§ 35.105. Notice of nonrulemaking proceedings.
(a) In proceedings other than those referred to in § 35.104 (relating to notice of rulemaking proceedings), notices and orders initiating hearings which are ordered by the agency to be published in a legal newspaper or a newspaper of general circulation, or which are designated by the Joint Committee on Documents or by the agency for this purpose, shall be published in the Pennsylvania Bulletin.
(b) In the case of a notice or order initiating a hearing without specifying the time and place thereof such notice or order shall be published in the Pennsylvania Bulletin not less than 15 days prior to the date fixed therein for the filing of protests, petitions to intervene or notices of intervention.
(c) In the case of a notice or order fixing the time and place for the initial convening of the hearing the notice or order shall be published in the Pennsylvania Bulletin not less than 15 days prior to the date fixed in said notice or order for the convening of the hearing, unless the agency finds that a shorter period of notice is reasonable and consistent with the public interest.
(d) In addition to the publication in the Pennsylvania Bulletin, copies of the notice or orders will be mailed to the parties. Similar notice shall be served of the time when and place where a hearing will be reconvened unless announcement was made thereof by the presiding officer at the adjournment of the earlier session of the hearing, but no such notice will be published in the Pennsylvania Bulletin. In fixing the time and place of hearing, due regard will be given to the convenience and necessity of the parties or their attorneys so far as time and the proper execution of the functions of the agency permit.
Notes of Decisions The Department of Community Affairs’ failure to provide 15 days notice of a hearing in the Pennsylvania Bulletin was reasonable in light of the possible failure of the refunding bond issue and loss of interest savings. Property Owners, Residents and/or Taxpayers of Pleasant Valley School District v. Department of Community Affairs, 552 A.2d 769 (Pa. Cmwlth. 1989).
Cross References This section cited in 1 Pa. Code § 35.2 (relating to contents of applications); 4 Pa. Code § 89.23 (relating to notice); 6 Pa. Code § 22.95 (relating to formal appeals and hearings); 6 Pa. Code § 30.14 (relating to procedure for designation); 6 Pa. Code § 30.23 (relating to procedure for redesignation); 7 Pa. Code § 131.13 (relating to service); 12 Pa. Code § 11.13 (relating to notice of hearings); 22 Pa. Code § 121.9 (relating to administrative loan collection review procedures); 22 Pa. Code § 351.1 (relating to purpose and scope); 22 Pa. Code § 121.10 (relating to administrative wage garnishment procedures for Federal loans); 28 Pa. Code § 1113.2 (relating to administrative appeal procedures); 34 Pa. Code § 131.53a (relating to consolidated hearing procedure); 34 Pa. Code § 131.57 (relating to compromise and release agreements); 34 Pa. Code § 131.203 (relating to hearing procedures); 37 Pa. Code § 79.84 (relating to hearings); 37 Pa. Code § 197.89 (relating to scheduling and announcement of hearings); 40 Pa. Code § 15.45 (relating to notice of hearings; effect of waiver of hearing); 52 Pa. Code § 5.212 (relating to notice of nonrulemaking proceedings); 52 Pa. Code § 1005.83 (relating to notice of nonrulemaking proceedings); 55 Pa. Code § 41.32 (relating to timeliness and perfection of requests for hearing); 58 Pa. Code § 51.43 (relating to staff review); 61 Pa. Code § 703.32 (relating to notice of proceeding); and 61 Pa. Code § 703.33 (relating to scheduling of hearing).
No part of the information on this site may be reproduced for profit or sold for profit.
This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
