§ 491.9. Order to show cause.
(a) Initial request. When the Department files a written request for an order to show cause, that request shall be accompanied by a copy of the proposed order to show cause for the signature of the Department hearing officer.
(b) Notification to respondent. Upon the issuance of an order to show cause by the Department hearing officer, the docket clerk will forward a copy of the order to the respondent, directing the respondent to show cause why the subject action should not be taken by the Department.
(c) Content of request for an order to show cause. The request for an order to show cause shall set forth the grounds for the action to be taken and shall state the particulars concerning all matters relevant for framing the issues for consideration.
(d) Answer. The order to show cause shall include a notice to the respondent to answer, in writing, within 30 days of the date the notice was mailed. A respondent who fails to file an answer within 30 days of the mailing date of the notice shall be deemed to have waived objection to the Department’s proposed action.
(e) Notification to parties. Upon timely filing of an answer to an order to show cause, the docket clerk will notify all parties of referral of the matter to the Department hearing officer for the scheduling of a hearing.
(1) Timely filing of an answer to the order to show cause will not operate as an automatic stay or supersedeas of action taken by the Department prior or subsequent to the receipt of the order to show cause.
(2) Persons initiating a formal request for stay or supersedeas shall direct their applications to the Department hearing officer.
(f) Scheduling of hearing. The Department hearing officer will schedule a hearing and will direct the docket clerk to issue notice to all parties of the time and place of the hearing.
(g) Department hearing officer. The Department hearing officer will preside at the hearing or scheduled prehearing conference and will rule on questions regarding the admissibility of evidence or other matters relating to the conduct of the hearing.
(h) Waiver. Upon the failure of the respondent to file a timely answer to the order to show cause, the Department hearing officer may direct the docket clerk to send to all parties a notice that objections to the order to show cause are deemed irrevocably waived and the proposed action of the Department is deemed approved.
(i) Supplementation. This section supplements 1 Pa. Code § 35.14 (relating to orders to show cause).
Authority The provisions of this § 491.9 issued under the Administrative Agency Law, 2 Pa.C.S. § § 501—508 and 701—704.
Source The provisions of this § 491.9 adopted December 20, 1991, effective December 21, 1991, 21 Pa.B. 5825; amended July 27, 2001, effective July 28, 2001, 31 Pa.B. 4089. Immediately preceding text appears at serial pages (219676) to (219677).
Cross References This section cited in 67 Pa. Code § 491.4 (relating to institution of proceedings).
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