Pennsylvania Statutes Title 4 P.S. Amusements § 411. Hearings

(a) Hearing.--Whenever an owner or lessee of an amusement ride or attraction notifies the department in writing that the owner or lessee intends to contest any notice issued pursuant to section 10,  1 the secretary shall grant a hearing within seven days after receipt of notification by the department.

(b) Hearing examiner.--The secretary may appoint a hearing examiner to conduct hearings and make determinations upon any proceeding instituted before the secretary and any motion in connection therewith. The hearing examiner shall prepare an official record with testimony and report his determination in writing.

(c) Report.--The report of the hearing examiner shall become final unless, within seven working days after it is issued, any affected owner or lessee requests, in writing, a review by the secretary of the proceedings before the hearing examiner.

(d) Order.--After a review of the proceedings, the secretary shall, with or without a hearing, issue an order affirming, modifying or vacating the notice or civil penalty or directing other appropriate relief. The secretary's order shall become final 15 days after its issuance.

(e) Abatement.--After an opportunity for hearing as provided in this section, the secretary, upon a showing by an amusement ride or attraction owner or lessee of a good faith effort to comply with the abatement requirements, may issue an order affirming or modifying the abatement requirements.