34 Pa. Code § 321.5 - Hearings
(a) The respondent
may, in writing, request the Department to provide a hearing concerning orders
to comply or penalties levied upon the employer under this chapter within 30
days of the respondent's receipt of the notice. The request shall be filed as a
petition under 1 Pa. Code §
35.17 (relating to petitions
generally).
(b) The hearing will be
held under
2
Pa.C.S. §§ 501-508 and
701-704 (relating to
Administrative Agency Law), and 1 Pa. Code Part II (relating to general rules
of administrative practice and procedure).
(c) After the hearing, the Department will
affirm, reverse or modify its original determination.
(d) The validity of an order underlying a
penalty assessment may be an issue in a hearing on the penalty assessment
conducted under subsection (a), whether or not a request for a hearing on the
order was previously sought.
Notes
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