Pennsylvania Code & Bulletin

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 3392 (June 24, 2023).

55 Pa. Code § 3041.176. Hearing procedures.

§ 3041.176. Hearing procedures.

 (a)  Chapter 275 (relating to appeal and fair hearing and administrative disqualification hearings) applies to hearings that are held under this chapter, except as specifically superseded by this chapter.

 (b)  An appeal postmarked or received after 30 calendar days from the date the written notice is postmarked or hand-delivered to the parent or caretaker will be dismissed as untimely without a hearing, unless one of the provisions allowing for appeals after 30 calendar days applies as specified in §  275.3(b)(2) and (3) (relating to time limitations on right to appeal).

 (c)  The hearing may be conducted by a telephone conference call with the parties to the appeal, including the parent or caretaker, the authorized representative of the parent or caretaker, the eligibility agency, the Department and the hearing officer.

 (d)  The parent or caretaker has the right to request a face-to-face hearing instead of a telephone hearing. Face-to-face hearings will be held in locations specified by the Department.

 (e)  If a parent or caretaker does not withdraw an appeal, the eligibility agency or the Department, if appropriate, will take part in the scheduled hearing to justify the action to which the parent or caretaker objects.

 (f)  If the eligibility agency or the Department fails to appear at the hearing and the parent or caretaker appears, the parent’s or caretaker’s appeal will be sustained.

 (g)  If the parent or caretaker fails to appear for the hearing, regardless of whether the eligibility agency or the Department appears, the appeal is considered abandoned and the decision of the eligibility agency or the Department will be sustained.

 (h)  The Department will notify the eligibility agency and the parent or caretaker, in writing, when disposition of the appeal is made.

 (i)  The eligibility agency shall implement the final administrative action within the time limit ordered by the Department or on the first day child care is needed in the week following receipt of the final administrative action order.

Cross References

   This section cited in 55 Pa. Code §  3041.162 (relating to notice of right to appeal).

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