Section 121.27a. Bureau intervention and penalties

(a) If the workers’ compensation judge determines that penalties resulting from an alleged violation of the act or regulations in this part may be imposed on a party under section 435 of the act (77 P. S. § 991), the workers’ compensation judge may notify the Bureau in writing within 20 days of the notice of the alleged violation.

(b) The workers’ compensation judge will include a description of the nature of the alleged violation in the notice and will provide the Bureau with an opportunity to participate in the proceeding as an intervening party. The workers’ compensation judge simultaneously will provide a copy of the notification to all parties.

(c) Within 20 days after receipt of the notice, the Bureau will notify the workers’ compensation judge and the parties of its decision to participate in the proceeding or to allow the proceeding to continue without intervention. If the Bureau fails to respond to the notification within 20 days, the Bureau will not have intervened. By not intervening before the workers’ compensation judge, the Bureau has not waived its right to intervene in a different forum or following additional notice from the workers’ compensation judge in the same proceeding.

(d) Nothing in this section may be construed to require the Bureau to intervene in any matter or to restrain a workers’ compensation judge from notifying the Bureau of a further alleged violation of the act or regulations in a case.

(e) This section supplements § § 131.121 and 131.122 (relating to penalty proceedings initiated by a party; and other penalty proceedings).

The provisions of this § 121.27a adopted August 3, 2007, effective August 4, 2007, 37 Pa.B. 4181.