Pennsylvania Code
Title 6 - AGING
Part I - Department of Aging
Chapter 3 - FAIR HEARINGS AND APPEALS
Section 3.8 - Scheduling formal hearings
Universal Citation: 6 PA Code ยง 3.8
Current through Register Vol. 54, No. 44, November 2, 2024
(a) General provisions.
(1) The
hearing examiner shall notify the complainant and respondent of the date, time
and location of the hearing at least 10 days prior to the selected
date.
(2) The prehearing conference
may be held at the discretion of the hearing examiner.
(3) The hearing examiner shall complete the
hearing within 45 days of his receipt of the assignment at the time of his
appointment by the Secretary.
(b) Continuances.
(1) Hearings shall commence on the first day
scheduled and continuances may not be granted by the hearing examiner except
for good cause shown. A hearing examiner may only grant a second continuance in
extraordinary circumstances.
(2)
Requests for a continuance shall be in writing and delivered to the hearing
examiner and all parties or their representatives.
(3) The party requesting the continuance
shall first consult the opposing party to seek agreement to the request. The
written request should then state whether the request is unopposed.
(4) Objections to requests for a continuance
shall be in writing and delivered to the hearing examiner and parties or their
representatives. Objections shall be made immediately upon receipt of
notification of a request for a continuance.
(c) Failure to appear at hearing.
(1) If the complainant or
complainant's representative fails to appear at the scheduled hearing without
good cause, as determined by the hearing examiner, the complaint shall be
deemed abandoned and shall be dismissed with prejudice.
(2) If the respondent fails to appear at the
hearing without good cause as determined by the hearing examiner, the hearing
shall proceed in absentia.
(3) If
another party or the party's representative fails to appear at the hearing
without good cause as determined by the hearing examiner, the hearing examiner
shall dismiss the matter with prejudice as to that party.
This section cited in 6 Pa. Code § 11.292 (relating to written request for appeal).
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