§ 20.6. Applying for designation as a program sanctioned by theDepartment.
(a) Application required. An agricultural, educational or vocational program seeking the designation that it is sanctioned by the Department for purposes of the act shall submit a written application for the designation to the Department.
(b) Obtaining an application. A person may obtain an application form by mailing a written request to the address in subsection (d).
(c) Contents of application. The application form shall contain:
(1) The name and address of the person who proposes to offer or give away a domestic animal as a prize in a game to be held in connection with an agricultural, educational or vocational program.
(2) A description of the agricultural, educational or vocational activities conducted or promoted by the program described in paragraph (1).
(3) A statement identifying any entity that shall receive any portion of the proceeds of the game and setting forth the percentage of the proceeds that the entity shall receive.
(4) A statement setting forth the date, time and location of both the agricultural, educational or vocational program and the game at which it is proposed that any domestic animal be offered or given away as a prize.
(5) A description of the species and number of domestic animals that will be offered or given away as a prize.
(6) A copy of the written instructions for proper care of the domestic animal that would be issued to any person to whom the domestic animal is given.
(d) Delivery of application. The application form shall be mailed or delivered to the following address:
Bureau of Animal Industry Division of Regulation and Compliance Agriculture Building, Room 403 2301 North Cameron Street Harrisburg, PA 17110
(e) Completeness review. The Department will review each application for completeness. If the application is incomplete, or if additional information is required, the Department will, within 10 days of receiving the application, notify the applicant of this deficiency. The notification may be accomplished by telephone or by mailing a written notice.
(f) Determination. Within 20 days of receiving a complete application, the Department will issue to the applicant written notice of whether the agricultural, educational or vocational program described in the application is sanctioned by the Department for purposes of the act. If the written notice states that the program is sanctioned by the Department, it shall also set forth an expiration date for this sanction.
(g) Reconsideration. An applicant may request that the Secretary conduct a hearing to review and reconsider any decision issued under subsection (f). The hearing request shall be in writing, and be delivered to the Department within 25 days from the date the Department’s decision was mailed to the applicant. Upon receipt of a timely hearing request, the Secretary will designate a hearing examiner to take testimony, consider evidence and submit a proposed adjudication for the Secretary’s consideration on the issue of whether a modification of the original decision is warranted. The Secretary will then issue a final adjudication.
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