1102 - Hearings before the bureau.

     § 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.