34 Pa. Code § 31.52 - Administration-general

(a) Except as set forth in this section, all proceedings of the Department will be governed by 2 Pa.C.S. §§ 501-508 and 701-704 and 751-754 and 1 Pa. Code Part II (relating to general rules of administrative practice and procedure).

(b) All alleged violations of Chapter 2 of the act (43 P. S. §§ 1301.201-1301.207) will be administered in accordance with the applicable provisions of the cited laws and the rules and regulations as follows:

(1) The Child Labor Law (43 P. S. §§ 41-66.1), the act of June 23, 1931 (P. L. 923, No. 309) (43 P. S. §§ 67-71), and Chapter 11 of this title (relating to employment of minors).

(2) The Equal Pay Law (43 P. S. §§ 336.1-336.10) and §§ 9.61-9.65 (relating to equal pay laws).

(3) The Wage Payment and Collection Law (43 P. S. §§ 260.1-260.12) and §§ 9.1-9.4 (relating to wage payment and collection laws).

(c) Appeals from a decision of the Department for any violation of the act except as otherwise set forth in this section shall be made within 15 days of receipt of the decision and shall be addressed to the Secretary.

(d) Appeals from a decision to refuse to issue, suspend or revoke a certificate of registration shall be to the Board and shall be made within 30 days of receipt of the decision.

(e) The following provisions govern hearing examiners:

(1) Either the Secretary or the Board may appoint a hearing examiner to conduct any hearing required by the act or subsection (a).

(2) Such hearing examiner will present a formal recommendation to the appropriate authority within 60 days of the hearing, complete with findings of fact and conclusions of law.

(3) Any appellant may waive his right to a formal recommendation as required in paragraph (2), in which event the hearing examiner will present his recommended order within 15 days of the hearing. The recommended order shall not be required to contain formal findings of fact or conclusions of law.

(f) Either the Secretary or the Board will issue a final order which may be appealed to the Commonwealth Court under 1 Pa.C.S. § 1937; 42 Pa.C.S. §§ 102, 503, 702, 704, 705, 706, 721, 722, 723, 724, 726, 741, 742, 761, 762, 763, 1722(a)(1), 5102, 5103; and § 8 of the act of July 9, 1976 (P. L. 586, No. 142); and 2 Pa.C.S. §§ 501-508 and 701-704 and 751-754.

(g) No appeal shall operate as a supersedeas except by appropriate order or rules of the authority having jurisdiction.

Notes

34 Pa. Code § 31.52

The provisions of this § 31.52 amended December 14, 1979, effective 12/15/1979, 9 Pa.B. 4052.