§ 58.408. Hearing.
(a) Scope. The Secretary may delegate to a designee the responsibility to conduct a fact-finding hearing and to prepare a report and recommendation. Fact-finding hearings will be held only when the business requests a review of its denial or decertification under § 58.407 (relating to review of denial or decertification of small business, small diverse business or veteran business enterprise status).
(b) Purpose. The fact-finding hearing will be held to determine the operative facts forming the basis for the denial or decertification action as delineated in the notice of denial/decertification provided to the business. The hearing will also determine the sufficiency of the grounds for the review. The fact-finding hearing affords the business an additional opportunity to demonstrate that the facts upon which the denial or decertification are based are insufficient, incorrect or otherwise do not warrant denial or decertification. The business may present information and arguments in accordance with the grounds stated in the request for review indicating why it should not be denied or decertified. Other information may be used by the designee to make a recommendation to the Secretary of the Department.
(c) Conduct of the hearing. If a hearing is warranted, it will be conducted under 2 Pa.C.S. § § 501—508 and 701—704 (relating to Administrative Agency Law). If the Department is the moving party, it has the burden of proof.
Cross References This section cited in 4 Pa. Code § 58.407 (relating to review of denial or decertification of small business, small diverse business or veteran business enterprise status).
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