4 Pa. Code § 58.408 - Hearing
(a)
Scope. The Secretary may delegate to a designee the
responsibility to conduct a fact-finding hearing and to prepare a report and
recommendation. Fact-finding hearings will be held only when the business
requests a review of its denial or decertification under §
58.407 (relating to review of
denial or decertification of small business, small diverse business or veteran
business enterprise status).
(b)
Purpose. The fact-finding hearing will be held to determine
the operative facts forming the basis for the denial or decertification action
as delineated in the notice of denial/decertification provided to the business.
The hearing will also determine the sufficiency of the grounds for the review.
The fact-finding hearing affords the business an additional opportunity to
demonstrate that the facts upon which the denial or decertification are based
are insufficient, incorrect or otherwise do not warrant denial or
decertification. The business may present information and arguments in
accordance with the grounds stated in the request for review indicating why it
should not be denied or decertified. Other information may be used by the
designee to make a recommendation to the Secretary of the Department.
(c)
Conduct of the hearing.
If a hearing is warranted, it will be conducted under
2
Pa.C.S. §§
501'508 and 701'704
(relating to practice and procedure of Commonwealth agencies; and judicial
review of Commonwealth agency action). If the Department is the moving party,
it has the burden of proof.
Notes
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