|(a) An entity may appeal a sanction, other than a reprimand,
unless the sanction was ordered or directed by the federal government,
by delivering to the executive director a written notice of appeal
within 10 working days after the effective date of the sanction as
specified in the notice of sanction. If the notice of appeal is timely
delivered, the entity will be given the opportunity for an informal
hearing before the executive director. The executive director will
set a time for the hearing at the executive director's earliest convenience.
The executive director will set time the maximum allowed for oral
presentations and the procedure for written documents to be presented
by the entity. After the hearing the executive director will make
a determination on the imposition of the sanction and may impose a
lesser sanction. The executive director will notify the entity in
writing within 5 working days of the executive director's determination
on the appeal.
(b) If the entity is dissatisfied with the determination
of the executive director, the entity may request an administrative
hearing under §1.21 et seq. of this title (relating to Procedures
in Contested Cases). To be effective the request must be received
by the executive director within 10 working days after the date that
the executive director mails the notification of determination under
subsection (a) of this section.
(c) The proposal for decision will be presented to
the commission at a regularly scheduled open meeting. The commission
may consider oral presentations. The commission will make a determination
based on the proposal for decision. The commission's determination
on the proposal for decision will be adopted by minute order and reflected
in the minutes of the meeting.
(d) If an appeal to the executive director or by an
administrative hearing, as appropriate, is not timely requested under
this section, the executive director will issue a final order imposing
the sanction when the deadline for requesting an appeal has passed.
If an appeal is timely requested, the executive director will issue
a final order based on one of the following:
(1) the executive director's determination under subsection
(a) of this section; or
(2) the commission's determination under subsection
(c) of this section.
(e) If the only sanction being imposed is a reprimand,
the entity may appeal the reprimand by delivering to the executive
director a written notice of appeal and written documentation disputing
the reprimand within 10 working days after the effective date of the
sanction as specified in the notice of sanction. The executive director
will make the determination on an appeal and issue a final order under
this subsection. A final order issued under this subsection is not
subject to judicial review, except as required by law.
(f) A sanction is effective on the later of the date
specified in the notice of sanction under §10.253 of this subchapter
(relating to Notice of Sanction; Suspension) or the date of, or specified
in, the final order issued by the executive director under this section.
(g) Subsections (b) - (e) of this section do not apply
to the sanction of removal a person's or a firm's precertification
under §10.254(b) of this subchapter (relating to Available Sanctions).
The executive director may not delegate authority provided under subsection
(a) of this section for the appeal of removal a person's or a firm's
precertification under subsection (b) of this section.