Subchapter B. REVIEW OF ADMINISTRATIVE DECISIONS
Sec.
951.21. Petitions for review
Source The provisions of this Subchapter B adopted August 3, 2007, effective August 4, 2007, 37 Pa.B. 4195, unless otherwise noted.
§ 951.21. Petitions for review.
(a) A claimant or a holder who is aggrieved by a decision issued by the Department may file a petition for review as set forth in subsection (c).
(b) The State Treasurer will designate a presiding officer to exercise the powers and duties of the State Treasurer with respect to matters concerning petitions for review.
(1) Except as otherwise provided herein, practice and procedure before the presiding officer will be governed by 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure) and 2 Pa.C.S.A. § § 101—106, 501—507 and 701—704 (relating to general provisions; practice and procedure of Commonwealth agencies; and judicial review of Commonwealth agency action).
(2) The presiding officer will issue a final decision and order, including findings of fact and conclusions of law.
(c) A petition for review shall be filed within 30 days after the mailing date of the Department’s decision.
(1) Petitions shall be filed with the Prothonotary, Office of Chief Counsel, Room 127, Finance Building, Harrisburg, Pennsylvania 17120.
(2) Petitions must be in writing, be signed by the petitioner and contain the following:
(i) The petitioner’s name, address and telephone number.
(ii) The name, address and telephone number of the authorized representative, if any.
(iii) A detailed statement in separate numbered paragraphs of the facts and grounds relied upon. If based upon a written document, a copy of the document, or the material part of the document, shall be attached.
(iv) A statement specifying the relief to which the petitioner deems itself entitled, which cites the legal authority relied upon.
(v) A statement that either a hearing is requested or the right to a hearing is waived and the petitioner is resting the case on the petition and record, with or without a brief.
(vi) A signed statement certifying that the facts contained in the petition are true and correct to the petitioner’s knowledge and belief, and that the petition is not made for purposes of delay.
(3) The presiding officer may, in writing, require a petitioner to furnish additional information that may be necessary to define the issues or to determine the case. The presiding officer may deny the petition for failure by the petitioner to furnish the additional information within a stated reasonable length of time.
Cross References This section cited in 61 Pa. Code § 951.31 (relating to proceeding to compel payment or delivery).
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