62 Pa. Stat. § 423

Current through P.A. Acts 2023-32
Section 423 - Hearing appeals of recipients
(a) Each county board shall hear and determine appeals from actions of its employes affecting the rights of those applying for or receiving assistance. Any person applying for or receiving assistance of any type covered by the public assistance provisions of the Federal Social Security Act, may appeal to the department from any decision of the county board, refusing or discontinuing his assistance, in whole or in part. In every such appeal, an opportunity for a fair hearing shall be granted, and the decision of the department on such appeal shall be final, except as otherwise hereinafter provided. All such appeals shall be in accordance with rules and regulations established by the department. If the appellant is already receiving assistance and requests a fair hearing within the timely notice period, assistance shall not be terminated until a decision is rendered in the hearing except in those appeals where the sole issue is one of State or Federal law or policy or change in State or Federal law or policy. In appeals where the sole issue is one of State or Federal law or policy or change in State or Federal law or policy, assistance shall be terminated when the decision is rendered by the county board of assistance. Assistance granted pending a fair hearing is subject to recovery by the department if the department action is sustained.
(b) Notwithstanding anything to the contrary in Title 2 of the Pennsylvania Consolidated Statutes (relating to administrative law and procedure), the department may make an adjudication solely on the basis of written submissions if the sole question presented by the appellant is one of State or Federal law.

62 P.S. § 423

1967, June 13, P.L. 31, No. 21, art. 4, § 423. Affected 1978, April 28, P.L. 202, No. 53, § 2(a) [1402], effective 6/27/1978. Amended 1982, April 8, P.L. 231, No. 75, § 9, imd. effective.