§ 411.33. Final decision after hearing.
(a) The hearing officer will issue a report and recommendation which will be delivered to a designated Commission official acting on behalf of OVS who has no previous involvement in the claim.
(b) The designated Commission official will review the report and recommendation, the hearing transcript and the documentary exhibits. The designated Commission official may not have access to information not in the hearing record.
(c) The designated Commission official may not be advised in the hearing process by an attorney or any OVS staff member who has previous involvement with any aspect of the claim that is being heard. The designated Commission official may request the General Counsel of the Commonwealth to appoint an attorney who has no prior involvement to provide advice on the matter.
(d) Upon completing the review of the hearing officer’s report and recommendation, the designated Commission official will do one of the following on behalf of OVS:
(1) Adopt the hearing officer’s report and recommendation as written as a final decision.
(2) Modify the report and recommendation and issue the modified document as the final decision.
(3) Reject the report and recommendation in its entirety and prepare and issue a final decision for OVS.
(e) The designated Commission official will distribute the final decision to the claimant, the claimant’s attorney, the victim’s advocate and to OVS.
(f) The claimant shall have the right of further appeal as set forth in the act or other applicable law.
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