4 Pa. Code § 265.3 - Level II hearings
(a) An
aggrieved party appealing a Level I review shall be entitled to a hearing at
Level II. This appeal shall be filed no later than 30 days following the Level
I review.
(b) Upon written request
of the aggrieved party, the Board of County Commissioners or its delegate shall
schedule a hearing no later than 30 days following receipt of such request.
Notice of hearing shall be sent by certified or registered mail to the
aggrieved party and the SCA. The provisions of this subsection supersede the
provisions of 1 Pa. Code §
35.211 (relating to procedure to
except to proposed report) and supplement the provisions of 1 Pa. Code §
35.121 (relating to initiation of
hearings).
(c) The hearing shall be
conducted by the Board of County Commissioners or the appropriate governing
body established in accordance with §
§
254.2 and
254.3 (relating to establishment of
a Single County Authority; and organization and structure of SCA's), or an
independent hearing examiner approved thereby. The provisions of this
subsection supplement the provisions of 1 Pa. Code §
35.185 (relating to designation of
presiding officers).
(d) All
parties shall be permitted to be represented by counsel, to present relevant
evidence, and to examine and to cross-examine witnesses.
(e) During the hearing, the following
provisions apply:
(1) The burden of proof
shall be on the appealing party.
(2) The provisions of 231 Pa. Code (relating
to rules of civil procedure). Evidentiary requirements shall be in conformity
with
2
Pa.C.S. §
505 and
1 Pa. Code §
§
35.137-35.139,
35.142, 35.145-35.152, 35.155,
35.161-35.169 and 35.173 (relating to evidence and witnesses).
(3) Stenographic notes shall be taken at
these proceedings. The provisions of this paragraph supplement the provisions
of 1 Pa. Code §
35.131 (relating to recording of
proceedings).
(4) All hearings
shall be open to the public under the act of July 19, 1974 (
P. L.
486 , No. 175) (65 P. S. §
§
261-269).
(f) Following the hearings, the County
Commissioners or the appropriate governing body shall render a written
adjudication which shall be issued to the aggrieved party and the SCA within 20
days following receipt of the transcript of the proceedings. Such decision
shall include findings of fact and conclusions based thereupon. The provisions
of this subsection supersede the provisions of 1 Pa. Code §
§
35.201 and
35.202 (relating to certification
of record without proposed report; and proceedings in which proposed reports
are prepared).
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.