reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart C - Crime Commission › Chapter 127 - STANDARDIZATION OF PERSONNEL RULES › Section 127.10 - Prohibitions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Politics prohibited.
Politics prohibited shall include the
				  following:
(1) No employe of the Commission
				  shall be a member of or delegate or alternate to any political convention, nor
				  shall he participate at any such convention, except in the performance of his
				  official duty or as a visitor.
(2)
				  No employe of the Commission shall serve as a member of any committee of any
				  political party, or take an active part in political management or in political
				  campaigns, or use his office or position to influence political
				  movements.
(3) No employe of the
				  Commission shall circulate or seek signatures to any nominations or other
				  petition required by any primary or election law, nor shall he seek or accept
				  election, nomination, or appointment as an officer of a political club or
				  organization, or serve as a member of a committee of any such club or
				  organization.
(4) No employe of the
				  Commission shall in any manner participate in or interfere with the conduct of
				  any election or the preparation therefor at the polling place or with the
				  election officers while counting the votes or returning the election material
				  to the place provided by law for that purpose, save only for the purpose of
				  making and depositing his own ballot as speedily as it reasonably can be
				  done.
(5) The rights of individual
				  Commission employes are not impaired hereby, and the prerogative to attending
				  meetings, to hear or see any candidate or nominee, and to express one's
				  individual opinion, shall remain inviolate.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart C - Crime Commission › Chapter 127 - STANDARDIZATION OF PERSONNEL RULES › Section 127.11 - Confidentiality of information

Current through Register Vol. 54, No. 28, July 13, 2024
As a condition of employment, each person in the employ of
					 the Commission shall accept and execute a security agreement. The security
					 agreement shall be binding upon the person both during the term of Commission
					 employment and following the person's separation from the Commission. A copy of
					 the agreement is set forth in Appendix A.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart C - Crime Commission › Chapter 127 - STANDARDIZATION OF PERSONNEL RULES › Section 127.12 - Status of employes as of effective date

Current through Register Vol. 54, No. 28, July 13, 2024
An employe who holds a position with the Commission as of
					 the effective date of this chapter shall, if he has completed his probationary
					 period, be deemed a regular employe under this chapter and continue in that
					 position, unless separated therefrom as provided in this chapter. The employe
					 who has not completed the probationary period at the time this chapter takes
					 effect shall retain his status as a probationary employe until the expiration
					 of that probationary period. If he successfully completes his probationary
					 period, he shall become a regular employe under this chapter and continue in
					 that position unless separated therefrom as provided in this chapter.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart C - Crime Commission › Chapter 127 - STANDARDIZATION OF PERSONNEL RULES › Appendix A

Current through Register Vol. 54, No. 28, July 13, 2024
I, , fully recognize that my appointment to serve with the
					 Pennsylvania Crime Commission places me in a position of public trust, with
					 important ramifications under the law, both civil and criminal.
1. In consideration of my appointment to provide services
					 to the Commission, I agree that I will never disclose in any form or any
					 manner, to any person not authorized by the Commission to receive them, data
					 specified as confidential under the Rules of the Commission and/or under the
					 Pennsylvania Crime Commission Act.
2. I understand that all information that I may acquire
					 during the course of my service with the Commission shall remain the property
					 of the Commission.
3. I fully recognize and understand that if I violate this
					 agreement, the Commission may terminate my appointment immediately. I also
					 understand that such violation may subject me to other administrative, civil
					 and criminal penalties in actions brought against me by the Commonwealth of
					 Pennsylvania.
4. I understand and accept that, unless I am provided a
					 written release from this agreement or any portion of it by the Chairman of the
					 Commission, all the conditions and obligations accepted by me in this agreement
					 apply both during my service with the Commission, and at all times
					 thereafter.
___________
Signature
___________
Date
Witness:
___________
Signature
___________
Date
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart F - Uniform Relocation Assistance › Chapter 151 - GENERAL PROVISIONS › Section 151.2 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this chapter have been promulgated to
					 insure the following:
(1) That payment
				  of special damages for displacement, authorized by Article VI-A of the act
				  (26
				  P. S. §§
											1-601A-1-606A) shall be
				  made in a manner which is fair and reasonable, and as uniform as
				  practicable.
(2) That displaced
				  persons making proper application for a payment authorized for those persons
				  under Article VI-A of the act (26 P. S. §§
											1-601A-1-606A) shall be paid promptly after a
				  move or, in hardship cases, be paid in advance.
(3) That persons aggrieved by a determination
				  as to eligibility for a payment authorized by Article VI-A of the act
				  (26
				  P. S. §§
											1-601A-1-606A), or the
				  amount of a payment, may elect to have their applications reviewed by the head
				  of the acquiring agency or his designee.
(4) That displaced persons shall receive the
				  maximum payments authorized by Article VI-A of the act (26 P. S.
				  §§
											1-601A-1-606A).
(5) That each acquiring agency may obtain the
				  maximum Federal reimbursement for relocation payment and assistance costs
				  authorized by Federal statute.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart F - Uniform Relocation Assistance › Chapter 151 - GENERAL PROVISIONS › Section 151.3 - Scope of recoverable damages

Current through Register Vol. 54, No. 28, July 13, 2024
Except as provided in §
										151.4 (relating to moving and
					 related expenses) damages for dislocation are recoverable only under Article
					 VI-A of the act (26 P. S. §§
											1-601A-1-606A) and this chapter which
					 together, are intended to implement the Federal Uniform Relocation Assistance
					 and Real Property Acquisition Policies Act of 1970 (42 U.S.C.A. §§
											1415,
					 2473,
					 3307,
					 4601,
					 4602,
					 4621-4638 and
					 4651-4655). Damages are not
					 recoverable under this act.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart F - Uniform Relocation Assistance › Chapter 151 - GENERAL PROVISIONS › Section 151.4 - Moving and related expenses

Current through Register Vol. 54, No. 28, July 13, 2024
The following provisions shall govern the award of moving
					 expenses and damages:
(1) An acquiring
				  agency may adopt the moving expense allowance schedule of the Department of
				  Transportation of the Commonwealth for the purposes of section 601-A(a)(2) of
				  the act (26 P. S. §
											1-601A(a)(2)).
(2) Damages payable under section 601-A(a) of
				  the act (26 P. S. §
											1-601A(a)) are attributable
				  to personal property which a displaced person moves from the acquired premises.
(i) The distance of a move of 50 miles or
				  less shall be presumed to be reasonable.
(ii) A displaced person shall have the burden
				  of proving the reasonableness of a move of more than 50 miles.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart F - Uniform Relocation Assistance › Chapter 151 - GENERAL PROVISIONS › Section 151.5 - Replacement housing for homeowners

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If a displaced person purchases and
				  occupies a decent, safe and sanitary dwelling at a price less than the
				  reasonable cost of a comparable replacement dwelling, the amount of damages
				  payable under section 601-A(a)(1) of the act (26 P. S. §
											1-601A(a)(1)) shall be
				  determined by using the actual cost rather than the reasonable cost of a
				  comparable replacement dwelling. Reasonable costs of rehabilitating a
				  replacement dwelling in order to make it decent, safe and sanitary and
				  comparable to the acquired dwelling with respect to size and state of repair
				  shall be included in calculating the actual cost.
(b) The amount necessary for the purchase of
				  a comparable replacement dwelling may be determined by analyzing probable
				  selling prices of comparable dwellings available on the market; by reference to
				  a schedule prepared on the basis of an analysis; or in some other meaningful
				  manner.
(c) If a displaced person
				  purchases or retains a dwelling and moves it to another location, the displaced
				  person shall be entitled to a payment under section 601-A(a)(1) of the act
				  (26
				  P. S. §
											1-601A(a)(1))
				  in the amount by which the acquisition cost of his acquired dwelling, including
				  its site, is exceeded by the sum of the following:
(1) The purchase price paid for the
				  replacement dwelling.
(2) The
				  reasonable cost of acquiring a comparable replacement site, or, if the dwelling
				  is moved onto other land owned by the displaced person, the fair market value
				  of a comparable replacement site on the land. If the dwelling is moved onto the
				  unacquired portion of property acquired in part for a program or project, the
				  fair market value of the comparable replacement site shall be based on the
				  after-value of the unacquired property.
(3) The reasonable cost of construction of a
				  new foundation.
(4) The reasonable
				  cost of moving the dwelling.
(5)
				  The reasonable cost of connecting utilities.
(6) The reasonable cost of the improvements
				  as are necessary to make the dwelling decent, safe and sanitary.
(7) The reasonable cost of restoring the
				  dwelling to a condition comparable to its condition before the move; provided,
				  however, that the total payment will not exceed the reasonable cost of a
				  comparable replacement dwelling.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart F - Uniform Relocation Assistance › Chapter 151 - GENERAL PROVISIONS › Section 151.6 - Replacement rental housing

Current through Register Vol. 54, No. 28, July 13, 2024
Damages payable under section 603-A(a)(1) of the act
					 (26
					 P. S. §
											1-603(A)(a)(1))
					 are determined by subtracting from the amount necessary to rent a comparable
					 decent, safe and sanitary dwelling for the next 4 years the following
					 amount:
(1) The average monthly rental
				  paid by the relocated individual or family during the last 3 months multiplied
				  by 48.
(2) If the average monthly
				  rental is not reasonably equal to market rentals for similar dwellings, or if
				  the displaced person or family owned the acquired dwelling, 48 times the
				  economic rent.
(3) If the average
				  monthly rental being paid by a displaced person or family, or, in the case of
				  an owner the fair rental value, not including rent supplements paid by public
				  agencies, exceeds 25% of the monthly gross income of the person or family, 12
				  times the average monthly gross income of the person or family.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart F - Uniform Relocation Assistance › Chapter 151 - GENERAL PROVISIONS › Section 151.7 - Replacement housing down payment

Current through Register Vol. 54, No. 28, July 13, 2024
If a displaced person who is not eligible for a payment
					 under section 602-A of the act (26 P. S. §
											1-602A), or who elects the benefits available
					 under section 603-A of the act (26 P. S. §
											1-603A), purchases or retains a dwelling and
					 moves it to another location, the displaced person shall be entitled to a
					 payment under section 601-A(a)(1) of the act (26 P. S. §
											1-601A(a)(1)), in an amount
					 not to exceed the sum of §
										151.5(c)(1)-(7)
					 (relating to replacement housing for homeowners) provided:
(1) The total payment will not exceed
				  $4,000.
(2) The displaced person
				  shall equally match the amount of the payment which exceeds $2,000.
(3) The full amount of the payment must be
				  applied to the expenditures enumerated in §
										151.5(c)(1)-(7).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart F - Uniform Relocation Assistance › Chapter 151 - GENERAL PROVISIONS › Section 151.8 - Time and conditions of payment

Current through Register Vol. 54, No. 28, July 13, 2024
(a) No payment of damages under sections
				  602-A and 603-A of the act (26 P. S. §§
											1-602A and
				  1-603A) shall be made unless
				  the displaced person or family is occupying and, except in the case of damages
				  under section 603-A(a)(1) of the act (26 P. S. §
											1-603A(a)(1)) has purchased
				  decent, safe and sanitary replacement housing.
(1) Upon the request of the displaced person,
				  and if necessary to expedite the purchase or rental of a replacement dwelling,
				  the acquiring agency shall pay the agreed amount of damages or, if there is no
				  agreement as to the amount due, make a
pro tanto
payment in
				  the amount of its estimate of the damages in advance of occupancy or purchase
				  of the replacement dwelling.
(2)
				  However, in that event, payment will be made jointly to the displaced person
				  and a lending institution, title company, the seller or similar party in order
				  to assure that the funds are available and used exclusively for settlement of
				  the replacement dwelling.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart F - Uniform Relocation Assistance › Chapter 151 - GENERAL PROVISIONS › Section 151.9 - Eligibility for special damages for displacement

Current through Register Vol. 54, No. 28, July 13, 2024
Eligibility for special damages for displacement under
					 Article VI-A of the act (26 P. S. §§
											1-601A-1-606A) is limited to persons,
					 families, businesses and farm operations displaced on or after January 2,
					 1971.
(1) Persons, families,
				  businesses and farm operations displaced prior to January 2, 1971, are eligible
				  for the special damages for displacement as were provided in sections 608-610
				  of the act (26 P. S. §§
											1-608-1-610) and sections 614-618 of the act
				  (26
				  P. S. §§
											1-614-1-618) (Repealed)
				  prior to the December 29, 1971, amendment or by sections 304.1-304.7 of the
				  State Highway Law (36 P. S. §§
											670-304.1-670-304.7) (Repealed).
(2) Persons, families, businesses or farm
				  operations displaced on or after January 2, 1971, and no later than December
				  29, 1971, are eligible for the greater of any item of special damages for
				  displacement now provided in the act or previously provided in the act or the
				  State Highway Law (36 P. S. §§
											670-304.1-670-304.7) (Repealed).
(3) Eligibility for the special damages for
				  displacement shall be without regard to a final disposition made of a claim for
				  the damages under prior law.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart F - Uniform Relocation Assistance › Chapter 151 - GENERAL PROVISIONS › Section 151.10 - Contingent attorney fees

Current through Register Vol. 54, No. 28, July 13, 2024
In order to assure that displaced persons actually receive
					 the maximum amount of special damages for dislocation payable under Article
					 VI-A of the act (26 P. S. §§
											1-601A-1-606A), the amount of the damages
					 offered to a displaced person by an acquiring agency on its own initiative
					 shall not be considered as damages paid to the displaced person for the purpose
					 of determining the amount of a contingent attorney fee. This paragraph applies,
					 not only to the original offer made by the acquiring agency to the displaced
					 person, but to a subsequent increase in the offer initiated by the acquiring
					 agency, whether made before or after the displaced person engaged the
					 attorney's services; provided, however, that this paragraph will not apply to
					 an original or increased offer or payment obtained as a direct result of the
					 attorney's services on behalf of the displaced person.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart F - Uniform Relocation Assistance › Chapter 151 - GENERAL PROVISIONS › Section 151.11 - Information and advice about special damages

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In order to assure that each displaced
				  person receives the maximum payments to which he is entitled under Article VI-A
				  of the act (26 P. S. §§
											1-601A-1-606A) the acquiring agency shall:
(1) Provide each potential displaced person
				  with an information statement outlining the payments to which he may be
				  entitled under the act at the earliest possible date prior to
				  displacement.
(2) Make available at
				  a reasonably convenient place, and at times which shall include hours other
				  than normal working hours, a responsible person who can provide information and
				  advice to displaced persons regarding the payments to which they may be
				  entitled.
(3) Make available to
				  displaced persons assistance in filling out and filing the required claim forms
				  for the payments to which they may be entitled.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart F - Uniform Relocation Assistance › Chapter 151 - GENERAL PROVISIONS › Section 151.12 - Grievance procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each
				  acquiring agency shall establish a grievance procedure whereby the head of the
				  acquiring agency or his designee shall hear the grievances of displaced persons
				  regarding the acquiring agency's determination of their eligibility for or the
				  amount of an item of special damages for displacement.
(b) Delegation of authority to hear appeals
				  shall be in writing and shall be available for examination by the appellant.
				  The authority will not be delegated below the level of the supervisor of the
				  employe who made the initial determination.
(c) An aggrieved displaced person shall have
				  the opportunity for a prompt hearing at a reasonably convenient time and place,
				  or may appeal in writing, at his option.
(d) An aggrieved displaced person shall have
				  the right to be represented by counsel and to present evidence, including
				  evidence of comparable replacement dwellings, moving expenses and other matters
				  bearing on special damage for displacement.
(e) The appeal shall be disposed of promptly,
				  and the results conveyed to the appellant in writing.
This section cited in 37 Pa. Code §
												151.11 (relating to information
						and advice about special damages).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › GENERAL PROVISIONS › Section 171.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
						shall have the following meanings, unless the context clearly indicates
						otherwise:
Act
-The Health Care Services Malpractice
						Act (40 P. S. §§
												1301.101-1301.1006).
Administrator
-Office of the
						Administrator for Arbitration Panels for Health Care in Harrisburg,
						Pennsylvania.
Arbitration panel
-Arbitration Panels
						for Health Care.
Complaint
-Does not include notice
						complaint.
Filed
-Received by the Administrator at
						his office in Harrisburg, Pennsylvania.
Legal papers
-Includes all papers filed
						with the Administrator except letters.
Mail
-First class United States mail with
						adequate postage affixed, unless otherwise specified in the act or this
						chapter.
Motions
-Includes petitions and, where
						applicable, preliminary objections.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › GENERAL PROVISIONS › Section 171.2 - Rules of construction of this chapter

Current through Register Vol. 54, No. 28, July 13, 2024
All references to singular shall include plural, and the
						plural the singular. All references to masculine shall include feminine and
						neuter.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › GENERAL PROVISIONS › Section 171.3 - Practice before the arbitration panels

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Only attorneys currently admitted to
					 practice before the Bar of the Supreme Court of Pennsylvania may practice
					 before the arbitration panels unless they are associated in the action with an
					 attorney so admitted.
(b)
					 Subsection (a) supersedes 1 Pa. Code §§
											31.22 and
					 31.23 (relating to appearance by
					 attorney and other representation prohibited at hearings).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › GENERAL PROVISIONS › Section 171.4 - Filing papers

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Unless otherwise directed, all papers shall be sent to:
Office of Administrator
Arbitration Panels for Health Care
#3 Riverside Office Center, Suite K
2101 North Front Street
Harrisburg, Pennsylvania 17110
(b) Subsection (a) supersedes 1 Pa. Code
					 §
											31.5 (relating to communications
					 and filings generally).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › GENERAL PROVISIONS › Section 171.5 - Computation of time

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as
					 otherwise provided by law, in computing any period of time prescribed or
					 allowed by the act or by this chapter, the day of the act, event, or default
					 after which the designated period of time begins to run shall not be included.
					 The last day of the period so computed shall be included unless it is Saturday,
					 Sunday or a legal holiday in this Commonwealth, in which event the period shall
					 run until the end of the next day which is neither a Saturday, Sunday nor a
					 holiday. A part-day holiday shall be considered as other days and not as a
					 holiday. Intermediate Saturdays, Sundays and holidays shall be included in the
					 computation.
(b) Subsection (a)
					 supersedes 1 Pa. Code §
											31.12 (relating to computation of
					 time).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › GENERAL PROVISIONS › Section 171.6 - Jurisdiction of arbitration panels

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The arbitration panels shall have
					 jurisdiction to hear and decide any claim brought against a health care
					 provider by a patient or his representative for loss or damages resulting from
					 the furnishing of medical services which were or which should have been
					 provided. The arbitration panels shall also have jurisdiction to hear and
					 decide any claim asserted against a nonhealth care provider who is made a party
					 defendant with a health care provider.
(b) The arbitration panels shall have
					 jurisdiction over any claim:
(1) Commenced
					 before the arbitration panels by a plaintiff, subject to the consent of all
					 parties under §
												171.7 (relating to election of
					 jurisdiction).
(2) Referred to the
					 arbitration panels by a court of common pleas or pursuant to
					 42 Pa.C.S. §
													7362,
					 following which the procedures established by the act and this chapter shall
					 control the proceedings before the arbitration panels.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › GENERAL PROVISIONS › Section 171.7 - Election of jurisdiction

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 The commencement of a claim with the Administrator after January 31, 1981,
					 shall constitute a consent of the plaintiff to the jurisdiction of the
					 arbitration panels for proceedings under the act and this chapter. Thereafter,
					 each defendant and additional defendant shall have the right to file an
					 Election of Jurisdiction form requesting transfer of the claim to a court of
					 common pleas with venue. Failure to file the Election of Jurisdiction form
					 requesting transfer within 40 days after service of the initial process upon
					 the defendant or additional defendant shall constitute consent to the
					 jurisdiction of the arbitration panels for proceedings under the act and this
					 chapter. The Election of Jurisdiction shall be made on the form set forth in
					 §
											171.155 (relating to form for
					 Election of Jurisdiction). Also, the parties may consent to jurisdiction by
					 written stipulation filed with the Administrator. No action will be taken by
					 the Administrator on any praecipe, motion, preliminary objection or stipulation
					 filed in a claim until all parties to the claim consent to the jurisdiction of
					 the arbitration panels in one of the manners in this subsection.
(b) Any opposition to a request for transfer
					 of a defendant or additional defendant shall be filed within 10 days after
					 service of the Election of Jurisdiction form requesting the transfer. The
					 opposition may question the venue of the court to which transfer is requested
					 and the timeliness of the request to transfer and may raise any other relevant
					 opposition. In addition, within the 10 days after service of the Election of
					 Jurisdiction form requesting transfer, the plaintiff may file with the
					 Administrator a request to transfer the claim to a court of common pleas other
					 than that requested by a defendant of additional defendant, specifying the
					 basis for venue in the county selected by the plaintiff.
(c) The Administrator will transfer the claim
					 to the appropriate court of common pleas with venue following the timely filing
					 of an Election of Jurisdiction form requesting transfer of a claim to a court
					 of common pleas and the passage of time for objections. In determining which of
					 several courts with venue should receive the claim, preference shall be given
					 to the request of the plaintiff, if any.
This section cited in 37 Pa. Code §
													171.6 (relating to jurisdiction of
						  arbitration panels).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › GENERAL PROVISIONS › Section 171.8 - Binding arbitration

Current through Register Vol. 54, No. 28, July 13, 2024
At any time, the parties may stipulate in writing to
						waive their rights under the act to appeal the decision of the arbitration
						panels. No such waiver shall apply if it is clearly shown that a party was
						denied a hearing or that fraud, misconduct, corruption or other irregularity
						caused the rendition of an unjust, inequitable or unconscionable
						award.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › ADMINISTRATION › Section 171.11 - Applicability of laws and rules

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as provided in the act or in this
					 chapter, Pa.R.C.P. shall govern all proceedings.
(b) Neither local rules of civil procedure
					 nor 1 Pa. Code Part II (relating to general rules of administrative practice
					 and procedure) shall be applicable to proceedings under the act.
(c) Subsection (b) supersedes 1 Pa. Code
					 §
											31.1 (relating to scope of
					 part).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › ADMINISTRATION › Section 171.12 - Form of papers filed

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 title of each legal paper, excluding the notice complaint and the complaint,
					 shall designate the name of the filing party and whether the party is a
					 plaintiff, defendant, or additional defendant. All correspondence mailed to the
					 Administrator shall contain the name and docket number of the claim which is
					 the subject of the correspondence and state below the signature the name of the
					 party on whose behalf the correspondence is sent and whether such party is a
					 plaintiff, defendant, or additional defendant.
(b) Any paper filed with the Administrator
					 shall be the original and shall be bound at the top of the page. Only a single
					 original of the paper need be filed. The paper shall be in the size for papers
					 filed in the Pennsylvania Supreme Court.
(c) Unless otherwise provided in this
					 chapter, an exact copy of every paper filed with the Administrator shall be
					 sent to every other party. Neither conciliation conference memoranda nor
					 arbitration panel selection lists returned to the Administrator need be served
					 upon the other parties.
(d) Every
					 paper filed with the Administrator by an attorney shall contain the attorney's
					 signature and address.
(e)
					 Subsections (a)-(d) supersede 1 Pa. Code §
											33.2 (relating to form).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › ADMINISTRATION › Section 171.13 - Docket

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 Administrator will maintain a docket of all claims, and each claim as initiated
					 will be assigned an appropriate designation. The docket will be available for
					 inspection and copying by the public during the office hours of the
					 Administrator insofar as consistent with the proper discharge of the duties of
					 the Administrator.
(b) Subsection
					 (a) supersedes 1 Pa. Code §
											33.51 (relating to
					 docket).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › ADMINISTRATION › Section 171.14 - Conference and hearing locations

Current through Register Vol. 54, No. 28, July 13, 2024
Conciliation conferences, prehearing conferences and
						arbitration panel hearings will be conducted in the county where the cause of
						action arose, but may, within the discretion of the Administrator, be held in
						any other place. The time and place for such conferences and hearings will be
						set by the Administrator or the arbitration panel chairperson, where
						appropriate, in accordance with the provisions of this
						chapter.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › PLEADINGS AND LEGAL PAPERS › Section 171.21 - Pleadings allowed

Current through Register Vol. 54, No. 28, July 13, 2024
Those pleadings allowed by Pa.R.C.P. No. 1017 shall be
						allowed in an action brought before the arbitration panel.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › PLEADINGS AND LEGAL PAPERS › Section 171.22 - Captions

Current through Register Vol. 54, No. 28, July 13, 2024
Every legal paper shall contain a caption as set forth in
						§
											171.151 (relating to form for
						caption) indicating the county in which the alleged cause of action arose. The
						caption of a notice complaint or a complaint shall set forth the names of all
						the parties; but in other legal papers, it is sufficient to state the name of
						the first party on each side in the complaint with an appropriate indication of
						other parties.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › PLEADINGS AND LEGAL PAPERS › Section 171.23 - Commencement of proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
					 action may be commenced by the filing of the filing fee required by §
											171.131 (relating to arbitration
					 costs) and a notice complaint or a complaint with the Administrator. The filing
					 shall be made in person or by certified mail, return receipt requested. The
					 notice complaint shall be in the form set forth in §
											171.152 (relating to form for
					 notice complaint).
(b) Each notice
					 complaint and complaint filed with the Administrator shall have attached a
					 certification that, on or before the day of filing, a copy of such notice
					 complaint or complaint was served in accordance with §
											171.25 (relating to service) on
					 all parties. The certification shall also contain the date of personal delivery
					 or mailing to the Administrator. The certification shall clearly specify the
					 address where service was sent and the form and date of mailing or personal
					 service.
(c) When an action is
					 transferred to the arbitration panels from another court or tribunal, the
					 plaintiff shall be responsible for paying to the Administrator all necessary
					 fees for the filing of a claim before the arbitration panels.
This section cited in 37 Pa. Code §
													171.24 (relating to tolling of the
						  statute of limitations).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › PLEADINGS AND LEGAL PAPERS › Section 171.24 - Tolling of the statute of limitations

Current through Register Vol. 54, No. 28, July 13, 2024
When an action is commenced before the arbitration
						panels, the statute of limitations shall be tolled as of the date the notice
						complaint or complaint is delivered to the Administrator in person or deposited
						in the mail in accordance with §
											171.23 (relating to commencement
						of proceedings).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › PLEADINGS AND LEGAL PAPERS › Section 171.25 - Service

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except for
					 conciliation conference memoranda and returned arbitration panel selection
					 lists, exact copies of all papers filed with the Administrator shall be served
					 on or before the date of filing by the filing party upon all counsel of record
					 and directly upon any party who has no counsel of record. The paper filed with
					 the Administrator shall contain a certification of such service.
(b) Unless otherwise directed, service of
					 notice complaints, complaints, amended complaints, rules to file a complaint,
					 writs to join additional defendants, and notices of arbitration hearings shall
					 be made personally or by certified mail, return receipt requested. Unless
					 otherwise directed, service of all other papers shall be made personally or by
					 first class mail. Proof of the mailing of documents shall be prima facie
					 evidence of service.
(c)
					 Subsections (a) and (b) supersede 1 Pa. Code §§
											33.32-33.35 (relating to service by a
					 participant; effect of service upon an attorney; date of service; and proof of
					 service).
This section cited in 37 Pa. Code §
													171.23 (relating to commencement
						  of proceedings).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › PLEADINGS AND LEGAL PAPERS › Section 171.26 - Notice of appearance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When
					 a party proceeds without counsel, he shall file with the Administrator a
					 written notice containing his telephone number and an address at which any
					 notice or other written communication may be served upon him. This subsection
					 supersedes 1 Pa. Code §
											31.24(a)
					 (relating to notice of appearance).
(b) When an attorney appears in a
					 representative capacity for any party, he shall file with the Administrator a
					 written notice of such appearance which shall state his name, firm's name,
					 address, telephone number, current attorney's certificate number, and the name
					 and address of the party on whose behalf he appears. This subsection supersedes
					 1 Pa. Code §
											31.24(b)
					 (relating to notice of appearance).
(c) An attorney's notice of appearance shall
					 be in the form set forth in §
											171.153 (relating to form for
					 notice of appearance).
(d) The
					 attorney or party who has entered an appearance shall promptly notify the
					 Administrator of any change or error in the information provided in the notice
					 of appearance.
(e) The
					 Administrator is under no duty to serve papers upon a party or attorney who
					 fails to file a notice of appearance.
(f) If an attorney seeks to withdraw his
					 appearance for a party when no other attorney is representing the party, the
					 withdrawing attorney shall be granted leave to withdraw only upon petition
					 showing good cause and prior notice to the party represented by the attorney.
					 If the party is represented by co-counsel or if another attorney is entering
					 his appearance concurrently with the request to withdraw, an attorney may
					 withdraw his appearance by praecipe alone.
This section cited in 37 Pa. Code §
													171.27 (relating to service on
						  attorneys).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › PLEADINGS AND LEGAL PAPERS › Section 171.27 - Service on attorneys

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Where
					 an attorney has filed an appearance under §
											171.26 (relating to notice of
					 appearance), any subsequent notice or other written communication required to
					 be served upon or furnished to the client shall be served upon or furnished to
					 the attorney, or one of such attorneys if the client is represented by more
					 than one attorney, at the stated address of the attorney in the same manner as
					 prescribed for his client, notwithstanding the fact that such communication may
					 in addition be furnished directly to the client.
(b) Subsection (a) supersedes 1 Pa. Code
					 §
											31.26 (relating to service on
					 attorneys).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › PLEADINGS AND LEGAL PAPERS › Section 171.28 - Joinder of additional parties

Current through Register Vol. 54, No. 28, July 13, 2024
Subject to the limitations of Pa.R.C.P. at any time up to
						the selection of any panel members, a party may join any additional party who
						may be necessary and proper to a just determination of the
						claim.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › DISCOVERY › Section 171.31 - Discovery permitted

Current through Register Vol. 54, No. 28, July 13, 2024
Except as provided by this chapter or directed by the
						Administrator, parties to the arbitration may take depositions and obtain
						discovery regarding the subject matter of the arbitration and may use and
						exercise the same rights, remedies, and procedures and be subject to the same
						duties, liabilities and obligations in the arbitration procedure as if the
						subject matter of the arbitration were pending in a civil action before a court
						of common pleas of the Commonwealth.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › DISCOVERY › Section 171.33 - Discovery limitations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 time limits on commencing discovery in all claims shall be the same as those
					 set forth in Pa.R.C.P.
(b) Unless
					 otherwise directed, all discovery shall be completed within 30 days after the
					 Administrator confirms that the claim is ready for arbitration pursuant to
					 §
											171.71(d)
					 (relating to certificate of readiness). A petition for extension of time for
					 discovery shall clearly demonstrate to the Administrator the petitioner's
					 diligence in the pursuit of discovery in the time permitted, the need for
					 further discovery, and specific plans and schedule for a prompt conclusion to
					 discovery. The time limitation placed on discovery does not relieve an expert
					 witness or a party of a responsibility to file supplemental responses. The
					 parties may file the supplemental responses after the close of discovery
					 without seeking leave of the Administrator.
(c) Absent agreement of the parties or leave
					 of the Administrator, depositions shall be held in the county in which the
					 cause of action arose.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › DISCOVERY › Section 171.34 - Filing of discovery

Current through Register Vol. 54, No. 28, July 13, 2024
Unless otherwise provided in this chapter, all discovery
						which Pa.R.C.P. requires to be filed in a court shall be filed with the
						Administrator.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › DISCOVERY › Section 171.35 - Subpoenas

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon payment of
					 the appropriate fee by a party, the Administrator will issue subpoenas to
					 require the attendance of witnesses and the production of documents and
					 tangible things at a deposition or an arbitration hearing.
(b) Any witness who refuses to obey a
					 subpoena issued by the Administrator or an arbitration panel; who refuses to be
					 sworn or affirmed or to testify; or who is guilty of any contempt after summons
					 to appear may be punished for contempt of court. The contempt of court
					 proceedings shall be held in the court of common pleas in the county in which
					 the cause of action arose.
(c)
					 Subsections (a) and (b) supersede 1 Pa. Code §
											35.142 (relating to
					 subpoenas).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › PREARBITRATION HEARING MOTIONS › Section 171.41 - Ruling on prehearing procedures and discovery

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Prior to the appointment of a chairperson
					 of an arbitration panel, the Administrator will determine all questions
					 involving prehearing procedures, discovery, and motions. After a chairperson
					 has been designated by the Administrator, the chairperson shall assume such
					 responsibilities. Prior to the first meeting of the arbitration panel, all
					 petitions for approval of compromise, settlement or discontinuance required or
					 authorized by law or rule of court will be determined by the
					 Administrator.
(b) Unless otherwise
					 directed by the act, this chapter or the Administrator, the parties may file
					 any motion permitted under Pa.R.C.P.
(c) Unless the Administrator determines that
					 depositions or oral argument are required, the Administrator will automatically
					 decide motions and preliminary objections after answers thereto have been filed
					 or the time for filing an answer has passed.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › PREARBITRATION HEARING MOTIONS › Section 171.42 - Presenting motions

Current through Register Vol. 54, No. 28, July 13, 2024
All motions made prior to the commencement of the
						arbitration hearing shall be in writing, unless otherwise directed, and shall
						be filed with the Administrator.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › PREARBITRATION HEARING MOTIONS › Section 171.43 - Oral argument

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Any
					 party-by filing a formal Request for Oral Argument-or the Administrator may
					 request oral argument on any motion. The oral argument shall be held in
					 Harrisburg, unless otherwise directed. The Administrator may direct that oral
					 argument be made by a telephone conference call.
(b) The Administrator will have the power to
					 control the form, manner and time of each oral argument.
(c) A party's failure to file a specific
					 Request for Oral Argument with his motion or answer to the motion will be
					 deemed an election to proceed without oral argument. The Administrator may deny
					 oral argument if he determines it will serve no useful purpose.
(d) This section may not affect the parties'
					 need to file memoranda of law or answers within the time limits provided by
					 this chapter.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › PREARBITRATION HEARING MOTIONS › Section 171.44 - Supporting legal authority

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 party filing a preliminary objection, motion, answer to preliminary objection,
					 or answer to a motion shall serve and file therewith a memorandum of law to be
					 relied upon. The absence of the memorandum may be deemed by the Administrator
					 as an admission that such party's argument is not meritorious and may provide
					 cause for its denial.
(b)
					 Subsection (a) supersedes 1 Pa. Code §§
											35.9,
					 35.17 and
					 35.35 (relating to formal
					 complaints generally; petitions generally; and answers to complaints and
					 petitions).