§ 39.6. Appeal from rejection of application, suspension or revocation of transient vendor certificate.
(a) If the Department rejects the application for renewal or suspends or revokes a certificate, the Department will provide written notice of its decision, mailed to the last known address of the transient vendor.
(b) The transient vendor may appeal the decision by filing a petition to show cause why a certificate should be issued or remain valid. The petition shall be filed with the Department within 30 days of the mailing date of the Department’s decision. Unless the parties mutually agree to waive the time requirements, the Department shall schedule a hearing, to be held not less than 15 days, nor more than 45 days after the filing of the petition, at a specific time and location to be set by the Department. The hearing shall be conducted in accordance with 2 Pa.C.S. § § 101—106 and 501—508 (relating to general provisions and practice and procedure of Commonwealth agencies). Transient vendors aggrieved by the final decision of the Department shall have the right to appeal under 2 Pa.C.S. § § 701—704 (relating to judicial review of Commonwealth agency action).
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