37 Pa. Code § 79.72. Procedure for officers, CFIs, MIs or schools seeking reconsideration.

§ 79.72. Procedure for officers, CFIs, MIs or schools seeking reconsideration.

(a)  Procedure. An officer, CFI, MI or school shall first seek reconsideration of a Commission decision through a letter-ruling process, which consists of the following steps:
   (1)  The officer, CFI, MI or school shall submit to the Executive Director a written request for reconsideration no later than 20 days after mailing of a Commission notice, which results in adverse action for the school or individual.
   (2)  The request for reconsideration must, at a minimum, contain the following details:
     (i)   The name, address, telephone number and electronic mail address of the aggrieved individual or school.
     (ii)   A copy of the Commission notice, which results in adverse action for the school or individual.
     (iii)   A concise and thorough explanation of the basis for the Request for Reconsideration.
     (iv)   The relief being sought.
   (3)  The Commission will review the request for reconsideration at its next regularly scheduled meeting. The individual or entity seeking reconsideration will be notified of the time and place of the meeting.
   (4)  Following review of the request for reconsideration, the Commission will render a decision regarding the request for reconsideration. Within 10 days of the date of the decision, the Commission will forward to the individual or entity, by means of certified mail, return receipt requested, a letter ruling specifying the decision and the reasons for the Commission’s decision and explaining the right to a formal hearing if the individual/school/vendor does not accept the results set forth in the letter.
   (5)  Results and opinions set forth in letter-rulings will have no precedential authority.
(b)  Cross-reference. This section supplements 1 Pa. Code §  35.10 (relating to form and content of formal complaints).

Cross References

   This section cited in 37 Pa. Code §  79.61 (relating to approval of instructors); and 37 Pa. Code §  79.62 (relating to approval of schools and vendors).

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