Current through Register Vol. 54, No. 44, November 2, 2024
(a)
Request for hearing. A
person aggrieved by actions taken by the Bureau Directors, Commission staff
without a prior hearing or the actions of the Board of Judges or Board of
Stewards, may appeal the action to the Commission. The appeal and request for a
hearing must be made in writing to the respective Bureau Director and must be
filed in accordance with the provisions of §
179.3(a) (relating
to filings and appeals). A request for a hearing not properly filed shall be
denied.
(1) The written request shall be sworn
to before a notary public and shall set forth in numbered paragraphs a concise
statement of all the factual and legal grounds upon which the hearing is
requested.
(2) The hearing, if
granted, shall be limited to matters or issues expressly set forth in the
written appeal. All matters not expressly set forth in the initial appeal
request shall be deemed waived.
(b)
Timeliness. A request
for a hearing, to be considered timely, must actually be received in the
Commission's Administrative Office in Harrisburg and date-stamped within 10
days from the written or oral notice of the decision or ruling, license denial,
suspension or revocation in accordance with §
179.3. Any appeal not filed in
accordance with these provisions may be deemed incomplete, untimely or
improperly filed and shall be denied.
(c)
Appeal bond.
(1)
Purpose. The posting of
an appeal bond is designed to ensure that appellants engage in a thoughtful and
accurate assessment of the underlying merits of their matter prior to
requesting an administrative hearing before the Commission. The Commission
finds that many appellants file appeals simply to delay the imposition of the
ultimate penalty and, in many instances, withdraw their respective appeals at
the very last minute or fail to appear at a duly scheduled hearing after the
Commission has undertaken expenses associated with scheduling and conducting
the hearing.
(2)
Amount. In addition to all other requirements to timely and
properly appeal decisions, determinations and rulings by the Board of Judges or
Board of Stewards, Bureau Directors or Commission staff, all appellants must
submit an appeal bond in the amount of $750, in the form of a check or money
order, along with their written request for a hearing or stay, or both. The
amount of the appeal bond may be modified by the Commission and published in
the
Pennsylvania Bulletin.
(i) No appeal or request for a hearing shall
be considered without the submission of the applicable appeal bond.
(ii) The appeal or request for a hearing
shall be rescinded if the check upon which the appeal bond is written is
dishonored.
(iii) No cash may be
used as the appeal bond.
(3)
Forfeiture of bond. The
Bureau Directors or the Commission may withhold the appeal bond, either in
whole or in part, if:
(i) The Commission
expressly makes a finding and determination in its written adjudication that
the underlying appeal was frivolous or without any factual or legal
foundation.
(ii) Appellant fails
(without due cause shown) to appear at the duly scheduled hearing,
notwithstanding receipt of proper notice of the hearing.
(iii) Appellant withdraws or settles the
appeal 3 days prior to the scheduled hearing date.
(d)
Payment of
fines. An appeal or request for a hearing from an underlying action or
ruling shall not relieve the person of the requirement to pay the issued fine.
If the appeal is disposed of in favor of the appellant, the Commission shall
refund the amount of the fine.
(e)
Request for stay. The underlying action or ruling to deny a
license, suspend or revoke a license shall remain in full force and effect
pending the final determination on the hearing demanded unless a party has
requested and received a stay. Applications for a stay shall conform to the
standards set forth in §
§
175.6 and
177.6 (relating to contents of
petition for stay) of the Commission's regulations.
(1) If the underlying actions or
determinations were taken by the Bureau Director, the request for a stay shall
be ruled upon by the Commission or designee under the applicable standards for
granting the relief.
(2) If the
underlying actions were taken by Commission staff, the request for a stay shall
be ruled upon by the respective Bureau Director, who for good cause shown, may
grant a stay of the action or ruling until the final determination by the
Commission in accordance with the applicable standards for granting the relief
requested.
(3) The decision to
grant or refuse a request for a stay shall be based upon a balancing of the
pertinent facts sworn to by applicant and upon the sound discretion of the
specific Bureau Director to whom the application is
addressed.
This section cited in 7 Pa. Code §
175.5 (relating to date of filing
appeals); 7 Pa. Code §
175.6 (relating to contents of
petition for stay); 7 Pa. Code §
177.5 (relating to date of filing
appeals); 7 Pa. Code §
177.6 (relating to contents of
petition for stay); 7 Pa. Code §
179.3 (relating to filings and
appeals); 7 Pa. Code §
179.5 (relating to investigation
and special procedures); 7 Pa. Code §
179.8 (relating to Commission
original action with prior hearing); 7 Pa. Code §
179.41 (relating to review and
appeal); and 7 Pa. Code §
179.56 (relating to failure to
attend hearing).
