Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 488 (January 27, 2024).

37 Pa. Code § 421.21. Reconsideration of adverse determination and request for hearing.

APPEALS


§ 421.21. Reconsideration of adverse determination and request for hearing.

 (a)  In the following cases the individual affected or the sheriff involved may file a written request for reconsideration of the adverse determination and request for hearing under 2 Pa.C.S. § §  501—508 (relating to practice and procedure of Commonwealth agencies):

   (1)  The Board disapproves an application or reapplication for enrollment in the training course.

   (2)  The Board disapproves a waiver.

   (3)  The Board disapproves a request or application for reimbursement.

   (4)  The Board revokes a previously issued certification.

 (b)  The request shall be received by the Board not later than 20 days after receipt of the adverse notice by the sheriff or the individual involved.

 (c)  Subsections (a) and (b) supplement 1 Pa. Code §  31.5 (relating to communications and filing generally) and 1 Pa. Code §  35.5 (relating to form and content of informal complaints).

 (d)  When the hearing adjudication by the Board results in an adverse determination, the individual involved may file a written request for review before the Commission.

 (e)  The written request for review shall be received by the Commission no later than 20 days after receipt of the adverse adjudication by the individual involved.

 (f)  The Executive Director will determine whether review will be granted, and notice thereof shall be sent to all parties to the proceedings.

 (g)  The standard of review of the hearing adjudication by the Commission shall be whether the Board abused its discretion.

 (h)  Subsections (a)—(d) supplement 1 Pa. Code §  35.9 (relating to formal complaints generally).



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