Subchapter E. DISPUTE PROCEDURES
Sec.
977.61. Dispute procedures.§ 977.61. Dispute procedures.
(a) An appeal of a decision of the Fund shall be made in writing to the Executive Director of the Fund. The appeal must be received within 35 days of the mailing date of the Fund’s decision. An appeal shall contain:
(1) The name and address of the appellant.
(2) A statement of the facts forming the basis of the complaint.
(3) Supporting material.
(b) An appeal of the Executive Director’s decision shall be made in writing to the Board. The appeal must be received by the Board within 35 days of the mailing date of the decision. The appeal process shall be conducted in accordance with 1 Pa. Code Part II (relating to the General Rules of Administrative Practice and Procedure).
(c) An adjudication of the Board may be appealed in accordance with 2 Pa.C.S. § 702 (relating to appeals).
(d) To remain eligible for Fund coverage, disputed fees shall be paid in full during the pendency of an appeal.
(1) If a participant or a distributor prevails in the appeal, fees paid in excess of the amount determined to be due plus interest shall be refunded. Interest shall be computed at the rate determined by the Secretary of Revenue for interest payments for overdue taxes under section 806 of the Fiscal Code (72 P. S. § 806).
(2) Penalties authorized by the act or by § 977.21 (relating to penalty for late payment of fees) will be retroactive to the first day of delinquency.
Cross References This section cited in 25 Pa. Code § 977.22 (relating to fee dispute procedure); 25 Pa. Code § 977.39 (relating to claim dispute procedures); and 25 Pa. Code § 977.54 (relating to dispute procedures).
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