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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 3204 (May 28, 2022).

34 Pa. Code § 321.5. Hearings.

§ 321.5. Hearings.

 (a)  The respondent may, in writing, request the Department to provide a hearing concerning orders to comply or penalties levied upon the employer under this chapter within 30 days of the respondent’s receipt of the notice. The request shall be filed as a petition under 1 Pa. Code §  35.17 (relating to petitions generally).

 (b)  The hearing will be held under 2 Pa.C.S. § §  501—508 and 701—704 (relating to Administrative Agency Law), and 1 Pa. Code Part II (relating to general rules of administrative practice and procedure).

 (c)  After the hearing, the Department will affirm, reverse or modify its original determination.

 (d)  The validity of an order underlying a penalty assessment may be an issue in a hearing on the penalty assessment conducted under subsection (a), whether or not a request for a hearing on the order was previously sought.

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