Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 6234 (September 28, 2024).

37 Pa. Code § 407.12. Reconsideration procedure.

§ 407.12. Reconsideration procedure.

 (a)  Reconsideration shall be requested by sending to the Executive Director a written request for Commission reconsideration, specifying the factual and legal grounds believed to establish the incorrectness of the disapproval. A request for reconsideration which fails to provide significant additional factual information or to address any legal issues or which merely restates the need for a project or the qualifications of the applicant or contractor shall be considered insufficient and may be denied in writing by the Executive Director. The request for Commission reconsideration shall be mailed or delivered to the Office of the Executive Director within 20 days after the date of the disapproval letter. This subsection supplements 1 Pa. Code §  31.5 (relating to communications and filings generally).

 (b)  Upon receipt of a timely and sufficient request for Commission reconsideration, the Executive Director will cause the matter to be placed on the agenda of a subsequent meeting of the Commission for disposition and will give written notice to the applicant of that action. The notice will specify the time and place of the Commission meeting at which the appeal shall be considered and will inform the applicant of its right to appear and be heard in support of its request for reconsideration.

 (c)  In the case of a request for reconsideration of an application concerning a juvenile justice or delinquency prevention program, where the Juvenile Advisory Committee has not previously reviewed the application, the Executive Director will, before having the matter placed on the Commission’s agenda, refer the same to the Juvenile Advisory Committee for its review and recommendation. The scope of the Juvenile Advisory Committee’s review shall be limited to the issues raised in the applicant’s request for reconsideration. The Juvenile Advisory Committee’s review will be completed within 30 days after submission of the matter to it.

 (d)  In the case of a request for reconsideration of an application concerning a courts program which had been denied funding or which received a conditional approval due, in whole or in part, to the recommendation of the Judicial Planning Committee or its Secretariat, the Executive Director will, before having the matter placed on the Commission’s agenda, refer the same to the Judicial Planning Committee for its review and recommendation. The scope of the Judicial Planning Committee’s review will be limited to the issues raised in the applicant’s request for reconsideration. The Judicial Planning Committee will be allowed 30 days to respond after submission of the matter to it.



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