Pennsylvania Code
Title 28 - HEALTH AND SAFETY
Part VIII - Supplemental Nutrition Program for Women, Infants and Children (WIC Program)
Chapter 1111 - APPLICANT AND PARTICIPANT APPEALS
Section 1111.8 - Rights of the appellant
Universal Citation: 28 PA Code ยง 1111.8
Current through Register Vol. 54, No. 44, November 2, 2024
(a) When an appeal is filed, the local agency shall inform the applicant or participant denied benefits, or an authorized representative, of the rights set forth in subsection (b).
(b) An applicant or participant who files an appeal, or on whose behalf the appeal is filed, has the following rights:
(1) To appear in person
at the hearing.
(2) To represent
himself, or to be represented by an authorized representative such as an
attorney, friend or other person at the hearing.
(3) To receive an explanation that he may
contact the local bar association for assistance in locating legal
services.
(4) To present oral or
documentary evidence, witnesses and arguments to support the position of the
applicant or participant in accordance with procedures established by the
hearing examiner.
(5) To request a
subpoena from the hearing examiner for the production of evidence or witnesses
that the applicant, participant or authorized representative, determines are
important to establish necessary facts
(6) To request that the local agency provide
an interpreter at the hearing if an adult applicant or participant, or the
parent or guardian of an infant or child applicant or participant, does not
understand English or is hearing impaired.
(7) To examine upon request, both before and
during the hearing, the materials which the Department or local agency has on
file relative to the case which are not confidential.
(8) To be provided with the names of the
local agency staff members and witnesses who will be present at the
hearing.
(9) To question or refute
any testimony or other evidence presented against the applicant or participant
and to confront and cross-examine adverse witnesses.
(10) To examine, prior to and during the
hearing, documents and records that will be presented to support the decision
under appeal.
(11) To further
appeal the final decision of the hearing examiner to the Secretary within 15
days of the mailing date of the hearing examiner's decision.
(12) To appeal the adjudication and order of
the Secretary or agency head designated by the Secretary to the Commonwealth
Court within 30 days of the mailing date of the adjudication and
order.
(c) Supersession. Subsection (b)(1) supplements 1 Pa. Code §31.21 (relating to appearance in person). Subsection (b)(2) supersedes 1 Pa. Code §§31.22 and 31.23 (relating to appearance by attorney; and other representation prohibited at hearings). Subsection (b)(5) supplements 1 Pa. Code §35.142 (relating to subpoenas).
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