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 B - ADMINISTRATIVE DISQUALIFICATION HEARINGS › HEARING REQUIREMENTS › Section 275.21 - Scheduling of the hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						Department will schedule all hearings. If a telephone hearing is scheduled, the
						individual will be given the opportunity to request a face-to-face hearing,
						which the Department will grant.
(b) The Department will send a hearing notice
						to each individual at least 30 days before the hearing date. The Department
						will send the notice by certified mail-return receipt requested-or by another
						method as long as the Department or the Office of Inspector General obtains
						proof of receipt. The notice will contain:
(1)
						The date and time of the hearing. If scheduled as a face-to-face hearing, the
						location shall be specified.
(2)
						The charges against the individual.
(3) A summary of the evidence, and how and
						where it can be examined.
(4) A
						statement that, if the individual fails to be present for the telephone or
						face-to-face hearing without good cause, the hearing decision will be based
						solely on the testimony and exhibits provided by the Office of Inspector
						General.
(5) A statement that, to
						receive a new hearing, the individual or individual's representative has 10
						days from the hearing date to present sufficient reasons to show good cause for
						failing to be present for the telephone or face-to-face hearing.
(6) A statement that the Office of Inspector
						General and the individual are each entitled to one postponement of the hearing
						as described under §
													275.23 (relating to postponement).
						The individual's representative may request the postponement on behalf of the
						individual. Subject to §
													275.23(b), the
						request shall be made at least 10 days before the scheduled hearing
						date.
(7) A description of the
						disqualification penalties and a statement of which penalty applies.
(8) A listing of the individual's rights as
						contained under §
													275.25 (relating to rights of the
						individual at the hearing).
(9) A
						statement that the hearing does not preclude the State or Federal government
						from prosecuting the individual for an intentional program violation or from
						collecting the overpaid benefits.
(10) A listing of persons or organizations
						that provide free legal representation to an individual alleged to have
						committed an intentional program violation.
(11) A copy of the hearing
						procedures.
(12) An explanation
						that the individual may waive an administrative disqualification hearing as
						described under §
													275.41 (relating to waiver of
						administrative disqualification hearing).
(13) A statement of the individual's right to
						remain silent concerning the charges and that anything said or signed by the
						individual concerning the charges may be used against the individual in a court
						of law.