Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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Pennsylvania Code



Subchapter C. LIST CANCELLATION HEARINGS


Sec.


607a.25.    Generally.
607a.26.    Notice of list of cancellation hearing.
607a.27.    Format of hearing.
607a.28.    Record of proceedings.
607a.29.    Notice of list cancellation.

§ 607a.25. Generally.

 (a)  Under 71 Pa.C.S. §  2307(d) (relating to duration of eligible lists), the Office of Administration will hold a hearing before cancelling the whole or a part of an eligible list due to illegality or fraud in connection with the eligible list. The hearings shall be referred to as ‘‘list cancellation hearings.’’

 (b)  Subsection (a) supersedes 1 Pa. Code §  35.121 (relating to initiation of hearings).

§ 607a.26. Notice of list cancellation hearing.

 (a)  The Office of Administration shall provide advance notice of a list cancellation hearing to those eligibles whose names appear on the relevant list. The notice will contain a statement of the matters to be addressed at the hearing, as well as specific instructions regarding the date, time and place of hearing. Additionally, the notice will provide instructions on how an eligible can submit to the Office of Administration written objections concerning the list cancellation.

 (b)  Subsection (a) supersedes 1 Pa. Code §  35.121 (relating to initiation of hearings).

§ 607a.27. Format of hearing.

 (a)  At the onset of a list cancellation hearing, the presiding officer shall make a statement describing the circumstances necessitating the cancellation of the list, including the findings and conclusions of any investigation undertaken by the Office of Administration. Thereafter, each eligible whose name appears on the relevant list and objected, in writing, to the cancellation will be given an opportunity to state their objections, under oath or affirmation, on the record. After all objections are heard, the presiding officer shall adjourn the hearing, and the record shall be considered closed.

 (b)  Subsection (a) supersedes 1 Pa. Code §  35.123 (relating to conduct of hearings).

§ 607a.28. Record of proceedings.

 (a)  A complete record of the proceedings shall be made. Individuals may arrange to purchase copies of the record directly with the reporting service. The Office of Administration’s copy of the record may be reviewed at the Office of Administration’s office in Harrisburg. Arrangements to review the record may be made by contacting the Docket Clerk.

 (b)  Subsection (a) supersedes 1 Pa. Code § §  35.131 and 35.133(a) and (b) (relating to recording of proceedings; and copies of transcripts).

§ 607a.29. Notice of list cancellation.

 If, after holding a list cancellation hearing, the Office of Administration determines that cancellation of the whole or a part of an eligible list is warranted due to illegality or fraud in connection with the eligible list, the Office of Administration shall provide notice of the cancellation of the list to those eligibles whose names appeared on the relevant list.



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