Current through Register Vol. 54, No. 45, November 9, 2024
Section 42.62 - Request for a preliminary hearing(a) If a case is closed under § 42.61 (relating to dismissal of complaints), the complainant may file a request for a preliminary hearing within 10 days of receipt of the notice of the closing of the complaint.(b) The request for a preliminary hearing may be made only once for each ground of closing.(c) A request for a preliminary hearing shall be in writing, state specifically all grounds on which the complainant disputes the Commission's stated reasons for closing the case, and may contain new evidence not previously considered by the Commission.(d) The Commission will forward a copy of the request for a preliminary hearing and material in support thereof to the respondent, who shall have the right to respond thereto within 10 days of receipt of the copy.The provisions of this §42.62 adopted August 13, 1976, effective 8/14/1976, 6 Pa.B. 1887; amended July 24, 1981, effective 7/25/1981, 11 Pa.B. 2608; amended April 19, 1991, effective 4/20/1991, 21 Pa.B. 1909. This section cited in 16 Pa. Code § 42.61 (relating to dismissal of complaints); and 16 Pa. Code § 42.76 (relating to rescission of finding of probable cause).