58 Pa. Code § 511a.6. Demand for hearing on the placement of a person on the exclusion list.

§ 511a.6. Demand for hearing on the placement of a person on the exclusion list.

(a)  Upon the filing of a petition for exclusion, the Office of Enforcement Counsel will serve the petition upon the person by personal service or certified mail at the last known address of the person. The notice must inform the person of the right to a hearing under 4 Pa.C.S. §  1514(g) (relating to regulation requiring exclusion or ejection of certain persons) and include a copy of the petition.
(b)  Upon service of the petition, the person subject to the petition shall have 30 days to demand a hearing before the Board or presiding officer. Failure to demand a hearing within 30 days after service will be deemed an admission of all matters and facts alleged in the Office of Enforcement Counsel’s petition for exclusion and preclude the person from having an administrative hearing.
(c)  If a formal hearing is demanded by the person named in the petition for exclusion, a hearing will be scheduled as provided in §  491a.8 (relating to hearings generally). At the hearing, the Office of Enforcement Counsel will have the affirmative obligation to demonstrate that the person named in the petition for exclusion satisfies the criteria for exclusion in 4 Pa.C.S. §  1514 or §  511a.3 (relating to criteria for exclusion or ejection). Unless the matter is heard directly by the Board, the presiding officer will prepare a report and recommendation as provided in §  494a.4 (relating to report or report and recommendation of the presiding officer) for consideration by the Board.

Authority

   The provisions of this §  511a.6 amended under 4 Pa.C.S. § §  1202(b)(30), 1205 and 1207(2) and (9).

Source

   The provisions of this §  511a.6 amended July 10, 2009, effective July 11, 2009, 39 Pa.B. 3446; amended February 1, 2013, effective February 2, 2013, 43 Pa.B. 660. Immediately preceding text appears at serial page (344577).

Cross References

   This section cited in 58 Pa. Code §  511a.4 (relating to duties of the Bureau and the Office of Enforcement Counsel).

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