Act 101 Death Benefit – 4 Pa. Code §89.21 – A procedure for Departmental hearing of appeals from decisions by the Bureau of Risk and Insurance Management (Bureau) as to claims for death benefits made pursuant to the act (Emergency and Law Enforcement Personnel Death Benefits Act, Act of June 24, 1976, P.L. 424, No. 101), timely filed within 30 days of notice of the decision of the Bureau. All claims will be evaluated by the Bureau to determine sufficiency of information and verification of data. The Bureau will notify the political subdivision or Commonwealth agency and the claimant of its findings.

 

Upon receipt of an appeal within the Department, it will be transmitted to a Hearing Examiner designated by the Secretary. Within 14 days of receipt of an appeal the Hearing Examiner will set a date for a hearing with notification of the right to introduce relevant witnesses, documents and other evidence. The Hearing Examiner engages a stenographer to record the proceedings. All hearings are held at the Headquarters of the Department in Harrisburg. The claimant may be represented by counsel and the Bureau is represented by counsel. The Hearing Examiner has the power to issue subpoenas for the attendance of witnesses and the production of documents. Examination and cross-examination is permitted as well as post hearing briefs. A written adjudication is issued by the Hearing Examiner. Appeal for judicial review from a final adjudication of the Department shall be to the Commonwealth Court.

 

Act 152 Heart and Lung – Act 193 of 1935, P.L. 477, 53 P.S. §637, et seq the Heart and Lung Act – Applies to law enforcement officers generally and Capitol Police Officers as it relates to the Department, who are injured at work. When a claim for benefits is denied, terminated, or modified by the Department, the claimant is provided with rights to appeal. An arbitrator is selected by the parties jointly. All fees and expenses of the arbitrator are divided equally between the parties. The hearing before the arbitrator is held within ninety calendar days of the filing of the appeal. All witnesses testify under oath and the hearing is conducted pursuant to the Labor Arbitration Rules of the American Arbitration Association. A stenographic record is kept of all arbitration hearings. The arbitrator has to power to issue subpoenas for the attendance of witnesses and the production of documents. The parties may submit proposed findings of fact, conclusions of law, and legal briefs to the arbitrator for review and consideration. Following the arbitration, the arbitrator issues a written decision and supporting opinion. Appeal for judicial review from the decision of the arbitrator shall be to the Commonwealth Court.

 

Bid Protests – 62 Pa. C.S. §§101-4509 – Commonwealth Procurement Code – Following a formal protest by a bidder to a decision by the Department to award a contract, the agency head or his designee shall review the protest, and review all information and documents necessary to render a decision. The agency head must decide whether it is appropriate to conduct a hearing. This decision is discretionary and is not subject to the Administrative Agency Law or rules of administrative or civil procedure. There is no standard rule to control this issue, however if there exists a dispute of material fact that can only be resolved on the basis of testimonial examination and cross-examination then it is advisable to conduct a hearing. The final determination of the agency head must be issued within 60 days of receipt of the protest unless extended by consent of both parties. Appeal for judicial review from the decision of the arbitrator shall be to the Commonwealth Court.

 

Debarment – 4 Pa. Code §60.1, 62 Pa.C.S. §531 – The secretary of the Department or his authorized representative is authorized to debar in the public interest a person for the causes listed in 4 Pa. Code §60.3 and 62 Pa.C.S. §531. Debarments are directly applicable to contracts for construction, alteration, repair, purchase of personal property, services and disposal of property. Debarments are for a reasonable, definitely stated period of time, generally not to exceed three years. The Department’s debarment process consists of three options, the first two are internal determinations based on documents provided. The third involves the assignment of a hearing officer who takes testimony and prepares a report with findings of fact and a decision. Appeal for judicial review from the decision of the hearing examiner shall be to the Commonwealth Court.

 

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