Current through Register Vol. 54, No. 44, November 2, 2024
Section 179.7 - Request for hearing by applicant or licensee(a)Request for hearing. A person aggrieved by actions taken by the Bureau Directors, Commission staff without a prior hearing or the actions of the Board of Judges or Board of Stewards, may appeal the action to the Commission. The appeal and request for a hearing must be made in writing to the respective Bureau Director and must be filed in accordance with the provisions of § 179.3(a) (relating to filings and appeals). A request for a hearing not properly filed shall be denied.(1) The written request shall be sworn to before a notary public and shall set forth in numbered paragraphs a concise statement of all the factual and legal grounds upon which the hearing is requested.(2) The hearing, if granted, shall be limited to matters or issues expressly set forth in the written appeal. All matters not expressly set forth in the initial appeal request shall be deemed waived.(b)Timeliness. A request for a hearing, to be considered timely, must actually be received in the Commission's Administrative Office in Harrisburg and date-stamped within 10 days from the written or oral notice of the decision or ruling, license denial, suspension or revocation in accordance with § 179.3. Any appeal not filed in accordance with these provisions may be deemed incomplete, untimely or improperly filed and shall be denied.(c)Appeal bond.(1)Purpose. The posting of an appeal bond is designed to ensure that appellants engage in a thoughtful and accurate assessment of the underlying merits of their matter prior to requesting an administrative hearing before the Commission. The Commission finds that many appellants file appeals simply to delay the imposition of the ultimate penalty and, in many instances, withdraw their respective appeals at the very last minute or fail to appear at a duly scheduled hearing after the Commission has undertaken expenses associated with scheduling and conducting the hearing.(2)Amount. In addition to all other requirements to timely and properly appeal decisions, determinations and rulings by the Board of Judges or Board of Stewards, Bureau Directors or Commission staff, all appellants must submit an appeal bond in the amount of $750, in the form of a check or money order, along with their written request for a hearing or stay, or both. The amount of the appeal bond may be modified by the Commission and published in the Pennsylvania Bulletin. (i) No appeal or request for a hearing shall be considered without the submission of the applicable appeal bond.(ii) The appeal or request for a hearing shall be rescinded if the check upon which the appeal bond is written is dishonored.(iii) No cash may be used as the appeal bond.(3)Forfeiture of bond. The Bureau Directors or the Commission may withhold the appeal bond, either in whole or in part, if:(i) The Commission expressly makes a finding and determination in its written adjudication that the underlying appeal was frivolous or without any factual or legal foundation.(ii) Appellant fails (without due cause shown) to appear at the duly scheduled hearing, notwithstanding receipt of proper notice of the hearing.(iii) Appellant withdraws or settles the appeal 3 days prior to the scheduled hearing date.(d)Payment of fines. An appeal or request for a hearing from an underlying action or ruling shall not relieve the person of the requirement to pay the issued fine. If the appeal is disposed of in favor of the appellant, the Commission shall refund the amount of the fine.(e)Request for stay. The underlying action or ruling to deny a license, suspend or revoke a license shall remain in full force and effect pending the final determination on the hearing demanded unless a party has requested and received a stay. Applications for a stay shall conform to the standards set forth in § § 175.6 and 177.6 (relating to contents of petition for stay) of the Commission's regulations. (1) If the underlying actions or determinations were taken by the Bureau Director, the request for a stay shall be ruled upon by the Commission or designee under the applicable standards for granting the relief.(2) If the underlying actions were taken by Commission staff, the request for a stay shall be ruled upon by the respective Bureau Director, who for good cause shown, may grant a stay of the action or ruling until the final determination by the Commission in accordance with the applicable standards for granting the relief requested.(3) The decision to grant or refuse a request for a stay shall be based upon a balancing of the pertinent facts sworn to by applicant and upon the sound discretion of the specific Bureau Director to whom the application is addressed. This section cited in 7 Pa. Code § 175.5 (relating to date of filing appeals); 7 Pa. Code § 175.6 (relating to contents of petition for stay); 7 Pa. Code § 177.5 (relating to date of filing appeals); 7 Pa. Code § 177.6 (relating to contents of petition for stay); 7 Pa. Code § 179.3 (relating to filings and appeals); 7 Pa. Code § 179.5 (relating to investigation and special procedures); 7 Pa. Code § 179.8 (relating to Commission original action with prior hearing); 7 Pa. Code § 179.41 (relating to review and appeal); and 7 Pa. Code § 179.56 (relating to failure to attend hearing).