Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 8238 (December 30, 2023).

12 Pa. Code § 145.111. Informal appeals.

APPEALS


§ 145.111. Informal appeals.

 (a)  A person aggrieved by a decision of the Department or of a third-party agency or of a local enforcement agency taken in connection with the administration of the act or this chapter may initiate an informal appeal to the Department by sending a letter or other writing to the Department which will serve as an informal complaint. The Department will give a serial number to the informal complaint for identification purposes. No specified form of informal complaint is required, but the letter or other writing should identify the persons involved, summarize the decision subject to the informal appeal, state the grounds of disagreement with the decision, and be signed by the appealing person or, if a corporation, by an officer of the appealing person. Only one copy of the informal complaint need be filed. It may include supporting papers that the appealing person may consider useful.

 (b)  If the informal complaint appears to the Department to be susceptible of informal adjustment, a copy of the informal complaint will be sent by the Department within 7 days after receipt to each person identified in the informal complaint as being involved. The Department will attempt to have the question resolved by correspondence, telephone or other informal communication. If the informal complaint appears to the Department not to be susceptible of informal adjustment, the Department will within 7 days following receipt of the informal complaint ask the appealing person whether it desires to have its informal complaint treated as a formal complaint, initiating formal appeal proceedings under §  145.112 (relating to procedures for formal appeal proceedings).

 (c)  A proceeding instituted as an informal appeal is without prejudice to the right of the aggrieved person to file and prosecute a formal appeal, in which event the proceeding on the informal appeal will be discontinued.

Source

   The provisions of this §  145.111 adopted July 12, 1974, effective July 13, 1974, 4 Pa.B. 1403.



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