§ 5.34. Appeals.
(a) An applicant may ask the Bureau to reconsider its initial determination within 30 days after notification of the original determination by submitting a written request, together with a statement of reasons or additional information, to the Bureau. After a determination is made on the reconsideration request, notification is sent to the applicant of the outcome.
(b) An applicant aggrieved by a determination of the Bureau may appeal to the Adjutant General within 30 days after notification of the Bureau determination. Appeals shall be in writing and shall state the reasons for the appeal.
(c) The Adjutant General will adjudicate appeals as provided in 1 Pa. Code Part II (relating to general rules of administrative practice and procedure). When an appeal is docketed, the Adjutant General will appoint a presiding officer to hear the appeal and prepare and file a proposed report in the manner provided by 1 Pa. Code Part II. The Adjutant General will issue the final administrative adjudication of the Department on appeals.
(d) Subsection (b) supersedes 1 Pa. Code § 35.20 (relating to appeals from the actions of the staff).
Authority The provisions of this § 5.34 issued under section 506 of The Administrative Code of 1929 (71 P. S. § 186); and the Military Code, 51 Pa.C.S. § 7701.
Source The provisions of this § 5.34 adopted September 10, 1982, effective September 11, 1982, 12 Pa.B. 3090; amended August 23, 1991, effective August 24, 1991, 21 Pa.B. 3813. Immediately preceding text appears at serial page (110349).
Cross References This section cited in 43 Pa. Code § 5.33 (relating to review of applications).
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