Section 121.8. Applicant and recipient appeals and hearings

(a) An applicant or recipient who is aggrieved by a determination of the Committee on Appeals denying him eligibility for financial assistance may file an appeal to the Board of Directors.

(b) An appeal to the Board shall be filed on or before the 15th day after the date on which notification of the determination by which he is aggrieved was delivered personally to the applicant or recipient or mailed to him at his last known post office address.

(c) Any written notice that may reasonably be construed as a request for an appeal, delivered or mailed to PHEAA’s Office of General Counsel within the prescribed 15-day appeal period, advising that the applicant or recipient is aggrieved and requests a review of the determination denying him financial assistance, will be deemed to initiate and constitute an appeal. The date of initiation of an appeal delivered by mail will be determined from the postmark appearing upon the envelope in which the written communication was mailed.

(d) The appeal may be heard by the Board or, at its direction, by a hearing examiner appointed by the Chairperson of the Board of the Agency or, in the event of the unavailability of the Chairperson, by the Vice Chairperson of the Board of the Agency from a list maintained by the President and Chief Executive Officer. The hearing examiner or the Board will schedule the appeal promptly for hearing and give the applicant or recipient at least 7 days’ notice of the hearing. The notice will specify the date, hour and place of hearing.

(e) Hearings will be held at the offices of the Agency in Harrisburg. During the hearing, the applicant or recipient will be given the opportunity to submit testimony or evidence, or both, in support of his contentions. The applicant or recipient will also have the right to present oral and written argument and to cross-examine any witnesses offered by the Agency. This subsection supplements 1 Pa. Code § 35.126 (relating to presentation by the parties).

(f) Where a hearing examiner has been appointed, he shall prepare or cause the preparation of a verbatim transcript of the hearing, develop findings of fact and conclusions of law, and forward these directly to the Board for review and final decision. This subsection supplements 1 Pa. Code § § 35.131 and 35.202 (relating to recording of proceedings; and proceedings in which proposed reports are prepared).

(g) The Board will make an order or determination as appears just and proper from the evidence submitted.

(h) Notice of the decision of the Board will be mailed promptly to the applicant or recipient at his last known post office address.

(i) Where the decision of the Board is in favor of the applicant or recipient, he shall be eligible for retroactive financial assistance payments for the period during which such assistance was temporarily delayed.

(j) The decision of the Board on an appeal will become final 10 days after the date thereof. Within 30 days after the decision of the Board becomes final, the applicant or recipient may file an appeal therefrom with Commonwealth Court.

The provisions of this § 121.8 adopted March 24, 1972, effective March 25, 1972, 2 Pa.B. 506; amended May 21, 1976, effective May 22, 1976, 6 Pa.B. 1134; amended August 25, 1978, effective August 26, 1978, 8 Pa.B. 2338; amended August 7, 1981, effective August 8, 1981, 11 Pa.B. 2760; amended February 22, 1985, effective February 23, 1985, 15 Pa.B. 670; amended August 4, 2000, effective August 5, 2000, 30 Pa.B. 3924; amended July 31, 2015, effective August 1, 2015, 45 Pa.B. 4163. Immediately preceding text appears at serial pages (268149) to (268151).

Notation

Authority

The provisions of this § 121.8 issued under section 4 of the act of August 7, 1963 (P. L. 549, No. 290) (24 P. S. § 5104); section 1 of the act of January 25, 1966 (P. L. 1546, No. 541) (24 P. S. § 5151); sections 3 and 4(1.2) of the act of July 12, 1981 (P. L. 264, No. 89) (24 P. S. § § 5102.1 and 5104(1.2)); amended under section 4 of the act of August 7, 1963 (P. L. 549, No. 290) (24 P. S. § 5104); sections 1 and 6(e) of the act of January 25, 1966 (P. L. 1546, No. 541) (24 P. S. § § 5151 and 5156(e)); The Institutional Assistance Grants Act (24 P. S. § § 5181—5189); the Urban and Rural Teacher Loan Forgiveness Act (24 P. S. § § 5191—5197); and the Agriculture Education Loan Forgiveness Act (24 P. S. § § 5198.1—5198.7).

Cross References

This section cited in 22 Pa. Code § 121.4 (relating to denial of eligibility to loan defaulters); 22 Pa. Code § 121.53 (relating to forfeiture of award); and 22 Pa. Code § 121.151 (relating to application of existing Agency regulations); 22 Pa. Code § 121.201 (relating to application of existing Agency regulations); 22 Pa. Code § 121.302 (relating to application of existing Agency regulations); and 22 Pa. Code § 121.401 (relating to application of existing agency regulations).