34 Pa. Code § 225.7 - Hearing
(a) The Secretary
will assign the request for a hearing to a hearing officer who will schedule a
de novo proceeding. The parties and the complainant will receive written notice
of the hearing date, time and place by first class mail at least 30 days prior
to the scheduled date of the hearing, unless another method of notification is
requested.
(b) The hearing will be
conducted in a manner to provide all parties the opportunity to be heard. The
hearing officer will not be bound by strict rules of evidence. Relevant
evidence of reasonably probative value may be received into evidence.
Reasonable examination and cross-examination of witnesses will be
permitted.
(c) The parties may be
represented by legal counsel, but legal representation at the hearing is not
required.
(d) Testimony will be
recorded and a full record kept of the proceeding.
(e) The parties will be provided the
opportunity to submit briefs addressing issues raised at the hearing.
(f) The Bureau and the health care facility
or employer will be the parties at the hearing.
(g) The Bureau will have the burden of
proving by a preponderance of the evidence that the health care facility
violated the act and that the proposed penalty is appropriate under the factors
in §
225.4(b)
(relating to administrative penalties).
(h) To the extent not covered by this
chapter, hearings will be governed by 1 Pa. Code Part II (relating to General
Rules of Administrative Practice and Procedure).
Notes
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