HEARING REQUIREMENTS
§ 275.21. Scheduling of the hearing.
(a) The Department will schedule all hearings. If a telephone hearing is scheduled, the individual will be given the opportunity to request a face-to-face hearing, which the Department will grant.
(b) The Department will send a hearing notice to each individual at least 30 days before the hearing date. The Department will send the notice by certified mail—return receipt requested—or by another method as long as the Department or the Office of Inspector General obtains proof of receipt. The notice will contain:
(1) The date and time of the hearing. If scheduled as a face-to-face hearing, the location shall be specified.
(2) The charges against the individual.
(3) A summary of the evidence, and how and where it can be examined.
(4) A statement that, if the individual fails to be present for the telephone or face-to-face hearing without good cause, the hearing decision will be based solely on the testimony and exhibits provided by the Office of Inspector General.
(5) A statement that, to receive a new hearing, the individual or individual’s representative has 10 days from the hearing date to present sufficient reasons to show good cause for failing to be present for the telephone or face-to-face hearing.
(6) A statement that the Office of Inspector General and the individual are each entitled to one postponement of the hearing as described under § 275.23 (relating to postponement). The individual’s representative may request the postponement on behalf of the individual. Subject to § 275.23(b), the request shall be made at least 10 days before the scheduled hearing date.
(7) A description of the disqualification penalties and a statement of which penalty applies.
(8) A listing of the individual’s rights as contained under § 275.25 (relating to rights of the individual at the hearing).
(9) A statement that the hearing does not preclude the State or Federal government from prosecuting the individual for an intentional program violation or from collecting the overpaid benefits.
(10) A listing of persons or organizations that provide free legal representation to an individual alleged to have committed an intentional program violation.
(11) A copy of the hearing procedures.
(12) An explanation that the individual may waive an administrative disqualification hearing as described under § 275.41 (relating to waiver of administrative disqualification hearing).
(13) A statement of the individual’s right to remain silent concerning the charges and that anything said or signed by the individual concerning the charges may be used against the individual in a court of law.
Cross References This section cited in 55 Pa. Code § 275.41 (relating to waiver of administrative disqualification hearing).
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