HEARING RESULTS
§ 275.31. Hearing decision.
(a) The hearing officer will have the delegated authority from the Secretary to make a decision on the administrative disqualification hearing.
(b) The Department’s Office of Hearings and Appeals will issue a hearing decision within 90 days from the date it sent the hearing notice except as described under § 275.23(d) (relating to postponement).
(c) The hearing officer will base the hearing decision on clear and convincing evidence.
(d) The hearing officer’s decision will:
(1) Summarize the facts.
(2) Specify the reasons for the decision.
(3) Identify the regulations supporting the decision.
(4) Identify the supporting evidence.
(5) Respond to reasoned arguments made by the parties.
(6) Specify the period of disqualification if the individual is found to have committed an intentional program violation.
(7) Specify the claim amount, if appropriate.
(e) The Department’s Office of Hearings and Appeals will send the hearing decision to the individual and parties present for the telephone or face-to-face hearing. The decision will include notification of the individual’s right to request a reconsideration or to appeal the decision as described under § 275.61 (relating to right to request reconsideration or right to appeal, or both).
(f) The transcript or recording of testimony, exhibits or official reports introduced at the hearing, together with the papers and requests filed in the proceeding will be available upon request to the individual or the individual’s representative at a reasonable time and place for copying and inspection.
Cross References This section cited in 55 Pa. Code § 275.23 (relating to postponement).
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