Section 3.11. Decision of the Secretary

(a) The recommendation of the hearing examiner shall be reviewed by the Secretary or his designee.

(b) After a recommendation has been proposed by the hearing examiner, the parties will not be afforded an opportunity to submit oral or written statements of their position to the Secretary or his designees.

(c) Findings of fact made by the hearing examiner are subject to review and reversal by the Secretary. The Secretary or his designee may return the case to the hearing examiner for further findings of fact.

(d) The Secretary or his designee will issue an opinion and order following the conclusion of the hearing.

Notation

Notes of Decisions

Where Department has promulgated specific regulations providing that the hearing officer shall issue only a recommendation as to the correct result and all recommendations must be reviewed by the Secretary or a designee, general provision for formal administrative proceedings is inapplicable. Reynolds v. Department of Aging, 570 A.2d 1373 (Pa. Cmwlth. 1990).

Cross References

This section cited in 6 Pa. Code § 11.292 (relating to written request for appeal).