§ 121.27. Orders to show cause.
(a) The Department may serve an order to show cause on a respondent for an alleged violation of the act or regulations contained in this part. The order to show cause will contain the particulars of the alleged violation and the procedures for filing an answer under subsection (b).
(b) A written answer to the order to show cause may be filed no later than 20 days after the date that the order to show cause is served on the respondent. The answer must admit or deny the allegations in the order to show cause and state respondent’s defense. General denials that are unsupported by specific facts will not comply with this section and may be deemed a basis for entry of a final order because the respondent has raised no issues requiring further proceedings. The facts in the order to show cause may be deemed admitted if a respondent fails to file a timely answer under this subsection.
(c) The Director of Adjudication will assign the order to show cause to a presiding officer who will schedule a hearing. The presiding officer will provide notice to the parties of the hearing date, time and place.
(d) The hearing will be conducted under this section and 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure) to the extent not specifically superseded in subsection (h). The presiding officer will not be bound by strict rules of evidence.
(e) Hearings will be stenographically recorded and the transcript of the proceedings will be part of the record.
(f) If the respondent fails to appear in person or by counsel at the scheduled hearing without adequate excuse, the presiding officer will decide the matter on the basis of the order to show cause and evidence presented.
(g) The Department has the burden to demonstrate, upon a preponderance of the evidence, that the respondent failed to comply with the act or regulations in this part.
(h) This section supersedes 1 Pa. Code § § 35.14, 35.37, 35.131, 35.201 and 35.221.
Source The provisions of this § 121.27 adopted April 25, 1975, 5 Pa.B. 979; amended July 3, 1980, effective July 5, 1980, 10 Pa.B. 2878; amended August 3, 2007, effective August 4, 2007, 37 Pa.B. 4181. Immediately preceding text appears at serial pages (255604) to (255606) and (259559).
Notes of Decisions Exclusiveness
The procedures provided for in this 34 Pa. Code § 121.27(c) and (d) (relating to pre-petition terminations; violations of section 413(b) of the Workers’ Compensation Act) are the exclusive procedures to be followed in dealing with an alleged violation of Section 413(b) of the Workmen’s Compensation Act. Commonwealth v. Workmen’s Compensation Appeal Board (Moskal), 392 A.2d 906 (Pa. Cmwlth. 1978).
Timeliness
The Department of Labor and Industry is bound by the time requirements of 34 Pa. Code § 121.27 (relating to pre-petition terminations; violations of section 413(b) of the Workers’ Compensation Act) when it undertakes proceedings against an employer for alleged noncompliance with section 413 of the Workers’ Compensation Act. Commonwealth v. Workmen’s Compensation Appeal Board (Moskal), 392 A.2d 906 (Pa. Cmwlth. 1978).
Cross References This section cited in 34 Pa. Code § 125.19 (relating to additional powers of Bureau and orders to show cause).
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