28 Pa. Code § 1113.2 - Administrative appeal procedures
(a)
Notification. The Division of WIC will provide to the store
written notice of the adverse action, the procedures to follow to appeal the
adverse action and the cause for and the effective date of the
action.
(b)
Form of
administrative appeal. The appeal shall be made by the store or its
authorized representative, in writing, stating the reasons for the
appeal.
(c)
Time for and
effect of filing an administrative appeal. The appeal shall be filed
with the Director of the Division of WIC within 30 days from the date the
notice of adverse action is mailed. The filing of an appeal shall serve to stay
the Department's adverse action pending issuance of an adjudication and order
by the hearing examiner under §
1113.3 (relating to adjudication
and order). The stay shall be lifted upon receipt of the hearing examiner's
adjudication and order affirming the adverse action, or upon receipt of the
store's written notice of withdrawal of the appeal.
(d)
Scheduling the hearing.
(1) The Director of the Division of WIC shall
forward the appeal to the office of the hearing examiner.
(2) The hearing examiner shall set a time,
date and place for the hearing.
(3)
The hearing examiner shall send notice to the store, or its authorized
representative, at least 10 days in advance of the date of the
hearing.
(4) The hearing examiner
shall schedule the hearing to be held within 21 days after the date of receipt
by the Division of WIC of the store appeal.
(5) The Division of WIC or the store may
request in writing that the hearing be rescheduled for another time or date and
the hearing examiner shall consider the request.
(e)
Hearing examiner. The
Secretary will appoint a hearing examiner to preside over the appeal. The
person shall be an impartial decision-maker, whose determination is based
solely on whether the Division of WIC has correctly applied Federal and State
statutes, regulations, policies and procedures governing the WIC Program,
according to the evidence presented at the hearing.
(f)
Hearing procedures.
(1) The store may be assisted or represented
by an attorney or other authorized representative.
(2) The store, or its authorized
representative, may examine, prior to and during the hearing, the documents and
records considered by the Division of WIC in reaching its decision under
appeal.
(3) The hearing shall be
open to the public.
(4) Each party
shall have the opportunity to present and cross-examine witnesses.
(5) Each party may present oral or
documentary evidence and arguments to support its position in narrative
form.
(6) Each party may object to
or attempt to refute any testimony or other evidence presented by the other
party.
(g)
Supersession. Subsection (d) supersedes 1 Pa. Code §
35.105 (relating to notice of
nonrulemaking procedures). Subsection (e) supersedes 1 Pa. Code §
35.185 (relating to designation of
presiding officers). Subsection (f) supplements 1 Pa. Code §
31.21 (relating to appearance in
person) and supersedes 1 Pa. Code §§
31.22 and
31.23 (relating to appearance by
attorney; and other representation prohibited at hearings).
Notes
The provisions of this § 1113.2 amended under section 2102(g) of The Administrative Code of 1929 (71 P. S. § 532(g)).
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