55 Pa. Code § 275.31 - Hearing decision
(a) The
hearing officer will have the delegated authority from the Secretary to make a
decision on the administrative disqualification hearing.
(b) The Department's Office of Hearings and
Appeals will issue a hearing decision within 90 days from the date it sent the
hearing notice except as described under §
275.23(d)
(relating to postponement).
(c) The
hearing officer will base the hearing decision on clear and convincing
evidence.
(d) The hearing officer's
decision will:
(1) Summarize the
facts.
(2) Specify the reasons for
the decision.
(3) Identify the
regulations supporting the decision.
(4) Identify the supporting
evidence.
(5) Respond to reasoned
arguments made by the parties.
(6)
Specify the period of disqualification if the individual is found to have
committed an intentional program violation.
(7) Specify the claim amount, if
appropriate.
(e) The
Department's Office of Hearings and Appeals will send the hearing decision to
the individual and parties present for the telephone or face-to-face hearing.
The decision will include notification of the individual's right to request a
reconsideration or to appeal the decision as described under §
275.61 (relating to right to
request reconsideration or right to appeal, or both).
(f) The transcript or recording of testimony,
exhibits or official reports introduced at the hearing, together with the
papers and requests filed in the proceeding will be available upon request to
the individual or the individual's representative at a reasonable time and
place for copying and inspection.
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.