58 Pa. Code § 1120a.6 - Demand for hearing on the exclusion of a person
(a) Upon the filing of a petition for
exclusion, the Office of Enforcement Counsel will serve the petition upon the
person by personal service or certified mail at the last known address of the
person. The notice will inform the person of the right to a hearing under
4
Pa.C.S. §
3901(h)
(relating to exclusion or ejection of certain persons) and include a copy of
the petition.
(b) Upon service of
the petition, the person subject to the petition shall have 30 days to demand a
hearing before the Board or presiding officer. Failure to demand a hearing
within 30 days after service will be deemed an admission of all matters and
facts alleged in the Office of Enforcement Counsel's petition for exclusion and
preclude the person from having an administrative hearing.
(c) If a formal hearing is demanded by the
person named in the petition for exclusion, a hearing will be scheduled as
provided in §
491a.8 (relating to hearings
generally). At the hearing, the Office of Enforcement Counsel will have the
burden of proof to demonstrate that the person named in the petition for
exclusion satisfies the criteria for exclusion in
4
Pa.C.S. §
3901 or §
1120a.3 (relating to criteria for
exclusion or ejection). Unless the matter is heard directly by the Board, the
presiding officer will prepare a report and recommendation as provided in
§
494a.4 (relating to report or
report and recommendation of the presiding officer) for consideration by the
Board.
Notes
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