Section 5.27. Reconsideration and appeal

(a) Reconsideration of initial determination. An applicant may ask the Commission to reconsider its initial determination within 30 days after notification of the original determination by submitting a written request, together with a statement of reasons or additional information, to the Bureau.

(b) Appeals. A person aggrieved by a determination of the Commission may appeal to the Adjutant General as provided in 51 Pa.C.S. § 8505 (relating to appeals) within 30 days after notification of the Commission determination. An appeal shall be in writing and state the reasons for the appeal. The Adjutant General, in consultation with the Chairperson of the Commission, will appoint a member of the Commission or other qualified individual to serve as a presiding officer to hear the appeal and prepare and file a proposed report on the matter as provided by 1 Pa. Code Chapter 35 Subchapter G (relating to proposed reports). The Adjutant General will issue the final administrative adjudication of appeals under this subsection.

(c) Supersession. Subsections (a) and (b) supersede 1 Pa. Code § 35.20 (relating to appeals from actions of the staff).

The provisions of this § 5.27 adopted August 23, 1991, effective August 24, 1991, 21 Pa.B. 3813.

Notation

Authority

The provisions of this § 5.27 issued under the Military Code, 51 Pa.C.S. § 1704(7).