Pennsylvania Code
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COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 5598 (August 31, 2024).

55 Pa. Code § 2430.201. Generally.

FAIR HEARING PROCEDURE


§ 2430.201. Generally.

 (a)  The Department will provide a fair hearing procedure in accordance with 1 Pa. Code Chapter 35 (relating to formal proceedings) for participants in all programs administered by the Department. The fair hearing procedure is in conformity with applicable Federal and State regulations and, as such, provides the opportunity for a full evidentiary hearing for participants of the Business Enterprise Program (BEP).

 (b)  The fair hearing procedure is basically a method of quasijudicial public review of an unsatisfied complaint from a participant in the program. The review is conducted by an impartial, competent individual with appropriate witnesses being heard and pertinent evidence reviewed prior to rendering a decision. The decision may either be appealed to Commonwealth Court or to the Secretary of the U.S. Department of Education.

Cross References

   This section cited in 55 Pa. Code §  2430.32 (relating to qualified vendor certificate); 55 Pa. Code §  2430.191 (relating to generally); and 55 Pa. Code §  2430.195 (relating to administrative review report).


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