[HISTORY: Adopted by the Department of Health of Allegheny County. Amendments noted where applicable.]
Article I Hearings and Appeals
This article provides for appeals to and hearings before the Director of the Allegheny County Health Department, sets forth definitions, and outlines procedures governing hearings and appeals.
The following words and phrases when used in this article shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:
- Any order, notice, decision, determination or ruling by the Department affecting personal or property rights, privileges, immunities, duties, liabilities or obligations of any person.
- This article (Article XI) of the Rules and Regulations of the Allegheny County Health Department governing hearings and appeals.
- The Allegheny County Health Department.
- The Director of the Allegheny County Health Department or his/her duly authorized representative.
- NOTICE OF APPEAL
- A written appeal that complies with all of the requirements of § 805-4 of this article.
- A. Any person perfecting an application for hearing or appeal under the provisions of this article;
- B. Any person permitted by the Director to intervene in a hearing or appeal conducted pursuant to the provisions of this article;
- C. The Allegheny County Health Department; and
- D. Any person against whom action may be taken after hearing or opportunity for hearing.
- Any individual, firm, corporation, partnership, association, political subdivision, municipal authority, or other entity.
Any person aggrieved by an action of the Department and who has a direct interest in such action may file a notice of appeal.
The notice of appeal shall be filed no later than 10 days after written notice or issuance of the action by which the appellant is aggrieved.
The notice of appeal must be signed by the person aggrieved or by his or her duly authorized attorney or agent and must contain the names, addresses, and telephone numbers of the appellant and his or her duly authorized attorney or agent, if any, and shall set forth with particularity the manner in which the appellant is aggrieved by the action of the Department, the extent to which the appellant has a direct interest in the action and the grounds for his or her appeal.
The notice of appeal shall be filed in the Office of the Director, 3333 Forbes Avenue, Pittsburgh, Pennsylvania 15213.
All actions of the Department shall become final 10 days after written notice or issuance if no appeal has been perfected within that period under the provisions of this section.
The Director shall schedule a full evidentiary hearing to determine any material or substantial issue of fact raised in any notice of appeal filed under the provisions of § 805-4 of this article. Within 20 days after receipt of a notice of appeal, the Director shall give written notice to all parties of the time and place of the scheduled hearing.
If the parties, in writing, stipulate to all material facts, agree to waive their right to a hearing, or agree to submit all evidence in writing, by affidavit or deposition, no hearing shall be held.
If the Director determines that a formal hearing will not contribute to a determination of an appeal raising only physical or technical issues of fact that can be resolved by inspection, examination or testing, or raising only legal issues, no hearing shall be held. In lieu of holding a formal hearing, the Director shall comply with the provisions of § 805-8 of this article.
If a hearing is not held, the Director may consider written materials, including, but not limited to, briefs, photographs and affidavits which, within the time prescribed by the Director, shall be filed in the office of the Director and served upon all parties.
The Director, on his or her own motion, may initiate a hearing by issuing a notice of hearing, which shall notify a person of his or her right to appear and show cause why the Department should not take such action as is proposed and specified therein. All notices of hearing shall be in writing and shall be served upon all parties at least 10 days prior to the hearing, and shall state the time and place of the hearing, and the proposed action of the Department.
The Director may cause notice of any hearing to be published in the Pittsburgh Legal Journal and one newspaper of general circulation.
Procedure at hearing.
Any person may be represented at a hearing by counsel. A partnership maybe represented by any of its members, a corporation or association by any of its officers, and an authority or agency by an officer, or employee duly authorized in writing to represent the authority or agency.
Examination and cross-examination of witnesses shall be permitted by all parties.
No document or written material of any kind shall be introduced in evidence until a copy of the document or writing is furnished to every party.
The Director may, on his or her own motion, or at the request of any party, subpoena witnesses and any material relevant to the proceedings.
All hearings shall be open to the public unless deemed confidential by the Director acting upon his or her own motion or upon consideration of any party's motion, for good cause shown or when confidentiality is required by law.
The Director may provide that all testimony be stenographically recorded, and may keep a full and complete record of the proceedings. In the event the Director does not provide for recording of the testimony, such testimony shall be stenographically recorded at the request of any party agreeing to pay the costs thereof.
The person filing the appeal shall bear the burden of proof and the burden of going forward with respect to all issues.
In hearings held pursuant to § 805-5A of this article, the Director shall hear and admit only such testimony and evidence as is relevant to the matters and issues set forth in the notice of appeal.
The Director may dismiss any appeal, or part thereof, upon failure of the appellant to appear at any scheduled hearing or to go forward with respect to any issue.
All requests for postponements of any scheduled hearings shall be filed in writing with the Director at 3333 Forbes Avenue, Pittsburgh, Pennsylvania 15213, and written notice given to all parties at least three days before the date set for such hearing. All postponements shall be within the discretion of the Director.
The Director shall, within a reasonable period of time after service of all materials submitted by the parties, after close of any hearing or rehearing, or after any inspection or test is conducted under § 805-8, render a written decision on the matter in controversy. The Director shall make findings, give reasons for the decision and the decision shall be served personally or by mail upon all parties.
The Director, on his or her own motion, or at the request of any party, may hold a conference prior to, or during, or in lieu of, a hearing for the purpose of hearing offers of settlement or compromise or for the purpose of narrowing the matters in controversy. Any agreement entered into at such conference shall be in writing and shall be signed by all parties.
All parties to the proceedings shall be notified of the time and place of the conference and shall have the right to be present at the conference.
The Director may close the conference to the public.
Where only legal questions or physical or technical facts are at issue in an appeal, and the Director determines that a formal hearing will not contribute to a resolution of the matters in issue, he or she must, within 20 days from receipt of the notice of appeal, conduct or order the conduct of an inspection, examination, or test, or request the filing of written briefs. The Director must otherwise comply with every other provision of this article.
The Director may, at the request of any party, grant the right to a rehearing. All applications for rehearing shall be filed in the office of the Director and served upon all parties within 15 days after the date of the decision of the Director. The application shall include a short and concise statement setting forth the grounds for the request. The Director shall, within a reasonable period of time after request for rehearing, deny the rehearing or give notice of the time and place of the rehearing, and conduct that hearing in accordance with § 805-5 of this article.
Any party who is aggrieved by any decision of the Director rendered pursuant to § 805-6 of this article may appeal therefrom to the Court of Common Pleas of Allegheny County as provided by law.
The filing of a notice of appeal shall not stay any action by the Department or hold in abeyance any order of the Director unless a stay of proceedings is granted by the Director.
A petition for stay of proceedings may be filed at any time during the pendency of an appeal in the office of the Director, and shall set forth with particularity the reasons for which it is requested. Copies of any such petition shall be served on all parties.
The Director may, upon petition, or on his or her own motion, grant a stay of proceedings, except that a stay may not be granted where it may result in serious and immediate danger to the public health and welfare.
The grant of a stay shall suspend the effect of the appealed action of the Department, but shall not stay any action of the Department which is not subject to the appeal, nor shall it stay the enforcement of any Department rule or regulation.
Where notice is given by United States mail, the time of service of such notice shall be the date of posting.
This article shall not apply to any proceedings initiated before the Allegheny County Air Pollution Hearing Board.
This article shall not govern procedures in informal conferences held by the Department in the ordinary course of the administration of its rules and regulations, nor shall it in any way limit the right of the Department to conduct such conferences or the right of any person to request that such conferences be held.
This article shall not apply to the procedures governing the employment or dismissal of Department personnel.
The provisions of Article XI, effective the 15th day of March, 1958, are hereby repealed.