34 Pa. Code § 121.34 - Objections to assessments
(a) A party
receiving a notice of assessment amount to be collected from the Bureau may,
within 15 days of receipt, object to the assessment reflected in the notice on
the basis that it is excessive, erroneous, unlawful or invalid. Insured
employers retain all rights provided under section 717 of the act
(77
P. S. §
1035.17).
(b) Objections must be set forth in numbered
paragraphs, specifically state the facts necessary to determine the validity of
the challenged assessment or assessment amount and be accompanied by a
supporting memorandum documenting the legal grounds for the
objections.
(c) An objection to
assessment or assessment amount shall be accompanied by a proof of service as
specified in 1 Pa. Code §33.35 (relating to proof of service) and a notice
of appearance as specified in 1 Pa. Code §
31.24 (relating to notice of
appearance), and be served on all interested parties as specified in 1 Pa. Code
§33.32 (relating to service by a participant).
(d) An objection not conforming to this
section or the act will be rejected by the Bureau. The Bureau will notify the
objecting party of the specific reasons for the rejection. The objecting party
shall have 30 days to cure any deficiency.
(e) Upon receipt of an objection which
conforms to this section and the act, the Department will hold a hearing in
accordance with 1 Pa. Code Part II (relating to General Rules of Administrative
Practice and Procedure). After the hearing, the Department will record its
findings on any objections and will transmit to the objector, by registered or
certified mail, notice of the amount, if any, charged against it in accordance
with the findings. The amount shall be paid by the objector within 10 days
after receipt of the findings. After payment has been made, the objector may
initiate an action in the appropriate court to recover the payment of the
assessment or any portion thereof. An insurer may not maintain an action to
recover payment unless it has previously objected under subsection
(a).
Notes
The provisions of this § 121.34 issued under section 2218 of The Administrative Code of 1929 (71 P. S. § 578).
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