Current through Register Vol. 54, No. 44, November 2, 2024
(a) The
Department will schedule all hearings. If a telephone hearing is scheduled, the
individual will be given the opportunity to request a face-to-face hearing,
which the Department will grant.
(b) The Department will send a hearing notice
to each individual at least 30 days before the hearing date. The Department
will send the notice by certified mail-return receipt requested-or by another
method as long as the Department or the Office of Inspector General obtains
proof of receipt. The notice will contain:
(1)
The date and time of the hearing. If scheduled as a face-to-face hearing, the
location shall be specified.
(2)
The charges against the individual.
(3) A summary of the evidence, and how and
where it can be examined.
(4) A
statement that, if the individual fails to be present for the telephone or
face-to-face hearing without good cause, the hearing decision will be based
solely on the testimony and exhibits provided by the Office of Inspector
General.
(5) A statement that, to
receive a new hearing, the individual or individual's representative has 10
days from the hearing date to present sufficient reasons to show good cause for
failing to be present for the telephone or face-to-face hearing.
(6) A statement that the Office of Inspector
General and the individual are each entitled to one postponement of the hearing
as described under §
275.23 (relating to postponement).
The individual's representative may request the postponement on behalf of the
individual. Subject to §
275.23(b), the
request shall be made at least 10 days before the scheduled hearing
date.
(7) A description of the
disqualification penalties and a statement of which penalty applies.
(8) A listing of the individual's rights as
contained under §
275.25 (relating to rights of the
individual at the hearing).
(9) A
statement that the hearing does not preclude the State or Federal government
from prosecuting the individual for an intentional program violation or from
collecting the overpaid benefits.
(10) A listing of persons or organizations
that provide free legal representation to an individual alleged to have
committed an intentional program violation.
(11) A copy of the hearing
procedures.
(12) An explanation
that the individual may waive an administrative disqualification hearing as
described under §
275.41 (relating to waiver of
administrative disqualification hearing).
(13) A statement of the individual's right to
remain silent concerning the charges and that anything said or signed by the
individual concerning the charges may be used against the individual in a court
of law.
This section cited in 55 Pa. Code §
275.41 (relating to waiver of
administrative disqualification
hearing).
