed report will not be deemed a final order if a brief on exceptions is not filed. This subchapter supersedes 1 Pa. Code § 35.213 (relating to effect of failure to except to proposed report) and any references thereto.
Cross References This section cited in 37 Pa. Code § 221.35 (relating to challenge to issuance of qualification card).
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