§ 121.7. Notice of denial and preliminary review procedures.

 (a)  If the Agency staff determines that eligibility for financial assistance should be denied, the applicant or recipient shall be notified in writing of the determination, the grounds therefor, and his right to appeal from the decision of the Agency staff.

 (b)  All appeals from the decisions of the Agency staff will be reviewed initially by an Administrative Review Committee composed of staff personnel of the Agency designated by the President and Chief Executive Officer. The Administrative Review Committee may grant eligibility in cases it deems proper. This subsection supersedes 1 Pa. Code §  35.20 (relating to appeals from actions of the staff).

 (c)  When the Agency through its Administrative Review Committee denies an applicant or recipient eligibility for financial assistance, the applicant or recipient may obtain a review of the Agency’s determination by the Committee on Appeals. The Committee on Appeals will determine whether or not the applicant or recipient is eligible for financial assistance.

 (d)  An appeal to the Committee on Appeals shall be filed on or before the 60th day after the date on which notification of the determination by which he is aggrieved was delivered personally to the applicant or recipient or mailed to him at his last known post office address. The Committee on Appeals may waive this requirement in its discretion.

 (e)  The appeal shall be filed in the offices of the Agency at Harrisburg, and shall include the following information:

   (1)  The name, address and Social Security number of the applicant or recipient.

   (2)  The date of the decision being appealed.

   (3)  The reasons for appeal.

   (4)  The signature of the applicant or recipient.

 (f)  Use of the prescribed appeal form is not mandatory to initiate an appeal. Any written notice that may reasonably be construed as a request for an appeal, delivered or mailed to a authorized representative or to any office of the Agency within the prescribed 60-day appeal period, advising that the applicant or recipient is aggrieved and apparently desires a review of the determination denying him financial assistance, shall be deemed to initiate and constitute an appeal. Thereafter, the applicant or recipient shall perfect the appeal by filing a completed appeal form within a reasonable time after instructions for filing the appeal form have been delivered or mailed to him at his last known post office address. The date of initiation of an appeal delivered by mail, either on the prescribed appeal form or by any other form of written communication, will be determined from the postmark appearing upon the envelope in which the appeal form or written communication was mailed.

 (g)  Appeal forms may be obtained from any local field office of the Agency or at the offices of the Agency at Harrisburg. Assistance in completing and filing the appeal form can be obtained at any local field office of the Agency or at the offices of the Agency in Harrisburg.

   The provisions of this §  121.7 issued under act of July 12, 1981 (P. L. 264, No. 89) (24 P. S. § §  5102.1 and 5104 (1.2)); amended under section 4 of the act of August 7, 1963 (P. L. 549, No. 290) (24 P. S. §  5104); section 1 of the act of January 25, 1966 (P. L. 1546 (1965), No. 541) (24 P. S. §  5151); The Institutional Assistance Grants Act (24 P. S. § §  5181—5189); and the Urban and Rural Teacher Loan Forgiveness Act (24 P. S. § §  5191—5197); and the Agriculture Education Loan Forgiveness Act (24 P. S. § §  5198—5198.7).

   The provisions of this §  121.7 adopted March 24, 1972, effective March 25, 1972, 2 Pa.B. 506; amended November 23, 1973, effective November 24, 1973, 3 Pa.B. 2722; amended August 25, 1978, effective August 26, 1978, 8 Pa.B. 2338; amended August 7, 1981, effective August 8, 1981, 11 Pa.B. 2760; amended August 4, 2000, effective August 5, 2000, 30 Pa.B. 3924. Immediately preceding text appears at serial pages (218124) to (218125).

   This section cited in 22 Pa. Code §  121.4 (relating to denial of eligibility to loan defaulters); 22 Pa. Code §  121.53 (relating to forfeiture of award); 22 Pa. Code §  121.151 (relating to application of existing Agency regulations); 22 Pa. Code §  121.201 (relating to application of existing Agency regulations); 22 Pa. Code §  121.302 (relating to application of existing Agency regulations); and 22 Pa. Code §  121.401 (relating to application of existing agency regulations).