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Hearings before the bureau - 67 Pa. Cons. Stat. § 1102

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     § 1102.  Hearings before the bureau.
        (a)  General rule.--A provider that is aggrieved by a
     decision of the department regarding the program may request a
     hearing before the bureau in accordance with this chapter.
        (b)  Filing.--
            (1)  Except as provided in paragraph (2), a provider must
        file a request for a hearing with the bureau in accordance
        with all of the following:
                (i)  The request must be in writing.
                (ii)  The request must be filed with the bureau:
                    (A)  within 30 days of the date of the notice of
                the departmental action; or
                    (B)  if notice was given by mail, within 33 days
                of the date of the notice of the departmental action.
                (iii)  If the request was filed by first-class mail,
            the United States postmark appearing upon the envelope in
            which the request was mailed shall be considered the
            filing date. The filing date of a request filed in any
            other manner or bearing a postmark other than a United
            States postmark shall be the date on which the request is
            received in the bureau.
            (2)  Paragraph (1) does not apply in the following cases:
                (i)  In a nunc pro tunc hearing under subsection (c).
                (ii)  To the extent set forth in the standing order
            of the bureau issued under subsection (g).
                (iii)  To the extent modified by regulations
            promulgated under section 1106 (relating to regulations).
        (c)  Hearings nunc pro tunc.--The bureau, upon written
     request and for good cause shown, may grant leave for the filing
     of requests for hearing nunc pro tunc pursuant to the common law
     standards applicable in analogous cases in courts of original
     jurisdiction.
        (d)  Amendment.--A request for a hearing may be amended as of
     right within 90 days after the date of filing of the request.
        (e)  Adjudication.--
            (1)  The bureau shall hold hearings and conduct
        adjudications regarding timely filed requests for hearing in
        accordance with 2 Pa.C.S. Ch. 5 Subch. A (relating to
        practice and procedure of Commonwealth agencies).
            (2)  Notwithstanding paragraph (1), in holding hearings
        and conducting adjudications, the bureau shall do all of the
        following:
                (i)  Act independently of employees or public
            officials of the department whose actions are subject to
            review before the bureau.
                (ii)  Not engage in ex parte communications
            concerning a hearing with any party to the hearing.
                (iii)  Promptly adjudicate timely filed requests for
            hearing.
                (iv)  Establish deadlines for interim and final
            actions by the bureau and parties to any proceeding
            before the bureau.
                (v)  Allow reasonable and necessary discovery in the
            form of interrogatories, requests for the production of
            documents, expert reports, requests for admissions and
            depositions of witnesses and designees of parties,
            subject to case management plans and limitations as
            necessary to facilitate the prompt and efficient issuance
            of adjudications.
                (vi)  Consider and, when appropriate, grant
            applications by affected parties to consolidate hearings
            involving substantially similar or materially related
            issues of law or fact.
                (vii)  Conduct de novo review of all factual and
            legal issues raised by a provider in the request for
            hearing based upon evidence presented to the bureau.
                (viii)  Except as prohibited by statute or
            regulation, index and publish at reasonable costs
            determinations issued by the bureau and final orders
            issued by the secretary adjudicating requests on or after
            the effective date of this section. By July 1, 2003, the
            bureau shall make the determinations, final orders and
            index available electronically without cost to the
            public.
        (f)  Mediation.--The bureau may establish programs and
     procedures to promote the settlement of matters subject to its
     jurisdiction or to narrow issues subject to dispute through the
     use of mediation and arbitration.
        (g)  Standing order.--By July 1, 2003, the bureau shall,
     after receiving comment by interested parties, issue a standing
     order establishing rules governing practice before the bureau.
     The standing order shall be published in the Pennsylvania
     Bulletin. The standing order of the bureau shall be effective
     until modified by regulation.

        Cross References.  Section 1102 is referred to in section
     1104 of this title.

Last modified: November 27, 2007