§ 35.14. Orders to show cause.

 Whenever an agency desires to institute a proceeding against a person under statutory or other authority, the agency may commence the action by an order to show cause setting forth the grounds for the action. The order will contain a statement of the particulars and matters concerning which the agency is inquiring, which shall be deemed to be tentative and for the purpose of framing issues for consideration and decision by the agency in the proceeding, and the order will require that the respondent named respond orally, or in writing (as provided in §  35.37 (relating to answers to orders to show cause)) or both.

Notes of Decisions

   Since the violation notice contained references pertaining to rulemaking proceedings rather than to appeals from violation charges and since the show cause order did not clearly advise that an answer was to be filed and did not clearly mention appeal to the Industrial Board, the notice and order were inadequate and the case would be remanded to the Industrial Board for hearing and consideration. In re Hoge, 410 A.2d 106 (Pa. Cmwlth. 1980).

Cross References

   This section cited in 1 Pa. Code §  35.37 (relating to answers to orders to show cause); 7 Pa. Code §  131.22 (relating to special actions); 12 Pa. Code §  11.7 (relating to complaints); 16 Pa. Code §  49.62 (relating to notice of noncompliance); 22 Pa. Code §  32.6 (relating to enforcement); 22 Pa. Code §  121.9 (relating to administrative loan collection review procedures); 22 Pa. Code §  233.115 (relating to notice and hearings); 22 Pa. Code §  351.1 (relating to purpose and scope); 28 Pa. Code §  30.60 (relating to hearings and appeals); 28 Pa. Code §  101.104 (relating to form of notice); 28 Pa. Code §  601.14 (relating to reasons for revocation or nonrenewal of license); 28 Pa. Code §  709.17 (relating to refusal or revocation of license); 28 Pa. Code §  711.17 (relating to refusal or revocation); 28 Pa. Code §  1230.43 (relating to Orders to Show Cause, orders or petitions filed by the Office); 34 Pa. Code §  3a.9 (relating to suspension or revocation of Pennsylvania inspector commission); 34 Pa. Code §  3a.99 (relating to notice of deficiency); 34 Pa. Code §  13.52 (relating to notice of deficiency); 34 Pa. Code §  111.15 (relating to no other pleadings allowed); 34 Pa. Code §  121.27 (relating to orders to show cause); 34 Pa. Code §  129.1602 (relating to order to show cause/penalties); 34 Pa. Code §  131.32 (relating to petitions except petitions for joinder and challenge proceedings); 34 Pa. Code §  131.121 (relating to penalty proceedings initiated by a party); 34 Pa. Code §  131.122 (relating to other penalty proceedings); 34 Pa. Code §  401.14 (relating to decertification or refusal to certify); 34 Pa. Code §  501.8 (relating to hearings/appeals); 37 Pa. Code §  407.32 (relating to initiation of subgrant termination proceedings); 52 Pa. Code §  5.31 (relating to staff-initiated complaints); 52 Pa. Code §  1005.12 (relating to content of formal complaints); 52 Pa. Code §  1005.13 (relating to citation complaints by the Authority); 58 Pa. Code §  51.23 (relating to order to show cause); 58 Pa. Code §  93.112 (relating to suspension, revocation or cancellation of certificate of title); 58 Pa. Code §  493a.2 (relating to complaints); 61 Pa. Code §  703.5 (relating to other submissions); and 67 Pa. Code §  491.9 (relating to order to show cause).

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