Section 51.25. Demand for or waiver of hearing

(a) A respondent shall submit a timely demand for hearing with the answer to the order to show cause. The demand shall be in writing and shall be accompanied by a nonrefundable filing fee of $35 in the form of a money order, certified check or bank cashier’s check made payable to ‘‘Pennsylvania Fish and Boat Commission.’’ A hearing will not be conducted nor a demand deemed filed until the complete filing fee is received by the Commission in the form specified and within the time frame designated. Failure to file a demand for a hearing or to submit the filing fee in the amount and form specified within the time limit set for filing an answer will be deemed a waiver of the right to hearing. The Commission will return to the respondent any filing fee that it receives that does not comply with this subsection.

(b) A respondent may choose to waive a hearing and submit written comments, objections or matters in mitigation or extenuation with regard to the proposed suspension, denial or revocation.

(c) If a respondent demands a hearing and subsequently fails to appear at the hearing after being given written notice of the date and time, the respondent’s failure to appear will be deemed a waiver of the right to a hearing, and a hearing will not be conducted and the filing fee will not be refunded.

(d) Subsection (a) supplements 1 Pa. Code § § 33.21 and 33.22 (relating to filing fees; and mode of payment of fees).

The provisions of this § 51.25 amended December 7, 2001, effective December 8, 2001, 31 Pa.B. 6669. Immediately preceding text appears at serial page (257194).