Section 145.112. Procedures for formal appeal proceedings

(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 the provisions of this chapter may initiate a formal appeal to the Department by filing a formal complaint with the Department within 45 days following the date of the decision from which the appeal is taken. To initiate a formal appeal proceeding, the formal complaint shall contain the following:

(1) The name and address of the appealing person.

(2) The names and addresses, if available, of other persons likely to be involved.

(3) A summary of the decision from which the appeal is taken, including a copy of the decision if it was in writing and is available to the appealing person.

(4) The grounds of disagreement with the decision from which the appeal is taken.

(5) A statement that the appealing person desires a hearing.

(6) The signature of the appealing person or, if a corporation, of an officer of the appealing person.

(7) The additional supporting documentation as the appealing person may consider useful.

(b) Promptly following receipt of a formal complaint, the Department will establish a time and place for a hearing to consider the questions raised in the formal complaint. To the maximum possible extent, the hearing should be held not later than 60 days following receipt of the formal complaint. The Department will send a written notice of the hearing by hand or by registered mail, return receipt requested, to the appealing person and to other persons indicated in the formal complaint as likely to be involved and to other persons that the Department believes would have an interest in the decision. If the formal complaint raises questions of general applicability, the Department may send written notice of the hearing, but not by registered mail, to all third-party agencies and all manufacturers with approved building system documentation.

(c) An interested person may intervene in the formal appeal proceeding by filing with the Department a written notice of intervention which shall include the name and address of the intervening person and the reason why the person desires to intervene.

(d) The presiding officer of the hearing shall be the Chief, Division of Manufactured Housing of the Department, or other official of the Department as may be designated by the Secretary of the Department. The appealing person, the Department and any intervening person shall have an opportunity to present witnesses and documentary evidence, to cross-examine witnesses presented by others, and to present its reasons in favor of or against the decision from which the appeal is being taken. Technical rules of evidence are not applicable, and relevant evidence of reasonable probative value may be received. The hearing shall be stenographically recorded.

(e) Promptly following the conclusion of the hearing, the presiding officer shall report his findings to the Secretary of the Department. The Secretary of the Department will render his decision within 60 days following the conclusion of the hearing. The decision will be made in writing, stating the reasons therefor. The Department will send copies of the decision by mail to the appealing person and to each person intervening in the proceedings. If the appealing person is a manufacturer, the Department will furnish copies of its decision to third-party agencies with implementing contracts with the manufacturer. If the appealing person is a third-party agency, the Department will furnish copies of its decision to manufacturers with implementing contracts with the third-party agency. If the decision is of general applicability, the Department will furnish copies to third-party agencies and manufacturers with approved building system documentation no later than at the time of the next report of the Department required under § 145.92 (relating to reports by the Department).

(f) The appealing person shall pay the costs of preparing the stenographic record and of its transcription, if a transcription is required.

(g) In the event of a conflict between a provision of this section and another provision of these regulations relating to notices, timing or another aspect of the formal appeal proceedings, the other provision shall prevail.

The provisions of this § 145.112 adopted July 12, 1974, effective July 13, 1974, 4 Pa.B. 1403.

Notation

Cross References

This section cited in 12 Pa. Code § 145.66 (relating to emergency suspension); 12 Pa. Code § 145.67 (relating to revocation of certification of industrialized housing and housing components); 12 Pa. Code § 145.79 (relating to suspension and revocation of third-party agencies); 12 Pa. Code § 145.92 (relating to reports by the Department); and 12 Pa. Code § 145.111 (relating to informal appeals).