Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart H - Appeal and Fair Hearing › Chapter 275 - APPEAL AND FAIR HEARING AND ADMINISTRATIVE DISQUALIFICATION HEARINGS › Subchapter A - APPEAL AND FAIR HEARING › GENERAL PROVISIONS › Section 275.3 - Requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Rights
						of the appellant.
An appellant has the right to appear in person at
						the hearing and he may represent himself, or he may be represented. For food
						stamps, the appellant may also bring friends or relatives to the hearing;
						however the hearing examiner may limit the number of persons in attendance at
						the hearing if space limitations exist. The appellant or his representative, if
						any, have the following rights:
(1) To
						present evidence on his own behalf, to bring witnesses or documents he deems
						necessary, and to confront and cross-examine witnesses the county office,
						administering agency or social service provider will produce to support its
						decision or action.
(2) To request
						a subpoena from the hearing officer for the production of evidence or witnesses
						that he feels will be essential in obtaining necessary facts.
(3) To examine prior to the hearing, as well
						as during the hearing, documents which the county office, administering agency
						or social service provider will introduce as evidence in the hearing as well as
						the contents of the case files as provided for in §
													105.5 (relating to access by an
						individual to his case file) or appropriate confidentiality regulations for the
						service program.
(i) If the appellant requests
						material from the case file, other than narrative material dated prior to
						January 1, 1980 which the County Assistance Office, administering agency, or
						service provider believes is within one of the exceptions of §
														105.5(b) or
						appropriate confidentiality regulations for the service program, a hearing
						officer will determine prior to the date of the hearing, whether the material
						is relevant and whether it tends to support the position of the appellant.
						However, under no circumstances may the same hearing officer conduct the
						hearing.
(ii) The hearing officer
						will refuse access to irrelevant material, but will allow access with
						appropriate safeguards to relevant, confidential information which supports the
						position of the appellant. If the office, agency, or provider wishes to protect
						the confidentiality of such relevant information, in spite of the decision of
						the hearing officer, it must provide the relief requested. The case record
						material will be made available on as early a date as possible prior to the
						hearing so that the appellant and his representative shall have ample
						opportunity to review the evidence of the county or that of the administering
						agency or social service provider and prepare their case.
(iii) To obtain a hearing officer's
						determination of whether the appellant may examine the material in question,
						the County Assistance Office, administering agency or social service provider
						will promptly provide the Office of Hearings and Appeals a summary of the
						situation which will include the following:
(A) The decision or action which precipitated
						the appeal and the reasons for it.
(B) The specific document or subject matter
						the appellant wants to examine.
(C)
						The reasons for withholding the material.
(iv) A copy of the summary will also be
						promptly provided to the appellant, who shall have the right, on a timely
						basis, to submit to the hearing officer the reasons for requesting the specific
						matter which the appellant wishes to examine. The Hearing Officer will notify
						the County Assistance Office, administering agency or social service provider
						of his determination as to what materials are required to be disclosed with a
						copy sent to the appellant and his representative, if any. The determination
						will be made on a timely basis in advance of the date of the hearing. No
						administrative appeal will be permitted from the determination of the hearing
						officer.
(4) To be
						provided with the names of the County Assistance Office, administering agency
						or social service provider staff members and witnesses who will be present at
						the hearing.
(5) To request
						reconsideration of the reversal of a hearing decision by the Secretary within
						15 days from the date of reversal.
(6) To appeal the final administrative action
						of the Department within 30 days from the date of its order.