12 Pa. Code § 145.112 - Procedures for formal appeal proceedings
(a) A person aggrieved by a decision of the
Department or of a third-party agency or of a local enforcement agency taken in
connection with the administration of the act or the provisions of this chapter
may initiate a formal appeal to the Department by filing a formal complaint
with the Department within 45 days following the date of the decision from
which the appeal is taken. To initiate a formal appeal proceeding, the formal
complaint shall contain the following:
(1)
The name and address of the appealing person.
(2) The names and addresses, if available, of
other persons likely to be involved.
(3) A summary of the decision from which the
appeal is taken, including a copy of the decision if it was in writing and is
available to the appealing person.
(4) The grounds of disagreement with the
decision from which the appeal is taken.
(5) A statement that the appealing person
desires a hearing.
(6) The
signature of the appealing person or, if a corporation, of an officer of the
appealing person.
(7) The
additional supporting documentation as the appealing person may consider
useful.
(b) Promptly
following receipt of a formal complaint, the Department will establish a time
and place for a hearing to consider the questions raised in the formal
complaint. To the maximum possible extent, the hearing should be held not later
than 60 days following receipt of the formal complaint. The Department will
send a written notice of the hearing by hand or by registered mail, return
receipt requested, to the appealing person and to other persons indicated in
the formal complaint as likely to be involved and to other persons that the
Department believes would have an interest in the decision. If the formal
complaint raises questions of general applicability, the Department may send
written notice of the hearing, but not by registered mail, to all third-party
agencies and all manufacturers with approved building system
documentation.
(c) An interested
person may intervene in the formal appeal proceeding by filing with the
Department a written notice of intervention which shall include the name and
address of the intervening person and the reason why the person desires to
intervene.
(d) The presiding
officer of the hearing shall be the Chief, Division of Manufactured Housing of
the Department, or other official of the Department as may be designated by the
Secretary of the Department. The appealing person, the Department and any
intervening person shall have an opportunity to present witnesses and
documentary evidence, to cross-examine witnesses presented by others, and to
present its reasons in favor of or against the decision from which the appeal
is being taken. Technical rules of evidence are not applicable, and relevant
evidence of reasonable probative value may be received. The hearing shall be
stenographically recorded.
(e)
Promptly following the conclusion of the hearing, the presiding officer shall
report his findings to the Secretary of the Department. The Secretary of the
Department will render his decision within 60 days following the conclusion of
the hearing. The decision will be made in writing, stating the reasons
therefor. The Department will send copies of the decision by mail to the
appealing person and to each person intervening in the proceedings. If the
appealing person is a manufacturer, the Department will furnish copies of its
decision to third-party agencies with implementing contracts with the
manufacturer. If the appealing person is a third-party agency, the Department
will furnish copies of its decision to manufacturers with implementing
contracts with the third-party agency. If the decision is of general
applicability, the Department will furnish copies to third-party agencies and
manufacturers with approved building system documentation no later than at the
time of the next report of the Department required under §
145.92 (relating to reports by the
Department).
(f) The appealing
person shall pay the costs of preparing the stenographic record and of its
transcription, if a transcription is required.
(g) In the event of a conflict between a
provision of this section and another provision of these regulations relating
to notices, timing or another aspect of the formal appeal proceedings, the
other provision shall prevail.
Notes
This section cited in 12 Pa. Code § 145.66 (relating to emergency suspension); 12 Pa. Code § 145.67 (relating to revocation of certification); 12 Pa. Code § 145.79 (relating to suspension and revocation of third-party agencies); 12 Pa. Code § 145.92 (relating to reports by the Department); and 12 Pa. Code § 145.111 (relating to informal appeals).
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