Section 1113.3. Adjudication and order

(a) The adjudication and order shall include findings of fact and conclusions of law. The findings of fact shall be based only on the oral and documentary evidence in the hearing record.

(b) The hearing examiner shall provide the Director of the Division of WIC and the store, or its authorized representative, with the adjudication and order within 60 days after the date of the receipt by the Division of WIC of the appeal, adjusted for any continuance of the hearing that causes it to be held more than 21 days after the date the appeal was filed.

(c) If the hearing examiner upholds the Department’s adverse action, the adverse action shall be effective as of the date of the store’s receipt of written notice of the hearing examiner’s adjudication and order.

(d) The hearing examiner shall maintain a written record of the hearing. The record shall include a docket number and caption for the appeal, any documentary evidence submitted, the transcript of the testimony presented at the hearing, the adjudication and order of the hearing examiner, and a copy of the document transmitting the adjudication and order to the store, or its authorized representative.

(e) Subsections (a)—(c) supersede 1 Pa. Code § § 35.131, 35.201, 35.202 and 35.205.

The provisions of this § 1113.3 amended October 3, 2003, effective October 4, 2003, 33 Pa.B. 4900.

Notation

Authority

The provisions of this § 1113.3 amended under section 2102(g) of The Administrative Code of 1929 (71 P. S. § 532(g)).

Cross References

This section cited in 28 Pa. Code § 1109.3 (relating to time limits for action); and 28 Pa. Code § 1113.2 (relating to administrative appeal procedures).