Subchapter G. HEARINGS
129.1302. Request for hearing.
129.1303. Hearing process.
This subchapter cited in 34 Pa. Code § 129.110 (relating to preaudit exchange of information); 34 Pa. Code § 129.114 (relating to contesting final determinations); 34 Pa. Code § 129.409 (relating to preaudit exchange of information); 34 Pa. Code § 129.413 (relating to contesting final determinations); 34 Pa. Code § 129.460 (relating to preaudit exchange of information); 34 Pa. Code § 129.464 (relating to contesting final determinations); 34 Pa. Code § 129.705 (relating to contesting denial of credential recognition or recognition as a qualified accident and illness prevention services provider); 34 Pa. Code § 129.1007 (relating to certification); 34 Pa. Code § 129.1008 (relating to certification renewal affidavit); and 34 Pa. Code § 129.1011 (relating to contesting final determinations).
§ 129.1301. Purpose.
This subchapter sets forth the process to be followed for hearings related to appeals of final determinations of inadequate as they pertain to accident and illness prevention services and programs, final determinations of approved or disapproved as they pertain to a workplace safety committee initial application or renewal affidavit, denials of recognition as an accident and illness prevention service provider or denials of credential recognition.
§ 129.1302. Request for hearing.
(a) A party contesting a final determination shall file an original and two copies of a written request for a hearing to the Director within 30 calendar days of the date of the determination. The hearing request shall be made to the Bureau at the address listed on the determination.
(b) A proof of service indicating the date and form of service of the written request for a hearing shall be provided to the Bureau at the time the request for hearing is filed.
§ 129.1303. Hearing process.
(a) The Director will assign requests for hearings to an impartial hearing officer who will schedule a de novo hearing. The hearing officer will provide notice to parties of the hearing date, time and place.
(b) The hearing will be conducted in a manner to provide the parties with an opportunity to be heard. The hearing officer will not be bound by strict rules of evidence.
(c) Testimony will be recorded and a full record kept of the proceeding.
(d) Following the close of the record, the hearing officer will issue a written final decision and order.
(e) Any party to the hearing aggrieved by a decision rendered under subsection (d) may, within 30 days, appeal the decision to the Commonwealth Court. The hearing officers determination will include a notification to the parties of their appeal rights.
(f) Subsections (a)(e) supplement 1 Pa. Code Part II (relating to the General Rules of Administrative Practice and Procedure).
(g) If, after all appeals have been exhausted, the group self-insurance fund or individual self-insured employer is subject to a final determination that its accident and illness prevention program is inadequate, the group self-insurance fund or individual self-insured employers certificate to self-insure its obligations under the act shall be void. The group self-insurance fund or individual self-insured employers failure to properly insure its obligations under the act, through an insurer licensed to provide that coverage in this Commonwealth, within 15 days of the final determination may result in criminal liability under section 305 of the act (77 P. S. § 501).
(h) If, after all appeals have been exhausted, the insurer is subject to a final determination that its accident and illness prevention program is inadequate, the Bureau will notify the Commissioner that the insurer has failed to comply with section 1001(a) of the act (77 P. S. § 1038.1(a)). In that notification, the Bureau may recommend that the insurers license to write that insurance in this Commonwealth be revoked.
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