§ 123.11. Right of rebuttal.

 (a)  Any person who is individually identified, expressly or by clear implication, in a public hearing or report of the Commission, and who believes that evidence or comment made public in such hearing or report tends to defame him or otherwise adversely affect his reputation, shall have the right to appear personally at a public hearing and testify in his own behalf as to matters relevant to such evidence or comment.

 (b)  The rebuttal provided for in subsection (a) may be claimed as a matter of right up to 10 days from the date on which the evidence or comment was made public.

Notes of Decisions

   Construction with Constitution

   Under the scheme of this regulation, there was no forum for an individual who believed that their reputation has been adversely affected to seek a remedy until after the possible damage had been done. This was clearly an unconscionable abrogation of a state protected constitutional right without procedural due process. Simon v. Commonwealth, 659 A.2d 631 (Pa. Cmwlth. 1995).

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