Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XV - Office of the Deaf and Hard of Hearing › Chapter 501 - REGISTRATION OF SIGN LANGUAGE INTERPRETERS AND TRANSLITERATORS › Section 501.8 - Hearings/appeals

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Actions under
				sections 8 and 9 of the act (63 P. S. §§
										1725.8 and
				1725.9) and §
									501.7 (relating to violations)
				will be taken subject to the right of notice, hearing and adjudication in
				accordance with 2 Pa.C.S. (relating to administrative law and procedure).
				Hearings shall be conducted under 1 Pa. Code Part II (relating to the General
				Rules of Administrative Practice and Procedure) and this section.
(b) The Office will serve the respondent with
				an order to show cause under 1 Pa. Code §
									35.14 (relating to orders to show
				cause). The order to show cause will contain notification that the registration
				may be subject to action and the grounds for the action. The order to show
				cause will contain notification that the respondent is to respond in writing
				within 30 days after the date of the service of the order or in accordance with
				another date designated by the Office. Failure to respond will be deemed a
				default and relevant facts stated in the order to show cause may be deemed
				admitted under 1 Pa. Code §
									35.37 (relating to answers to
				orders to show cause).
(c) The
				respondent may respond in writing to the allegations of the order to show cause
				under 1 Pa. Code § 35.37. If made, the answer shall be filed with the
				Office within 30 days after the date of the order to show cause or within
				another time period specified by the Office.
(d) The Office will provide the opportunity
				for a recorded hearing on the allegations. The Office will designate a
				presiding officer to conduct the hearing under 1 Pa. Code §§
									35.185-35.190 (relating to presiding
				officers).
(e) The presiding
				officer will prepare and issue a proposed report and order under 1 Pa. Code
				§§
									35.201-35.207 (relating to proposed
				reports generally). The presiding officer will serve the proposed report upon
				counsel of record or to the parties in the hearing. The proposed report will
				contain the Department address where an appeal may be filed.
(f) A party may appeal the proposed report
				and order to the Secretary within 30 days of service of the proposed report
				under section 10 of the act (63 P. S. §
										1725.10). Appeals are governed by the
				following:
(1) A party desiring to appeal to
				the Secretary shall file exceptions to the proposed report and order within 30
				days of service in accordance with 1 Pa. Code §
										35.211 (relating to procedure to
				except to proposed report). The party may seek the reopening of the record to
				present testimony or evidence by filing a request with the
				exceptions.
(2) A party may file a
				written response to the exceptions within 20 days of service of the exceptions.
				The party may seek the reopening of the record to present testimony or evidence
				by filing a request with the response.
(3) If a timely appeal is filed, the
				presiding officer will transmit the proposed report and order and the certified
				record to the Secretary.
(4) If a
				timely appeal is filed, the Secretary will issue the final order under 1 Pa.
				Code §
										35.226 (relating to final orders).
				The Secretary may reopen the record and order additional briefs.
(5) The presiding officer's proposed report
				and order will be the Department's final order under section 11 of the act
				(63
				P. S. §
											1725.11) if a timely appeal is
				not made under this section.