reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart L - State Health Facility Hearing Board › Chapter 197 - PRACTICE AND PROCEDURE › APPEALS FROM DECISIONS PERTAINING TO CERTIFICATES OF NEED › Section 197.36 - Certification of the record below

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department will file with the Hearing
					 Board a certified copy of the record below within 20 days of the filing of a
					 notice of appeal.
(b) In the case
					 of appeals filed under §
											197.32(a)(4)
					 (relating to appealable decisions), the record will consist of the Department's
					 letter of determination that the project is reviewable, together with other
					 documents, telephone logs, memoranda and exchange of correspondence between the
					 Department, the appellant and the health systems agency relating to the
					 determination of reviewability.
(c)
					 The record below shall include the following certification:
(1) The attached documents are a true and
					 complete copy of the official project file of the certificate of need
					 application for Project No. ________.
(2) The official project file of Project No.
					 ______ constitutes the documentary record upon which the Department based its
					 decision on the project.
(3) All
					 documents which were reviewed by the Department during its review of the
					 certificate of need application for Project No. _______ are contained in or are
					 identified in the official project file.
(4) The official project file includes all
					 existing internal notes, work papers and memoranda prepared by, sent to or
					 received by personnel in the Department regarding the certificate of need
					 review of the project. Material within the scope of the attorney-client
					 privilege is excluded.
(5) All
					 communication regarding the certificate of need review of the project between
					 the Department and a person or health systems agency, other than status reports
					 as defined in State and Federal statutes and regulations, are contained in the
					 official project file.
(6) All
					 existing handwritten notes of meetings or communications prepared by Department
					 personnel concerning the certificate of need review of the project are
					 contained in the official project file.
(7) All telephone conversation memoranda and
					 meeting minutes are based upon notes made contemporaneously with the events
					 described therein, even if typed and edited at a later time.
(8) The written policies, practices and
					 procedures of the local health systems agencies are public documents, and, as
					 such, are not included in each individual project file.
(9) Relevant portions of the applicable
					 health systems plan and the State Health Plan are public documents, and, as
					 such, are not included in each individual project file.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart L - State Health Facility Hearing Board › Chapter 197 - PRACTICE AND PROCEDURE › APPEALS FROM DECISIONS PERTAINING TO CERTIFICATES OF NEED › Section 197.37 - Objections to the record

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 party may file objections to the record, in the form set forth in §
											197.38 (relating to form of
					 objection to the record), within 15 days of the filing of the record.
(b) Either the Executive Director upon
					 consultation with at least one member of the Board or a board member will
					 consider the objection to the record and issue a ruling thereon. This
					 subsection supplements 1 Pa. Code §
											35.187(4)
					 (relating to authority delegated to presiding officers).
The provisions of this §
													197.37 amended under section
						  805(b) of the Health Care Facilities Act (35 P. S. §
														448.805(b)); and
						  2
						  Pa.C.S. §
														102(a).
This section cited in 37 Pa. Code §
													197.15 (relating to recording of
						  proceedings); and 37 Pa. Code §
													197.36 (relating to certification
						  of the record below).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart L - State Health Facility Hearing Board › Chapter 197 - PRACTICE AND PROCEDURE › APPEALS FROM DECISIONS PERTAINING TO CERTIFICATES OF NEED › Section 197.38 - Form of objection to record

Current through Register Vol. 54, No. 28, July 13, 2024
The following is the form of objection to the
						record:
Click
						to view image
The provisions of this §
													197.38 amended under section
						  805(b) of the Health Care Facilities Act (35 P. S. §
														448.805(b)); and
						  2
						  Pa.C.S. §
														102(a).
This section cited in 37 Pa. Code §
													197.15 (relating to recording of
						  proceedings); and 37 Pa. Code §
													197.37 (relating to objections to
						  the record).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart L - State Health Facility Hearing Board › Chapter 197 - PRACTICE AND PROCEDURE › APPEALS FROM DECISIONS PERTAINING TO CERTIFICATES OF NEED › Section 197.39 - Consolidation of appeals

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 Hearing Board may, upon its own motion or upon motion of a party, consolidate
					 two or more appeals when:
(1) The appeals
					 relate to the same decision of the Department.
(2) The appeals involve common questions of
					 law or fact.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart L - State Health Facility Hearing Board › Chapter 197 - PRACTICE AND PROCEDURE › APPEALS FROM DECISIONS PERTAINING TO CERTIFICATES OF NEED › Section 197.40 - Preliminary motions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 party may file a motion to strike the appeal on the grounds that appellant
					 lacks standing to file the appeal, or a motion to quash the appeal on the
					 grounds that it does not conform to the act or this chapter. A motion shall be
					 filed within 10 days of the last date for filing of the notice of appeal. This
					 subsection supplements 1 Pa. Code §
											35.54 (relating to motions as to
					 complaint).
(b) Upon receipt of a
					 motion to strike or motion to quash, the Hearing Board may issue a rule to show
					 cause why the appeal should not be stricken or quashed.
(c) The Hearing Board may, on its own motion
					 at any time, issue a rule to show cause why an appeal should not be stricken
					 for lack of standing or quashed for failure to conform to the act or this
					 chapter.
(d) Where the preliminary
					 motion, or an answer thereto, contains allegations of fact which do not appear
					 of record, the allegations shall be verified under oath.
(e) Where a rule to show cause is issued
					 under subsections (b) or (c) all proceedings shall be stayed pending
					 disposition of the matter by the Hearing Board unless the rule to show cause
					 specifically states otherwise.
The provisions of this §
													197.40 amended under section
						  805(b) of the Health Care Facilities Act (35 P. S. §
														448.805(b)); and
						  2
						  Pa.C.S. §
														102(a).
This section cited in 37 Pa. Code §
													197.15 (relating to recording of
						  proceedings).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart L - State Health Facility Hearing Board › Chapter 197 - PRACTICE AND PROCEDURE › APPEALS FROM DECISIONS PERTAINING TO CERTIFICATES OF NEED › Section 197.40a - Petition to intervene

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 petition to intervene may be filed by a person claiming a right to intervene or
					 an interest of the nature that intervention in the proceeding is appropriate.
					 The right or interest includes, but is not limited to, the following:
(1) A right conferred by the laws of the
					 United States or of the Commonwealth.
(2) An interest which may be directly
					 affected and which is not adequately represented by existing parties. The
					 following may have an interest:
(i)
					 Competitors of the certificate of need applicant.
(ii) Consumers, affected persons and directly
					 affected persons, as defined in the act.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart L - State Health Facility Hearing Board › Chapter 197 - PRACTICE AND PROCEDURE › APPEALS FROM DECISIONS PERTAINING TO CERTIFICATES OF NEED › Section 197.41 - Commencement of appeal

Current through Register Vol. 54, No. 28, July 13, 2024
Upon receipt of a notice of appeal, the Board will assign
						the appeal a docket number, and will send a letter of acknowledgement and a
						prehearing briefing schedule to the parties. The appeal will be deemed to
						commence with the mailing of the letter of acknowledgement and prehearing
						briefing schedule.
The provisions of this §
													197.41 amended under section
						  805(b) of the Health Care Facilities Act (35 P. S. §
														448.805(b)); and
						  2
						  Pa.C.S. §
														102(a).
This section cited in 37 Pa. Code §
													197.15 (relating to recording of
						  proceedings).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart L - State Health Facility Hearing Board › Chapter 197 - PRACTICE AND PROCEDURE › APPEALS FROM DECISIONS PERTAINING TO CERTIFICATES OF NEED › Section 197.42 - Appeal briefs

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 appellant shall file an appeal brief with the Hearing Board within 20 days of
					 the certification of the record below.
(b) The appeal brief shall contain:
(1) A summary of the facts.
(2) A statement of the legal issues involved
					 in the appeal.
(3) A statement of
					 the legal arguments upon which the appeal is based.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart L - State Health Facility Hearing Board › Chapter 197 - PRACTICE AND PROCEDURE › APPEALS FROM DECISIONS PERTAINING TO CERTIFICATES OF NEED › Section 197.43 - Reply briefs

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 party of record may file a brief in reply to the appeal brief. The filing of a
					 reply brief is mandatory for a party intending to participate in the hearing.
					 The brief shall be filed within 30 days of the filing of the appeal brief with
					 the Hearing Board.
(b) A reply
					 brief shall contain the following:
(1) A
					 summary of the facts.
(2) A
					 statement of the legal issues involved in the appeal.
(3) A statement of the legal arguments upon
					 which the replying party relies.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart L - State Health Facility Hearing Board › Chapter 197 - PRACTICE AND PROCEDURE › APPEALS FROM DECISIONS PERTAINING TO CERTIFICATES OF NEED › Section 197.43a - Amicus curiae briefs

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 person interested in the questions involved in a matter pending before the
					 Hearing Board may request leave to file a brief amicus curiae in regard to
					 those questions.
(b) The request
					 shall be in the form of a motion for leave to file a brief amicus curiae. The
					 motion shall set forth:
(1) The name and
					 address of the person filing the motion.
(2) If the person filing the motion
					 represents other persons, the identity of the persons.
(3) The nature of the interest of the person
					 filing the motion.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart L - State Health Facility Hearing Board › Chapter 197 - PRACTICE AND PROCEDURE › APPEALS FROM DECISIONS PERTAINING TO CERTIFICATES OF NEED › Section 197.44 - Limitation of issues and evidence

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The appeal shall be limited to those
					 issues raised by the appellant in the specification of objections to the
					 decision of the Department. No issues may be raised which were not raised in
					 the proceedings before the health systems agency or the Department.
(b) The Board will entertain no evidence that
					 the Board is satisfied that the appellant was able, by exercise of reasonable
					 diligence, to have submitted before the health systems agency and the
					 Department. This subsection supersedes in part 1 Pa. Code §
											35.161 (relating to form and
					 admissibility of evidence).
This section cited in 37 Pa. Code §
													197.15 (relating to recording of
						  proceedings); and 37 Pa. Code §
													197.42 (relating to appeal
						  briefs).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart L - State Health Facility Hearing Board › Chapter 197 - PRACTICE AND PROCEDURE › APPEALS FROM DECISIONS PERTAINING TO CERTIFICATES OF NEED › Section 197.45 - Scope of review

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In
					 the case of appeals filed under §
											197.32(1), (2) and
					 (4) (relating to appealable decisions) the
					 Hearing Board will limit its review to the following issues:
(1) Whether the decision of the Department is
					 supported by substantial evidence.
(2) Whether there was a violation of
					 constitutional or statutory law or the regulations of the Department.
(3) Whether there was any prejudicial
					 procedural error committed during the review.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart L - State Health Facility Hearing Board › Chapter 197 - PRACTICE AND PROCEDURE › APPEALS FROM DECISIONS PERTAINING TO CERTIFICATES OF NEED › Section 197.46 - Prehearing conference

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 Hearing Board will schedule a prehearing conference at a time and place to be
					 determined by the Hearing Board. Notice of the prehearing conference shall be
					 sent by first class mail to the parties at least 15 days before the date of the
					 prehearing conference.
(b) Each
					 party shall submit, on the date specified in the order scheduling the
					 prehearing conference, a prehearing memorandum, which shall contain the
					 following information:
(1) A list of exhibits
					 proposed to be offered in evidence.
(2) A list of the witnesses who will testify
					 at the hearing and a brief synopsis of the testimony each witness will
					 offer.
(3) An estimate of the
					 length of time required for the presentation of the party's case.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart L - State Health Facility Hearing Board › Chapter 197 - PRACTICE AND PROCEDURE › APPEALS FROM DECISIONS PERTAINING TO CERTIFICATES OF NEED › Section 197.46a - Decision without hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 At any time following the filing of reply briefs, but not later than 30 days
					 prior to the commencement of the hearing, a party may file a motion for
					 decision without hearing. The motion may include a request for oral argument.
					 The motion shall set forth with specificity the reasons why a hearing is
					 believed to be unnecessary.
(b)
					 Within 10 days of the filing of a motion for decision on the pleadings, a party
					 may file an answer in opposition.
(c) If the motion for decision without
					 hearing is granted, the Hearing Board may require the parties to file a
					 stipulation of facts to supplement the certified record.
The provisions of this §
													197.46a issued and amended under
						  section 805(b) of the Health Care Facilities Act (35 P. S. §
														448.805(b)); and
						  2
						  Pa.C.S. §
														102(a).
This section cited in 37 Pa. Code §
													197.15 (relating to recording of
						  proceedings).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart L - State Health Facility Hearing Board › Chapter 197 - PRACTICE AND PROCEDURE › APPEALS FROM DECISIONS PERTAINING TO CERTIFICATES OF NEED › Section 197.47 - Scheduling and announcement of hearings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Wherever possible, the Hearing Board will
					 schedule a hearing to be held within 30 days of the last date for filing reply
					 briefs or, when a prehearing conference is held, within 30 days of the
					 conference unless this time is extended by mutual agreement of the parties and
					 the Hearing Board.
(b) The Hearing
					 Board will determine the location of the hearing. The hearing will be in the
					 county where the health care facility in question is situated, if possible;
					 otherwise, the hearing will be held in the health service area in which the
					 certificate of need application arises.
(c) The time, date and place of the hearing
					 will be announced by the Hearing Board in the following manner:
(1) By written notice to parties of record no
					 later than 21 days before the hearing date.
(2) By publication in a newspaper of general
					 circulation in the area where the certificate of need application arises. The
					 publication will occur at least 14 days before the date of the
					 hearing.
(3) By publication in the
Pennsylvania Bulletin
at least 14 days before the date of the
					 hearing.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart L - State Health Facility Hearing Board › Chapter 197 - PRACTICE AND PROCEDURE › APPEALS FROM DECISIONS PERTAINING TO CERTIFICATES OF NEED › Section 197.48 - Procedure at hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 party filing the appeal shall have the burden of proof.
(b) The party filing the appeal shall open
					 and close, unless otherwise directed by the hearing board member conducting the
					 hearing. This subsection supplements 1 Pa. Code §
											35.125(a)
					 (relating to order of procedure).
(c) Parties to the proceeding shall have the
					 right of presentation of evidence, cross examination, objection, motion and
					 argument. This subsection supplements 1 Pa. Code §
											35.126 (relating to presentation
					 by the parties).
(d) In the case of
					 appeals involving more than two parties, the Hearing Board member conducting
					 the prehearing conference will establish the order in which the parties shall
					 examine witnesses, conduct cross examination and present opening and closing
					 statements. None of the parties at the prehearing conference shall be required
					 to address substantive matters, including matters of evidence, until the order
					 has been established.
(e) The
					 Hearing Board member conducting the hearing may limit the number of witnesses
					 who may be heard upon an issue. This subsection supplements 1 Pa. Code §
											35.127 (relating to limiting
					 number of witnesses).
(f) A witness
					 shall be sworn or shall affirm before giving testimony. This subsection
					 supplements 1 Pa. Code §
											35.137 (relating to oral
					 examination).
(g) Where documents
					 are offered in evidence, they shall be verified by a witness before being
					 admitted unless the parties agree to their admission without
					 verification.
The provisions of this §
													197.48 amended under section
						  805(b) of the Health Care Facilities Act (35 P. S. §
														448.805(b)); and
						  2
						  Pa.C.S. §
														102(a).
This section cited in 37 Pa. Code §
													197.15 (relating to recording of
						  proceedings).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart L - State Health Facility Hearing Board › Chapter 197 - PRACTICE AND PROCEDURE › APPEALS FROM DECISIONS PERTAINING TO CERTIFICATES OF NEED › Section 197.49 - Correction of transcript

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon
					 the conclusion of the hearing, copies of the transcript shall be provided to
					 those parties requesting them, at cost, as soon as practicable. Within 10 days
					 of the mailing of the transcript, a party may file a motion to correct the
					 transcript, for the purpose of correcting typographical errors and
					 unintelligible phrases and making the transcript conform to the
					 evidence.
(b) Subsection (a)
					 supersedes 1 Pa. Code §
											35.132 (relating to transcript
					 corrections) and supplements 1 Pa. Code §
											35.133 (relating to copies of
					 transcripts).
This section cited in 37 Pa. Code §
													197.15 (relating to recording of
						  proceedings).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart L - State Health Facility Hearing Board › Chapter 197 - PRACTICE AND PROCEDURE › APPEALS FROM DECISIONS PERTAINING TO CERTIFICATES OF NEED › Section 197.50 - Posthearing filings

Current through Register Vol. 54, No. 28, July 13, 2024
At the conclusion of the hearing, the hearing board
						member conducting the hearing shall establish a schedule for the filing of
						posthearing briefs and requests for findings of fact and conclusions of
						law.
This section cited in 37 Pa. Code §
													197.15 (relating to recording of
						  proceedings).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart L - State Health Facility Hearing Board › Chapter 197 - PRACTICE AND PROCEDURE › APPEALS FROM DECISIONS PERTAINING TO CERTIFICATES OF NEED › Section 197.51 - Decision of the Hearing Board

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Upon the expiration of the time period for filing posthearing briefs and
					 requests for findings of fact and conclusions of law, if any, the hearing board
					 member who presided at the hearing shall prepare a proposed adjudication and
					 order for consideration by the full Hearing Board. This subsection supersedes 1
					 Pa. Code §
											35.202 (relating to proceedings in
					 which proposed reports are prepared).
(b) The Hearing Board may:
(1) Affirm the decision of the
					 Department.
(2) Reverse the
					 decision of the Department.
(3)
					 Remand the matter to the Department for further action consistent with order of
					 the Hearing Board.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart L - State Health Facility Hearing Board › Chapter 197 - PRACTICE AND PROCEDURE › APPEALS FROM DECISIONS PERTAINING TO CERTIFICATES OF NEED › Section 197.52 - Distribution of decision

Current through Register Vol. 54, No. 28, July 13, 2024
A copy of the decision of the Hearing Board will be sent
						by first class mail to:
(1) The
					 applicant.
(2) The
					 Department.
(3) The appropriate
					 health systems agency.
(4) Other
					 parties to the proceeding.
(5) A
					 person who has made a written request for a copy.
(6) A newspaper of general circulation in the
					 area where the certificate of need application arises.
This section cited in 37 Pa. Code §
													197.15 (relating to recording of
						  proceedings).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart L - State Health Facility Hearing Board › Chapter 197 - PRACTICE AND PROCEDURE › PETITIONS PERTAINING TO OBJECTIONS TO PUBLISHED REGULATIONS, CRITERIA OR STANDARDS OF THE DEPARTMENT OR HEALTH SYSTEMS AGENCY › Section 197.61 - Persons who may file

Current through Register Vol. 54, No. 28, July 13, 2024
A person may file a petition requesting the Hearing Board
						to review regulations, criteria or standards issued or promulgated by the
						Department or by a health systems agency.
This section cited in 37 Pa. Code §
													197.15 (relating to recording of
						  proceedings).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart L - State Health Facility Hearing Board › Chapter 197 - PRACTICE AND PROCEDURE › PETITIONS PERTAINING TO OBJECTIONS TO PUBLISHED REGULATIONS, CRITERIA OR STANDARDS OF THE DEPARTMENT OR HEALTH SYSTEMS AGENCY › Section 197.62 - Reviewable regulations, criteria or standards

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Petitions may be filed only as to
					 regulations, criteria and standards which have been officially adopted or
					 approved by the Department or by a health systems agency. Objections to
					 proposed regulations, criteria or standards shall not be considered.
(b) Objections to proposed regulations,
					 criteria or standards shall be sent to the Department or the appropriate health
					 systems agency during the official comment period.
This section cited in 37 Pa. Code §
													197.15 (relating to recording of
						  proceedings).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart L - State Health Facility Hearing Board › Chapter 197 - PRACTICE AND PROCEDURE › PETITIONS PERTAINING TO OBJECTIONS TO PUBLISHED REGULATIONS, CRITERIA OR STANDARDS OF THE DEPARTMENT OR HEALTH SYSTEMS AGENCY › Section 197.62a - Prerequisite to filing

Current through Register Vol. 54, No. 28, July 13, 2024
No petition will be considered by the Hearing Board until
						the petitioner has advised the Department or health systems agency, in writing,
						of its objections to the regulations, criteria or standards and has received a
						negative reply from the Department or health systems agency. The failure of the
						Department or health systems agency to respond to the petitioner's objection
						within 30 days of receipt thereof will be deemed a negative
						reply.
The provisions of this §
													197.62a issued under section 805
						  of the Health Care Facilities Act (35 P. S. §
														§
														448.805); and
						  2
						  Pa.C.S. §
														102(a).
This section cited in 37 Pa. Code §
													197.15 (relating to recording of
						  proceedings).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart L - State Health Facility Hearing Board › Chapter 197 - PRACTICE AND PROCEDURE › PETITIONS PERTAINING TO OBJECTIONS TO PUBLISHED REGULATIONS, CRITERIA OR STANDARDS OF THE DEPARTMENT OR HEALTH SYSTEMS AGENCY › Section 197.63 - Consolidation of petitions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 In the event that more than one petition is filed relating to the same
					 regulations, criteria or standards, the Hearing Board may, upon its own motion,
					 consolidate the petitions. One docket number shall be assigned to the
					 consolidated proceeding.
(b)
					 Subsection (a) supplements 1 Pa. Code §
											35.45 (relating to
					 consolidation).
This section cited in 37 Pa. Code §
													197.15 (relating to recording of
						  proceedings).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart L - State Health Facility Hearing Board › Chapter 197 - PRACTICE AND PROCEDURE › PETITIONS PERTAINING TO OBJECTIONS TO PUBLISHED REGULATIONS, CRITERIA OR STANDARDS OF THE DEPARTMENT OR HEALTH SYSTEMS AGENCY › Section 197.64 - Contents of petition

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 petition requesting Hearing Board review of regulations, criteria or standards
					 shall be in the form set forth in §
											197.65 (relating to form of
					 petition) and include the following:
(1) The
					 regulation, criterion or standard to which petitioner objects.
(2) The date of adoption or approval of the
					 regulation, criterion or standard.
(3) The entity adopting or approving the
					 regulation, criterion or standard.
(4) The date of written notification to the
					 Department or health systems agency of petitioner's objections to the
					 regulation, criterion or standard. A copy of the notification shall be attached
					 to the petition.
(5) The date of
					 the negative reply, if any, from the Department or health systems agency. A
					 copy of the reply shall be attached to the petition.
(6) Specific objection of the petitioner to
					 the regulation, criterion or standard.
(7) The reasons for objection of the
					 petitioner.
(8) The consequences
					 which petitioner alleges will result from the continued application or
					 enforcement of such regulation, criterion, or standard.
(9) Whether a hearing on the petition and a
					 stenographic record are requested.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart L - State Health Facility Hearing Board › Chapter 197 - PRACTICE AND PROCEDURE › PETITIONS PERTAINING TO OBJECTIONS TO PUBLISHED REGULATIONS, CRITERIA OR STANDARDS OF THE DEPARTMENT OR HEALTH SYSTEMS AGENCY › Section 197.65 - Form of petition

Current through Register Vol. 54, No. 28, July 13, 2024
The following is the form for a petition requesting
						Hearing Board review of regulations, criteria or standards:
Click
						to view image
Click
						to view image
The provisions of this §
													197.65 amended under section
						  805(b) of the Health Care Facilities Act (35 P. S. §
														448.805(b)); and
						  2
						  Pa.C.S. §
														102(a).
This section cited in 37 Pa. Code §
													197.15 (relating to recording of
						  proceedings); and 37 Pa. Code §
													197.64 (relating to contents of
						  petition).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart L - State Health Facility Hearing Board › Chapter 197 - PRACTICE AND PROCEDURE › PETITIONS PERTAINING TO OBJECTIONS TO PUBLISHED REGULATIONS, CRITERIA OR STANDARDS OF THE DEPARTMENT OR HEALTH SYSTEMS AGENCY › Section 197.66 - Service of petition

Current through Register Vol. 54, No. 28, July 13, 2024
On or before the date of filing with the Hearing Board,
						petitioner shall serve a copy of the petition and memorandum of law, if any,
						upon the Department and the health systems agency-when the objection is to a
						regulation, criterion or standard of the health systems agency-in the manner
						set forth in §
											197.5 (relating to service on
						other parties).
This section cited in 37 Pa. Code §
													197.15 (relating to recording of
						  proceedings).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart L - State Health Facility Hearing Board › Chapter 197 - PRACTICE AND PROCEDURE › PETITIONS PERTAINING TO OBJECTIONS TO PUBLISHED REGULATIONS, CRITERIA OR STANDARDS OF THE DEPARTMENT OR HEALTH SYSTEMS AGENCY › Section 197.67 - Failure to conform to rules

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department or appropriate health
					 systems agency may, within 10 days of the filing of a petition, file a motion
					 to dismiss the petition for failure to conform to this chapter.
(b) Upon receipt of a motion to dismiss the
					 petition, the Hearing Board will forthwith issue a rule to show cause why the
					 petition should not be dismissed.
(c) The Hearing Board may, on its own motion
					 at any time, issue a rule to show cause why the petition should not be
					 dismissed for the reasons set forth in subsection (a).
(d) Where a rule to show cause is issued
					 under subsections (b) or (c), proceedings shall be stayed pending disposition
					 of the matter by the Hearing Board.
This section cited in 37 Pa. Code §
													197.15 (relating to recording of
						  proceedings).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart L - State Health Facility Hearing Board › Chapter 197 - PRACTICE AND PROCEDURE › PETITIONS PERTAINING TO OBJECTIONS TO PUBLISHED REGULATIONS, CRITERIA OR STANDARDS OF THE DEPARTMENT OR HEALTH SYSTEMS AGENCY › Section 197.68 - Reply to petition

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 Department or the health systems agency, whichever is appropriate, may file a
					 reply to the petition within 30 days of the filing of the petition with the
					 Hearing Board. Such reply, if any, may be in the form of a memorandum of law;
					 and shall be accompanied by a Certificate of Service under §
											197.5 (relating to service on
					 other parties).
(b) If a hearing is
					 granted to petitioner by the Hearing Board, the Department or health systems
					 agency, whichever is appropriate, may participate. If participation is planned,
					 the Department or health systems agency shall file a reply as described in
					 subsection (a) and a notice of appearance. The notice of appearance shall be in
					 the form set forth in §
											197.10 (relating to form of notice
					 of appearance) but shall include, in addition, a request for a stenographic
					 record, if one is desired.
The provisions of this §
													197.68 amended under section 805
						  of the Health Care Facilities Act (35 P. S. §
														448.805); and
						  2
						  Pa.C.S. §
														102(a).
This section cited in 37 Pa. Code §
													197.15 (relating to recording of
						  proceedings).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart L - State Health Facility Hearing Board › Chapter 197 - PRACTICE AND PROCEDURE › PETITIONS PERTAINING TO OBJECTIONS TO PUBLISHED REGULATIONS, CRITERIA OR STANDARDS OF THE DEPARTMENT OR HEALTH SYSTEMS AGENCY › Section 197.69 - Consideration of petition

Current through Register Vol. 54, No. 28, July 13, 2024
Upon the conclusion of the time period for filing a reply
						to the petition, the Hearing Board will consider the petition and any reply
						thereto and may:
(1) Deny the petition
					 as being without merit.
(2) Grant a
					 hearing, if one has been requested and the Hearing Board determines that one is
					 warranted, to be held in accordance with §
											197.70 (relating to
					 hearing).
(3) Grant the relief,
					 without hearing, and request the Department or health systems agency to
					 reconsider the regulations, criteria or standards.
This section cited in 37 Pa. Code §
													197.15 (relating to recording of
						  proceedings).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart L - State Health Facility Hearing Board › Chapter 197 - PRACTICE AND PROCEDURE › PETITIONS PERTAINING TO OBJECTIONS TO PUBLISHED REGULATIONS, CRITERIA OR STANDARDS OF THE DEPARTMENT OR HEALTH SYSTEMS AGENCY › Section 197.70 - Hearings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Hearings for
					 review of regulations, criteria or standards will be held in Harrisburg, unless
					 the Hearing Board for good cause determines that another location would be more
					 suitable.
(b) The time, date and
					 place of the hearing will be announced by the Hearing Board by written notice
					 to the petitioner and to the Department or health systems agency no later than
					 21 days before the hearing date.
(c) Hearings shall be confined to oral
					 argument only. This subsection supersedes 1 Pa. Code §
											35.126 (relating to presentation
					 by the parties).
(d) The petitioner
					 shall open, and after the presentation of other arguments, if any, may conclude
					 by way of rebuttal. This subsection supplements 1 Pa. Code §
											35.125 (relating to order of
					 procedure).
(e) The time for
					 argument shall be limited to not more than 30 minutes for each side, unless the
					 time is extended by the board member presiding at the hearing. Where more than
					 one petitioner is participating in a consolidated proceeding, the maximum time
					 shall be divided among the petitioners as they may decide. Notwithstanding
					 these time limits, each petitioner shall be allowed at least 5 minutes to
					 present his case.
(f) At the
					 discretion of the board member presiding at the hearing, an argument may be
					 terminated notwithstanding the fact that the maximum time for argument has not
					 been exhausted.
This section cited 37 Pa. Code §
													197.15 (relating to recording of
						  proceedings); and 37 Pa. Code §
													197.69 (relating to consideration
						  of petition).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart L - State Health Facility Hearing Board › Chapter 197 - PRACTICE AND PROCEDURE › PETITIONS PERTAINING TO OBJECTIONS TO PUBLISHED REGULATIONS, CRITERIA OR STANDARDS OF THE DEPARTMENT OR HEALTH SYSTEMS AGENCY › Section 197.71 - Decision of the Hearing Board

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Upon the conclusion of the hearing, if any, the hearing board member who
					 presided shall prepare a report and recommendation for consideration by the
					 full Hearing Board. This subsection supersedes 1 Pa. Code §
											35.202 (relating to proceedings in
					 which proposed reports are prepared).
(b) At least two of the three members will
					 vote in favor of requesting reconsideration; otherwise, the Hearing Board will
					 not request reconsideration of the regulations, criteria or
					 standards.
(c) If the Hearing
					 Board, with or without a hearing, determines that petitioner's objections to
					 the regulations, criteria or standards are valid, it will request the
					 Department or health systems agency to reconsider its regulation, criterion or
					 standard. The request shall set forth with specificity the reasons for
					 suggesting the reconsideration.
This section cited in 37 Pa. Code §
													197.15 (relating to recording of
						  proceedings).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart L - State Health Facility Hearing Board › Chapter 197 - PRACTICE AND PROCEDURE › PETITIONS PERTAINING TO OBJECTIONS TO PUBLISHED REGULATIONS, CRITERIA OR STANDARDS OF THE DEPARTMENT OR HEALTH SYSTEMS AGENCY › Section 197.72 - Distribution of decision

Current through Register Vol. 54, No. 28, July 13, 2024
A copy of the decision of the Hearing Board will be sent
						by first class mail to:
(1) The
					 petitioner.
(2) The Department or
					 the health systems agency which adopted or approved the regulation, criterion
					 or standard in question.
(3) The
					 Office of General Counsel.
(4) The
					 Office of Attorney General.
(5) A
					 person who has made a written request for a copy.
This section cited in 37 Pa. Code §
													197.15 (relating to recording of
						  proceedings).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart L - State Health Facility Hearing Board › Chapter 197 - PRACTICE AND PROCEDURE › APPEALS FROM DECISIONS PERTAINING TO LICENSURE › Section 197.82 - Appealable decisions

Current through Register Vol. 54, No. 28, July 13, 2024
The following decisions of the Department relating to
						licensure may be appealed:
(1) Those
					 relating to an application to secure a license to maintain and operate a health
					 care facility.
(2) Those relating
					 to the renewal, suspension or revocation of a license to maintain and operate a
					 health care facility.
(3) Those
					 relating to the issuance of a provisional license to maintain and operate a
					 health care facility.
(4) Those
					 relating to the suspension of admissions for any of the reasons set forth in
					 section 811 of the act (35 P. S. §
												448.811).
This section cited in 37 Pa. Code §
													197.15 (relating to recording of
						  proceedings); 37 Pa. Code §
													197.81 (relating to definitions);
						  and 37 Pa. Code §
													197.83 (relating to standing to
						  appeal).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart L - State Health Facility Hearing Board › Chapter 197 - PRACTICE AND PROCEDURE › APPEALS FROM DECISIONS PERTAINING TO LICENSURE › Section 197.83 - Standing to appeal

Current through Register Vol. 54, No. 28, July 13, 2024
The following persons will be considered parties and will
						have standing to appeal a decision of the Department relating to licensure
						which is appealable under §
											197.82 (relating to appealable
						decisions).
(1) An applicant who is
					 denied a license to maintain and operate a health care facility or who is
					 issued a provisional license rather than a regular license.
(2) A licensee whose license to maintain and
					 operate a health care facility, a portion of a health care facility or a
					 particular service offered by a health care facility is not renewed or is
					 suspended or revoked by the Department.
(3) A licensee who is adversely affected by a
					 decision which suspends admissions for any of the reasons set forth in section
					 811 of the act (35 P. S. §
												448.811).
This section cited in 37 Pa. Code §
													197.15 (relating to recording of
						  proceedings); and 37 Pa. Code §
													197.81 (relating to
						  definitions).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart L - State Health Facility Hearing Board › Chapter 197 - PRACTICE AND PROCEDURE › APPEALS FROM DECISIONS PERTAINING TO LICENSURE › Section 197.84 - Notice of appeal and answer

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The appellant shall file a notice of
					 appeal, in the form set forth in §
											197.85 (relating to form of notice
					 of appeal), within 30 days of the date of mailing of the decision by the
					 Department.
(b) Where the decision
					 of the Department is in the form of a rule or order to show cause, the
					 appellant shall, at the time of filing the notice of appeal, file an answer to
					 the rule or order, which answer shall be drawn so as specifically to admit or
					 deny the allegations or charges which may be made in the rule or order. Failure
					 to file the answer shall be deemed an admission by the appellant that the
					 factual allegations or charges contained in the rule or order are
					 true.
(c) On or before the date of
					 filing with the Hearing Board, a copy of the notice of appeal and answer, if
					 any, shall be served on the Department and a certificate of service in the form
					 set forth in §
											197.6 (relating to form of
					 certificate of service) be attached thereto.
This section cited in 37 Pa. Code §
													197.8 (relating to extension of
						  time); 37 Pa. Code §
													197.15 (relating to recording of
						  proceedings); 37 Pa. Code § 197.17 (relating to
ex parte
communications); 37 Pa. Code §
													197.81 (relating to definitions);
						  and 37 Pa. Code §
													197.86 (relating to certification
						  of rule or order).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart L - State Health Facility Hearing Board › Chapter 197 - PRACTICE AND PROCEDURE › APPEALS FROM DECISIONS PERTAINING TO LICENSURE › Section 197.85 - Form of notice of appeal

Current through Register Vol. 54, No. 28, July 13, 2024
The following is the form of notice of appeal:
COMMONWEALTH OF PENNSYLVANIA
STATE HEALTH FACILITY HEARING BOARD
IN RE:
:
:
DOCKET NO. L-
:
NOTICE OF APPEAL-LICENSURE
1. Appellant
					 is______________________________________________.
(name, address and telephone number)
2. Appellant appeals the following decision
					 of the Department of Health:
______________________________________________.
(identify the decision, e.g. denial of application for
						license to operate and maintain a skilled nursing facility,
						etc.)
3. The docket number or
					 identifying number in the proceedings before the Department of Health, if any
					 is:______________________________________________.
4. The date of mailing of the decision of the
					 Department of Health is______________.
5. Appellant lists the following
					 specifications of objections to the decision of the Department as the basis for
					 its appeal:
______________________________________________
(e.g., decision not supported by substantial evidence,
						etc.)______________________________________________
						______________________________________________.
__________________________
(Signature of appellant or representative of
						appellant)
__________________________
(Name and address of appellant or representative of
						appellant)
__________________________
(Date)
(Attach Certificate of Service)
The provisions of this §
													197.85 amended under section
						  805(b) of the Health Care Facilities Act (35 P. S. §
														448.805(b)); and
						  2
						  Pa.C.S. §
														102(a).
This section cited in 37 Pa. Code §
													197.15 (relating to recording of
						  proceedings); 37 Pa. Code §
													197.81 (relating to definitions);
						  and 37 Pa. Code §
													197.84 (relating to notice of
						  appeal and answer).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart L - State Health Facility Hearing Board › Chapter 197 - PRACTICE AND PROCEDURE › APPEALS FROM DECISIONS PERTAINING TO LICENSURE › Section 197.86 - Certification of rule or order

Current through Register Vol. 54, No. 28, July 13, 2024
The Department will file with the Hearing Board, within
						15 days of the Department's receipt of a notice of appeal filed under §
											197.84 (relating to notice of
						appeal and answer), a certified copy of the rule or order upon which the action
						is based, including any allegations or charges which may be made in the rule or
						order.
This section cited in 37 Pa. Code §
													197.15 (relating to recording of
						  proceedings); and 37 Pa. Code §
													197.81 (relating to
						  definitions).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart L - State Health Facility Hearing Board › Chapter 197 - PRACTICE AND PROCEDURE › APPEALS FROM DECISIONS PERTAINING TO LICENSURE › Section 197.87 - Supersedeas

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An appeal to
					 the Hearing Board from a decision of the Department relating to licensure may
					 not act as an automatic supersedeas of the decision of the Department; but,
					 upon cause shown, the Board may grant a supersedeas.
(b) No application for supersedeas will be
					 considered by the Hearing Board until the application has been presented to the
					 Department and a decision thereon has been rendered by the
					 Department.
(c) An application for
					 supersedeas filed with the Hearing Board shall show that application has been
					 made to the Department and denied, with the reasons given by it for the denial.
					 The application shall also show the reasons for the relief requested and the
					 facts relied upon; and, if the facts are subject to dispute, the application
					 shall be supported by sworn or verified statements or copies thereof. With the
					 application shall be filed parts, if any, of the record as are relevant to the
					 relief sought.
(d) Upon receipt of
					 an application for supersedeas, a member of the Hearing Board may issue an
					 order denying or granting the relief sought.
This section cited in 37 Pa. Code §
													197.15 (relating to recording of
						  proceedings); and 37 Pa. Code §
													197.81 (relating to
						  definitions).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart L - State Health Facility Hearing Board › Chapter 197 - PRACTICE AND PROCEDURE › APPEALS FROM DECISIONS PERTAINING TO LICENSURE › Section 197.88 - Prehearing conference

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 hearing board member who will preside at the hearing shall schedule a
					 prehearing conference, at a time and place to be determined by the member.
					 Notice of the prehearing conference shall be sent by first class mail to the
					 parties at least 15 days before the date of the prehearing
					 conference.
(b) Each party shall
					 submit, at least 5 days prior to the prehearing conference, a prehearing
					 memorandum, which shall contain the following information:
(1) A short summary of the factual issues
					 involved.
(2) A statement of the
					 legal issues.
(3) Stipulations of
					 fact, if any.
(4) A list of
					 exhibits proposed to be offered in evidence.
(5) A list of the witnesses who will testify
					 at the hearing, and a brief synopsis of the testimony each witness will
					 offer.
(6) An estimate of the
					 length of time required for the presentation of the case of the
					 party.