Section 1111.8. Rights of the appellant

(a) When an appeal is filed, the local agency shall inform the applicant or participant denied benefits, or an authorized representative, of the rights set forth in subsection (b).

(b) An applicant or participant who files an appeal, or on whose behalf the appeal is filed, has the following rights:

(1) To appear in person at the hearing.

(2) To represent himself, or to be represented by an authorized representative such as an attorney, friend or other person at the hearing.

(3) To receive an explanation that he may contact the local bar association for assistance in locating legal services.

(4) To present oral or documentary evidence, witnesses and arguments to support the position of the applicant or participant in accordance with procedures established by the hearing examiner.

(5) To request a subpoena from the hearing examiner for the production of evidence or witnesses that the applicant, participant or authorized representative, determines are important to establish necessary facts

(6) To request that the local agency provide an interpreter at the hearing if an adult applicant or participant, or the parent or guardian of an infant or child applicant or participant, does not understand English or is hearing impaired.

(7) To examine upon request, both before and during the hearing, the materials which the Department or local agency has on file relative to the case which are not confidential.

(8) To be provided with the names of the local agency staff members and witnesses who will be present at the hearing.

(9) To question or refute any testimony or other evidence presented against the applicant or participant and to confront and cross-examine adverse witnesses.

(10) To examine, prior to and during the hearing, documents and records that will be presented to support the decision under appeal.

(11) To further appeal the final decision of the hearing examiner to the Secretary within 15 days of the mailing date of the hearing examiner’s decision.

(12) To appeal the adjudication and order of the Secretary or agency head designated by the Secretary to the Commonwealth Court within 30 days of the mailing date of the adjudication and order.

(c) Supersession. Subsection (b)(1) supplements 1 Pa. Code § 31.21 (relating to appearance in person). Subsection (b)(2) supersedes 1 Pa. Code § § 31.22 and 31.23 (relating to appearance by attorney; and other representation prohibited at hearings). Subsection (b)(5) supplements 1 Pa. Code § 35.142 (relating to subpoenas).