Pennsylvania Statutes Title 70 P.S. Securities § 1-607. Hearings and judicial review

(a) Within thirty days after receipt of a summary order issued under section 204(b), 208(c), 211(c), 305(d), 606(c) or 606(c.1),  1 the person against whom the order was issued and entered may file with the commission a written request for a hearing in respect to any matters determined by the order. Upon receipt of the written request, the matter shall be set down for a hearing to commence within thirty days after receipt of the request unless the person making the request consents to a later date. If the person making the request consents to a later date for the hearing but fails, after notification by first class mail to the person's last known address in the department's files, to consent to a hearing date that is within one hundred eighty days of the date the written request for a hearing was filed with the commission under this subsection, the request for hearing shall be deemed abandoned, and the summary order shall be deemed a final order. After hearing, the commission may determine to modify or vacate the summary order or make it a final order. If no hearing is requested or a request for a hearing is filed untimely, the summary order shall be deemed to be a final order.

(b) Deleted by 2014, June 10, P.L. 678, No. 52, § 30, effective in 60 days [Aug. 11, 2014].

(c) Hearings and rehearings shall be public.

(d) Orders of the department shall be subject to judicial review in accordance with law, but orders originally entered without a hearing may be reviewed only if the party seeking review has filed a request for a hearing within the time provided under subsection (a). Filing for judicial review of a department order shall not operate as a stay of the department's order unless specifically ordered by the court.

(e) All administrative proceedings conducted by the department pursuant to this act shall be subject to the requirements of 2 Pa.C.S. (relating to administrative law and procedure). For purposes of this subsection, the term “administrative proceeding” means any proceeding other than a judicial proceeding, the outcome of which is required to be based on a record or documentation prescribed by law, or in which law or regulation is particularized in application to a person subject to this act. The provisions of this subsection shall supplement and not repeal or limit requirements of 2 Pa.C.S.