Administrative Hearing Request Packet - Pennsylvania

ADMINISTRATIVE HEARING REQUEST PACKET

COMMONWEALTH OF PENNSYLVANIA

ADMINISTRATIVE HEARING — 2 Pa.C.S. CHAPTER 5

PART I: COVER SHEET AND FILING INFORMATION

Case Information

Type of Agency Action Being Challenged

☐ Denial of License, Permit, or Certification
☐ Revocation of License, Permit, or Certification
☐ Suspension of License, Permit, or Certification
☐ Refusal to Renew License, Permit, or Certification
☐ Denial of Benefits or Services
☐ Reduction, Suspension, or Termination of Benefits
☐ Imposition of Fine, Penalty, or Civil Money Penalty
☐ Enforcement Action / Compliance Order
☐ Denial of Application or Petition
☐ Rate Determination or Adjustment
☐ Assessment or Tax Determination
☐ Environmental Permit or Enforcement Action
☐ Other Agency Action: [________________________________]

Petitioner / Appellant Information

Attorney / Representative Information

Respondent Agency Information

PART II: PETITION FOR ADMINISTRATIVE HEARING

BEFORE THE [NAME OF AGENCY OR HEARING BODY]

COMMONWEALTH OF PENNSYLVANIA

In the Matter of:

[________________________________]

Docket No.: [________________________________]

PETITION FOR HEARING / APPEAL

Pursuant to 2 Pa.C.S. §§ 501-508 and 1 Pa. Code Part II

TO: [NAME OF AGENCY OR HEARING BODY]

The undersigned Petitioner, [________________________________] ("Petitioner"), by and through [his/her/its/their] attorney, [________________________________], Esq. (or appearing pro se), hereby petitions for an administrative hearing and appeals from the action of [NAME OF AGENCY] pursuant to 2 Pa.C.S. §§ 501-508 (Administrative Agency Law), 1 Pa. Code Part II (General Rules of Administrative Practice and Procedure), and the applicable regulations of the Agency, and respectfully states as follows:

Basis for Hearing Request

1. Agency Action Challenged: On or about [__/__/____], the [NAME OF AGENCY] ("Agency") issued [describe the specific agency action — e.g., a Notice of Denial, an Order of Revocation, a Notice of Proposed Action, a Determination regarding, an Adjudication and Order, etc.] ("Agency Action") pertaining to [________________________________].

2. Date of Service: The Agency Action was served upon Petitioner on [__/__/____] by [certified mail / personal service / regular mail / electronic service].

3. Timeliness: This Petition is timely filed within [____] days of [service of the Agency Action / receipt of the Agency Action / publication in the Pennsylvania Bulletin], as required by [cite specific statute or regulation providing the deadline — e.g., 1 Pa. Code § 35.20, agency regulation, etc.].

4. Statutory Authority for Hearing: Petitioner is entitled to an administrative hearing pursuant to:
   - 2 Pa.C.S. § 504 (no adjudication valid unless party afforded reasonable notice and opportunity to be heard)
   - 1 Pa. Code Part II (General Rules of Administrative Practice and Procedure)
   - [________________________________] (specific enabling statute)
   - [________________________________] (specific agency regulation)
   - [________________________________] (additional authority, if any)

5. Type of Hearing Requested:
   ☐ De novo hearing before an administrative law judge or presiding officer
   ☐ Review of agency record
   ☐ Formal hearing under 1 Pa. Code Chapter 35
   ☐ Other: [________________________________]

PART III: STATEMENT OF THE CASE

A. Parties

6. Petitioner, [________________________________], is a [individual residing / corporation organized under the laws of Pennsylvania / limited liability company / partnership / other: ________________________________] with a principal place of [business / residence] located at [________________________________], County of [________________________________], Commonwealth of Pennsylvania.

7. Respondent, [NAME OF AGENCY], is a Commonwealth agency as defined by 2 Pa.C.S. § 101, [created and existing under [cite enabling statute] /] with offices located at [________________________________], Harrisburg, Pennsylvania [ZIP].

B. Factual Background

8. [Provide a concise narrative of the factual background giving rise to the agency action. Include relevant dates, events, communications, and the sequence of events leading to the agency's action.]

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

9. On or about [__/__/____], [describe the triggering event — e.g., Petitioner submitted an application to the Agency for ____, the Agency commenced an investigation regarding ____, the Agency conducted an inspection of Petitioner's facility at ____, Petitioner received services/benefits under ____, etc.].

[________________________________]
[________________________________]
[________________________________]

10. On or about [__/__/____], the Agency [describe the agency's response or action — e.g., issued a notice of proposed action, denied Petitioner's application, issued a compliance order, served Petitioner with a notice of violation, reduced Petitioner's benefits, etc.].

[________________________________]
[________________________________]
[________________________________]

11. The Agency's action was based upon the following stated reasons:

a. [________________________________]
b. [________________________________]
c. [________________________________]
d. [________________________________]

12. Petitioner contends that the Agency's action is [erroneous / not supported by substantial evidence / contrary to law / a violation of constitutional rights / an abuse of discretion / in violation of proper procedure / other: ________________________________] for the reasons set forth herein.

C. Specific Agency Action Being Challenged

13. The specific agency action being challenged is: [________________________________].

14. A true and correct copy of the Agency's [notice / order / determination / adjudication] dated [__/__/____] is attached hereto as Exhibit A.

15. [If applicable: Petitioner has previously [filed an internal appeal / requested reconsideration / exhausted mandatory prelitigation procedures] on [__/__/____], which resulted in [________________________________]. Documentation is attached as Exhibit B.]

PART IV: JURISDICTIONAL STATEMENT

16. Jurisdiction for this hearing is proper pursuant to:

a. 2 Pa.C.S. § 504 — Provides that no adjudication of a Commonwealth agency shall be valid as to any party unless that party has been afforded reasonable notice of a hearing and an opportunity to be heard.

b. 2 Pa.C.S. § 501 — Provides that this subchapter (Practice and Procedure) applies to all Commonwealth agencies and shall be liberally construed to secure the just, speedy, and inexpensive determination of every action.

c. 1 Pa. Code § 35.1 et seq. — The General Rules of Administrative Practice and Procedure govern the conduct of formal proceedings before Commonwealth agencies, except as superseded by agency-specific regulations.

d. [________________________________] — [Cite the specific enabling statute that requires or permits a hearing for the type of agency action at issue — e.g., 63 P.S. § ____ (professional licensure), 35 P.S. § ____ (health facility), 71 P.S. § ____ (Administrative Code), etc.].

17. Petitioner has standing to petition for a hearing because [he/she/it] is a "party" as defined by 2 Pa.C.S. § 101, being a person whose legal rights, duties, obligations, privileges, benefits, or other legal relations are determined or proposed to be determined by the Agency's adjudication.

18. This matter is ripe for hearing because the Agency has issued an [adjudication / proposed action / notice of intent / determination] that directly affects Petitioner's rights and from which a hearing is available under applicable law.

19. Petitioner has exhausted all administrative prerequisites required before requesting this hearing, including: [________________________________] [or: No administrative prerequisites are required before requesting this hearing].

PART V: STATEMENT OF ISSUES

The following issues are presented for determination in this administrative hearing:

Issue 1:

Whether the Agency's [describe the specific action — e.g., denial of Petitioner's license application, revocation of Petitioner's certification, imposition of a civil money penalty of $____, termination of Petitioner's benefits] is supported by substantial evidence and is in accordance with law, as required by 2 Pa.C.S. § 704.

[________________________________]

Issue 2:

Whether the Agency [describe procedural or substantive issue — e.g., provided Petitioner with reasonable notice and opportunity to be heard as required by 2 Pa.C.S. § 504, properly applied the standards of [statute/regulation], followed its own regulations in making the determination, etc.].

[________________________________]

Issue 3:

Whether [describe additional legal or factual issue — e.g., the Agency's findings of fact are supported by substantial evidence in the record, the Agency's interpretation of [statute/regulation] is correct, Petitioner is entitled to the relief sought, etc.].

[________________________________]

Issue 4:

Whether [________________________________].

Issue 5:

Whether [________________________________].

(Petitioner reserves the right to supplement this statement of issues as additional facts and legal issues become known through discovery and the course of proceedings.)

PART VI: STATEMENT OF FACTS

Petitioner alleges the following facts in support of this Petition:

Background Facts

1. [________________________________]

2. [________________________________]

3. [________________________________]

4. [________________________________]

5. [________________________________]

Facts Relating to Petitioner's Compliance / Qualifications

6. [________________________________]

7. [________________________________]

8. [________________________________]

9. [________________________________]

10. [________________________________]

Facts Relating to the Agency's Action

11. [________________________________]

12. [________________________________]

13. [________________________________]

14. [________________________________]

15. [________________________________]

Facts Demonstrating Error in the Agency's Action

16. [________________________________]

17. [________________________________]

18. [________________________________]

19. [________________________________]

20. [________________________________]

Facts Relating to Harm and Prejudice

21. As a direct result of the Agency's action, Petitioner has suffered and/or will suffer the following harm and prejudice: [________________________________].

22. [________________________________]

23. [________________________________]

24. [________________________________]

25. [________________________________]

(Petitioner reserves the right to supplement this Statement of Facts as additional facts become known through discovery and investigation.)

PART VII: LEGAL BASIS FOR CHALLENGE

Petitioner challenges the Agency's action on the following legal grounds:

Ground 1: The Agency's Action Is Not Supported by Substantial Evidence

26. Under 2 Pa.C.S. § 704, a reviewing body shall affirm an agency adjudication unless it finds that the adjudication is not supported by substantial evidence. "Substantial evidence" is defined as "such relevant evidence as a reasonable mind might accept as adequate to support a conclusion." Norfolk & Western Ry. Co. v. Pa. PUC, 489 Pa. 109 (1980). The Agency's action fails this standard because: [________________________________].

27. [________________________________]

Ground 2: The Agency's Action Is Not in Accordance with Law

28. Under 2 Pa.C.S. § 704, an adjudication may be reversed if it is "not in accordance with law." The Agency's action violates the following statutes and/or regulations:

a. [________________________________], which provides: [________________________________].

b. [________________________________], which provides: [________________________________].

c. [________________________________]

29. [________________________________]

Ground 3: The Agency Violated Petitioner's Constitutional Rights

30. Under 2 Pa.C.S. § 704, an adjudication may be reversed if it is "in violation of the constitutional rights of the appellant." The Agency's action violates Petitioner's rights under [the Pennsylvania Constitution, Article ____, Section ____ / the United States Constitution, Amendment ____], specifically: [________________________________].

31. [________________________________]

Ground 4: The Agency Violated Procedural Requirements

32. Under 2 Pa.C.S. § 704, an adjudication may be reversed if "the provisions of Subchapter A of Chapter 5 (relating to practice and procedure of Commonwealth agencies) have been violated in the proceedings before the agency." The Agency failed to comply with the following procedural requirements:

a. 2 Pa.C.S. § 504 — [failure to provide reasonable notice / failure to provide opportunity to be heard / other: ________________________________]

b. 2 Pa.C.S. § 505 — [failure to maintain a full and complete record / failure to record testimony stenographically / other: ________________________________]

c. 2 Pa.C.S. § 507 — [failure to issue a written adjudication / failure to include findings and reasons / failure to serve the adjudication / other: ________________________________]

d. 1 Pa. Code § [____] — [________________________________]

33. [________________________________]

Ground 5: The Agency Abused Its Discretion

34. The Agency's action constitutes an abuse of discretion because [the proposed sanction is disproportionate to the alleged violation / the Agency failed to consider relevant mitigating factors / the Agency applied an incorrect standard / other: ________________________________].

35. [________________________________]

Ground 6: Additional Legal Grounds

36. [________________________________]

37. [________________________________]

(Petitioner reserves the right to assert additional legal grounds as the case develops.)

PART VIII: RELIEF REQUESTED

WHEREFORE, Petitioner respectfully requests that the [Agency / hearing body / presiding officer]:

1. Schedule a hearing in this matter in accordance with 2 Pa.C.S. § 504 and 1 Pa. Code Part II.

2. Reverse and set aside the Agency's [describe the specific action — e.g., denial of Petitioner's application, order of revocation, imposition of the penalty, etc.] dated [__/__/____].

3. Grant Petitioner [describe the affirmative relief sought — e.g., the license/permit/certification applied for, reinstatement of benefits at the prior level, restoration of Petitioner's license, etc.].

4. Find that the Agency's action is not supported by substantial evidence, is not in accordance with law, violates Petitioner's constitutional rights, and/or was made in violation of required procedures.

5. Issue a supersedeas staying the Agency's action pending the outcome of this hearing, as more fully set forth in Part IX below.

6. Award Petitioner costs and reasonable attorney's fees, if authorized by applicable statute.

7. Grant such other and further relief as the presiding officer or Agency deems just, proper, and equitable.

PART IX: REQUEST FOR SUPERSEDEAS / STAY OF AGENCY ACTION

Petition for Supersedeas

Pursuant to 1 Pa. Code § 35.190 and applicable law, Petitioner hereby petitions for a supersedeas or stay of the Agency's action pending the outcome of this administrative hearing.

Standard for Supersedeas

Under Pennsylvania law, a party seeking a supersedeas must demonstrate:

1. Likelihood of Success on the Merits: Petitioner has a reasonable likelihood of prevailing on the merits because: [________________________________].

2. Irreparable Harm: Petitioner will suffer irreparable harm if the Agency's action is not stayed because: [________________________________].

3. No Substantial Harm to Other Parties: Issuance of a supersedeas will not substantially harm other parties to the proceeding because: [________________________________].

4. Public Interest: A supersedeas would not adversely affect the public interest because: [________________________________].

See Pa.R.A.P. 1732(a) (standard for supersedeas); SEIU Healthcare Pa. v. Commonwealth, 628 Pa. 573 (2014).*

Specific Stay Requested

Petitioner requests that the following specific stay be entered:

[________________________________]
[________________________________]
[________________________________]

Duration of Supersedeas

Petitioner requests that the supersedeas remain in effect until:

☐ The conclusion of the hearing and issuance of a final adjudication
☐ Further order of the presiding officer or Agency
☐ The expiration of the 30-day appeal period to Commonwealth Court
☐ Other: [________________________________]

PART X: DISCOVERY REQUESTS

A. Request for Production of Documents

Pursuant to 1 Pa. Code §§ 35.145-35.152, Petitioner requests that the Respondent Agency produce the following documents within the time permitted by the applicable rules:

1. A complete copy of the administrative file and record relating to the Agency's action being challenged in this matter, including all documents, memoranda, correspondence, reports, and other materials considered by the Agency.

2. All internal memoranda, emails, notes, and communications relating to the Agency's investigation, review, or decision-making process concerning Petitioner.

3. All inspection reports, investigation reports, audit reports, or compliance reviews relating to Petitioner or the subject matter of this proceeding.

4. All policies, procedures, guidelines, manuals, and interpretive materials used by the Agency in making the type of determination at issue in this case.

5. All records of comparable cases in which the Agency has taken similar action against similarly situated parties.

6. All documents the Agency intends to introduce as evidence at the hearing.

7. [________________________________]

8. [________________________________]

9. [________________________________]

10. [________________________________]

B. Interrogatories

Pursuant to 1 Pa. Code § 35.145, Petitioner propounds the following interrogatories to the Respondent Agency:

1. Identify all persons who participated in the investigation, review, evaluation, or decision-making process leading to the Agency's action challenged in this proceeding.

2. State the complete factual basis for the Agency's determination or action.

3. Identify all documents, records, and other materials reviewed or relied upon by the Agency in reaching the action challenged in this proceeding.

4. Describe in detail the procedures and standards applied by the Agency in reaching the determination at issue.

5. State whether the Agency has taken comparable action against other similarly situated parties within the past five (5) years, and if so, identify those parties and describe the outcomes.

6. Identify all expert witnesses, if any, the Agency intends to call at the hearing, along with their qualifications and expected testimony.

7. [________________________________]

8. [________________________________]

C. Request for Subpoenas

Pursuant to 1 Pa. Code § 35.142, Petitioner requests the issuance of subpoenas for the following witnesses and/or documents:

Note: Under 1 Pa. Code § 35.142, subpoenas to compel the attendance of witnesses and the production of documents may be issued by the presiding officer upon proper application.

PART XI: WITNESS LIST

Petitioner identifies the following witnesses who may be called to testify at the hearing:

Fact Witnesses

Expert Witnesses

Note: Expert testimony may be subject to qualification requirements. Expert reports may be required to be exchanged in advance of the hearing, per the presiding officer's scheduling order.

(Petitioner reserves the right to supplement this witness list prior to and during the hearing.)

PART XII: EXHIBIT LIST

Petitioner identifies the following exhibits that may be introduced at the hearing:

(Petitioner reserves the right to supplement this exhibit list prior to the hearing.)

PART XIII: CERTIFICATE OF SERVICE

CERTIFICATE OF SERVICE

I, [________________________________], hereby certify that on this [____] day of [________________________________], [________], a true and correct copy of the foregoing Petition for Administrative Hearing, together with all exhibits and attachments, was served upon the following by the method(s) indicated:

Respondent Agency:

Name: [________________________________]
Bureau/Division: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]

☐ Personal Service
☐ Certified Mail, Return Receipt Requested (Tracking No.: [________________________________])
☐ First Class U.S. Mail, Postage Prepaid
☐ Facsimile (Fax No.: [________________________________])
☐ Electronic Mail (Email: [________________________________])
☐ Electronic Filing System

Agency Chief Counsel / Legal Office (if applicable):

Name: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]

☐ Personal Service
☐ Certified Mail, Return Receipt Requested (Tracking No.: [________________________________])
☐ First Class U.S. Mail, Postage Prepaid
☐ Facsimile (Fax No.: [________________________________])
☐ Electronic Mail (Email: [________________________________])

Additional Party / Intervenor (if applicable):

Name: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]

☐ Personal Service
☐ Certified Mail, Return Receipt Requested
☐ First Class U.S. Mail, Postage Prepaid
☐ Facsimile
☐ Electronic Mail

Signature: [________________________________]
Name: [________________________________]
Date: [__/__/____]

PART XIV: VERIFICATION

VERIFICATION

I, [________________________________], verify that the statements made in the foregoing Petition for Administrative Hearing are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities).

Signature: [________________________________]
Name (Printed): [________________________________]
Title (if applicable): [________________________________]
Date: [__/__/____]

Note: Under Pennsylvania law, verification may be made by unsworn declaration subject to the penalties for unsworn falsification to authorities (18 Pa.C.S. § 4904), rather than requiring notarization. See 1 Pa. Code § 33.12. However, some agencies may require a notarized affidavit. Check the agency's specific requirements.

AFFIDAVIT (If Notarization Required)

COMMONWEALTH OF PENNSYLVANIA
COUNTY OF [________________________________]

Before me, the undersigned authority, personally appeared [________________________________], who, being duly sworn, deposes and states that the facts set forth in the foregoing Petition for Administrative Hearing are true and correct to the best of [his/her] knowledge, information, and belief.

Signature: [________________________________]
Name (Printed): [________________________________]
Date: [__/__/____]

Sworn to and subscribed before me
this [____] day of [________________], [________].

[________________________________]
Notary Public
Commonwealth of Pennsylvania
My Commission Expires: [__/__/____]

(Notary Seal)

PART XV: SIGNATURE BLOCK

Respectfully submitted,

Signature: [________________________________]

Name: [________________________________]

PA Attorney ID Number: [________________________________]

Firm Name: [________________________________]

Address: [________________________________]

City, State, ZIP: [________________________________]

Telephone: [________________________________]

Fax: [________________________________]

Email: [________________________________]

Date: [__/__/____]

Attorney for Petitioner [________________________________]

— OR, if Pro Se —

Signature: [________________________________]

Name: [________________________________]

Address: [________________________________]

City, State, ZIP: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

Date: [__/__/____]

Petitioner, Pro Se

PART XVI: FILING INSTRUCTIONS AND CHECKLIST

Filing Checklist

Complete the following checklist before submitting the petition:

Document Preparation

☐ Petition for Administrative Hearing completed in full
☐ All fillable fields completed with accurate information
☐ Statement of the Case includes complete factual background
☐ Jurisdictional Statement identifies applicable statutes and agency authority
☐ Statement of Issues clearly identifies legal and factual questions
☐ Statement of Facts provides detailed, numbered factual allegations
☐ Legal Basis for Challenge identifies specific statutes, regulations, and legal standards
☐ Relief Requested clearly and specifically stated
☐ Petition for Supersedeas / Stay completed (if applicable)
☐ Discovery Requests prepared (if filing contemporaneously)
☐ Witness List prepared (preliminary)
☐ Exhibit List prepared with copies of referenced documents
☐ Certificate of Service completed
☐ Verification executed (unsworn or notarized, as required)
☐ Signature block completed

Critical Deadline Verification

☐ Date of agency action/notice confirmed: [__/__/____]
☐ Filing deadline calculated per applicable statute/regulation: [__/__/____]
☐ This petition is being filed on or before the deadline: ☐ Yes ☐ No
☐ If the deadline falls on a weekend or state holiday, the next business day applies (1 Pa. Code § 31.12)

Copies and Attachments

☐ Original plus [____] copies prepared (check agency requirements)
☐ Copy of Agency Notice/Order/Determination/Adjudication attached as Exhibit A
☐ Copy of any prior administrative appeals or internal review decisions attached
☐ Supporting documentation organized and labeled
☐ Cover letter addressed to the appropriate filing office (if required)

Filing Method

☐ Filing method confirmed: ☐ In Person ☐ U.S. Mail ☐ Certified Mail ☐ Electronic Filing ☐ Fax
☐ Filing fee paid (if applicable): $[____]
☐ Check made payable to: [________________________________]
☐ Filed with the correct agency or hearing body

Service

☐ Copy served on the Respondent Agency
☐ Copy served on Agency Chief Counsel or Legal Office
☐ Copy served on all other parties or intervenors (if applicable)
☐ Proof of service retained
☐ Certificate of Service completed and filed with the petition

Post-Filing

☐ Confirmation of receipt obtained
☐ Calendar prehearing conference date (when scheduled)
☐ Calendar discovery deadlines (when established)
☐ Calendar hearing date (when scheduled)
☐ Calendar 30-day appeal deadline to Commonwealth Court (from final adjudication)

Agency Filing Addresses

File the petition with the Agency or designated hearing body:

Agency Name: [________________________________]
Hearing Office/Bureau: [________________________________]
Filing Address: [________________________________]
City, State, ZIP: [________________________________]
Attn: [________________________________]
Phone: [________________________________]
Fax: [________________________________]
Email/E-filing: [________________________________]

PART XVII: PENNSYLVANIA-SPECIFIC PRACTICE NOTES

A. Overview of Pennsylvania Administrative Hearing Framework

1. Governing Law: Pennsylvania administrative hearings are governed by a three-tier framework: (a) the Administrative Agency Law, 2 Pa.C.S. Chapters 5 and 7; (b) the General Rules of Administrative Practice and Procedure, 1 Pa. Code Part II; and (c) agency-specific regulations. Where an agency has adopted its own procedural regulations, those regulations control to the extent they differ from the General Rules.

2. Commonwealth Agency Defined: Under 2 Pa.C.S. § 101, a "Commonwealth agency" means any executive agency, independent agency, department, board, commission, or authority of the Commonwealth, but does not include local agencies, courts, or the General Assembly.

3. Adjudication Defined: Under 2 Pa.C.S. § 101, an "adjudication" means any final order, decree, decision, determination, or ruling by an agency affecting personal or property rights, privileges, immunities, duties, liabilities, or obligations of any or all of the parties to the proceeding in which the adjudication is made.

4. Right to Hearing: Under 2 Pa.C.S. § 504, no adjudication of a Commonwealth agency shall be valid as to any party unless that party has been afforded reasonable notice of a hearing and an opportunity to be heard. All testimony shall be stenographically recorded and a full and complete record shall be kept of the proceedings.

B. Key Procedural Requirements

5. Written Adjudication Required: Under 2 Pa.C.S. § 507, all adjudications of a Commonwealth agency shall be in writing, shall contain findings and the reasons for the adjudication, and shall be served upon all parties or their counsel personally or by mail.

6. Record of Proceedings: Under 2 Pa.C.S. § 505, all testimony shall be stenographically recorded and a full and complete record shall be kept of the proceedings.

7. Filing Requirements: Under 1 Pa. Code § 33.11, documents filed with an agency must be filed during the agency's office hours. Under 1 Pa. Code § 33.12, filings may be made by personal delivery, U.S. mail, or as otherwise permitted by the agency.

8. Verification: Under 1 Pa. Code § 33.12, petitions and other documents requiring verification may be verified by unsworn written statement, subject to the penalties of 18 Pa.C.S. § 4904, unless a notarized affidavit is specifically required.

C. Hearing Procedures

9. Presiding Officer: Hearings are conducted by a presiding officer, who may be an administrative law judge, hearing examiner, or other authorized person designated by the agency. The presiding officer has authority to administer oaths, issue subpoenas, rule on evidence, and regulate the course of the hearing (1 Pa. Code § 35.187).

10. Burden of Proof: The party proposing the action generally bears the burden of proof. In license revocation and enforcement cases, the agency bears the burden. In application denial cases, the applicant typically bears the burden. The standard is preponderance of the evidence unless otherwise specified.

11. Rules of Evidence: Formal rules of evidence are relaxed in administrative hearings. Relevant and material evidence is admissible. Hearsay evidence, if probative, may be received but a finding of fact may not rest solely on hearsay evidence. Walker v. Unemployment Comp. Bd. of Review, 27 Pa.D. & C.3d 61 (1983).

12. Cross-Examination: Parties have the right to cross-examine witnesses (2 Pa.C.S. § 504). The presiding officer may also question witnesses.

13. Briefs and Arguments: The presiding officer may permit or require post-hearing briefs, proposed findings of fact, and proposed conclusions of law (1 Pa. Code § 35.191).

D. Specialized Hearing Bodies

14. Pennsylvania has several specialized hearing bodies for specific types of administrative matters:

15. Environmental Hearing Board (EHB): Appeals of DEP actions must be filed with the EHB within 30 days. The EHB has its own procedural rules at 25 Pa. Code Chapter 1021. Filing address: 2nd Floor, Rachel Carson State Office Building, 400 Market Street, Harrisburg, PA 17101-2301.

16. Bureau of Hearings and Appeals (DHS): Appeals of DHS benefits decisions are filed with the DHS Bureau of Hearings and Appeals. Hearings are conducted in accordance with 1 Pa. Code Chapters 31, 33, and 35, as well as 55 Pa. Code Chapter 275.

E. Supersedeas / Stay of Agency Action

17. Supersedeas: A petition for supersedeas (stay) may be filed with the agency, the presiding officer, or, in the case of an appeal, with Commonwealth Court. The standard requires a showing of likelihood of success on the merits, irreparable harm, no substantial harm to other parties, and no adverse effect on the public interest. Pa.R.A.P. 1732(a).

18. Automatic Supersedeas: In certain public assistance cases, filing a timely appeal may result in continuation of benefits pending the hearing outcome (aid-paid-pending). See 55 Pa. Code § 275.4.

F. Appeals to Commonwealth Court

19. Appellate Jurisdiction: The Commonwealth Court of Pennsylvania has exclusive jurisdiction over appeals from final adjudications of most Commonwealth agencies. 42 Pa.C.S. § 763.

20. 30-Day Appeal Period: An appeal from an agency adjudication must be filed with the Commonwealth Court within thirty (30) days of the date of the final adjudication or the date the adjudication is served, whichever is later. Pa.R.A.P. 1512(a).

21. Standard of Review: Under 2 Pa.C.S. § 704, the court shall affirm the adjudication unless it finds that the adjudication is: (1) in violation of the constitutional rights of the appellant; (2) not in accordance with law; (3) made in violation of the procedural requirements of Subchapter A (Practice and Procedure); or (4) not supported by substantial evidence.

22. Filing Requirements for Commonwealth Court:
    - Petition for Review (Pa.R.A.P. 1512, 1513)
    - Filing fee (check current fee schedule)
    - Service on the Attorney General and the agency
    - Filed with the Clerk of Commonwealth Court
    - Address: 601 Commonwealth Avenue, Suite 2100, P.O. Box 69185, Harrisburg, PA 17106-9185

G. Important Pennsylvania Timelines

H. Common Pennsylvania Agencies and Filing Information

NOTE: Always verify the current filing address, required forms, and any agency-specific filing requirements before submitting. Addresses, procedures, and deadlines may change.

PART XVIII: APPENDIX — RELEVANT STATUTORY PROVISIONS

Administrative Agency Law — 2 Pa.C.S. (Selected Provisions)

2 Pa.C.S. § 101 — Definitions

"Adjudication" — Any final order, decree, decision, determination or ruling by an agency affecting personal or property rights, privileges, immunities, duties, liabilities or obligations of any or all of the parties to the proceeding in which the adjudication is made...

"Commonwealth agency" — Any executive agency or independent agency...

"Party" — Any person who appears in a proceeding before an agency who has a direct interest in the subject matter of such proceeding...

2 Pa.C.S. § 501 — Scope of Subchapter

This subchapter applies to all Commonwealth agencies and shall be liberally construed to secure the just, speedy and inexpensive determination of every action.

2 Pa.C.S. § 504 — Hearing and Record

No adjudication of a Commonwealth agency shall be valid as to any party unless he shall have been afforded reasonable notice of a hearing and an opportunity to be heard. All testimony shall be stenographically recorded and a full and complete record shall be kept of the proceedings.

2 Pa.C.S. § 505 — Evidence and Cross-Examination

Commonwealth agencies shall not be bound by technical rules of evidence at agency hearings, and all relevant evidence of reasonably probative value may be received. Reasonable examination and cross-examination shall be permitted.

2 Pa.C.S. § 507 — Adjudications

All adjudications of a Commonwealth agency shall be in writing, shall contain findings and the reasons for the adjudication, and shall be served upon all parties or their counsel personally, or by mail.

2 Pa.C.S. § 702 — Appeals

Any person aggrieved by an adjudication of a Commonwealth agency who has a direct interest in such adjudication shall have the right to appeal therefrom...

2 Pa.C.S. § 704 — Disposition of Appeal

The court shall hear the appeal without a jury on the record certified by the Commonwealth agency. After hearing, the court shall affirm the adjudication unless it shall find that the adjudication is in violation of the constitutional rights of the appellant, or is not in accordance with law, or that the provisions of Subchapter A of Chapter 5 (relating to practice and procedure of Commonwealth agencies) have been violated in the proceedings before the agency, or that any finding of fact made by the agency and necessary to support its adjudication is not supported by substantial evidence...

Sources and References

• Administrative Agency Law, 2 Pa.C.S. §§ 101-754: https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/02/02.HTM
• General Rules of Administrative Practice and Procedure, 1 Pa. Code Part II: https://www.pacodeandbulletin.gov/Display/pacode?file=%2Fsecure%2Fpacode%2Fdata%2F001%2FpartIItoc.html
• Commonwealth Court of Pennsylvania: https://www.pacourts.us/courts/commonwealth-court
• PA DHS Bureau of Hearings and Appeals: https://www.pa.gov/agencies/dhs/resources/hearings-and-appeals/
• Environmental Hearing Board: https://ehb.courtapps.com/
• PA Rules of Appellate Procedure: https://www.pacourts.us/Storage/media/pdfs/20210503/015949-titleparulesofappellateprocedure-000.pdf

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice and should not be used as a substitute for consultation with a qualified attorney licensed in Pennsylvania. Administrative hearing procedures vary significantly by agency and case type. Always verify current statutes, rules, and filing requirements before submitting any documents.