reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › MISCELLANEOUS › Section 171.143 - Notice to Attorney General: constitutionality of statute

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In any
					 proceeding before an arbitration panel in which any portion of the act is
					 alleged to be unconstitutional and the Commonwealth is not a party, the party
					 raising the question of constitutionality shall promptly give notice thereof by
					 registered mail to the Attorney General together with a copy of the legal paper
					 raising the issue and shall file proof of the giving of the notice with the
					 Administrator. The Attorney General may intervene as a party or may be heard
					 without the necessity of intervention. The arbitration panel in its discretion
					 may stay the proceedings pending the giving of the notice and a reasonable
					 opportunity to the Attorney General to respond thereto. If the circumstances of
					 the case require, the arbitration panel may proceed without prior notice in
					 which event notice shall be given as soon as possible or the arbitration panel
					 may proceed without waiving action by the Attorney General in response to a
					 notice.
(b) Subsection (a)
					 supersedes 1 Pa. Code §
											35.28(b)
					 (relating to eligibility to intervene).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › MISCELLANEOUS › Section 171.144 - Attorney discipline

Current through Register Vol. 54, No. 28, July 13, 2024
The Administrator may, upon hearing and good cause shown,
						preclude any attorney from practice before the arbitration panel, subject to
						the same right of appeal as from other orders of 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 › FORMS › Section 171.151 - Form for caption

Current through Register Vol. 54, No. 28, July 13, 2024
The following is the form for caption:
COMMONWEALTH OF
PENNSYLVANIA
ARBITRATION PANELS FOR
HEALTH CARE
Plaintiff(s)
:
No.
v.
:
Defendant(s)
:
County:
v.
:
Additional Defendant(s)
:
(Form of action)
(Title of legal paper with indication of the name and
						party designation of the filing party)
This section cited in 37 Pa. Code §
													171.22 (relating to
						  captions).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › FORMS › Section 171.152 - Form for notice complaint

Current through Register Vol. 54, No. 28, July 13, 2024
The following is the form for notice complaint
COMMONWEALTH OF
PENNSYLVANIA
ARBITRATION PANELS FOR
HEALTH CARE
vs.
:
No.
County:
NOTICE COMPLAINT
TO:___________________
Name of Defendant(s)
You are hereby notified that the Plaintiff(s)___________
						allege(s) that the Defendant(s)___________ (has)(have) committed a tort or
						breach of contract causing injury or death to__________ resulting from the
						furnishing of medical services which were or which should have been
						provided.
Wherefore, plaintiff(s) request(s) arbitration of this
						claim under the Health Care Services Malpractice Act,
						40
						P. S. §
												1301.101 et seq., and judgment
						in (his)(her) (their) favor.
___________
By: ___________
Date
Attorney for Plaintiffs
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 › FORMS › Section 171.153 - Form for notice of appearance

Current through Register Vol. 54, No. 28, July 13, 2024
The following is the form for notice of
						appearance:
COMMONWEALTH OF
PENNSYLVANIA
ARBITRATION PANELS FOR
HEALTH CARE
:
vs.
:
No.
:
County:
:
(Form of action)
NOTICE OF APPEARANCE FOR (Party's name and
						designation)
Please enter my appearance in the above-captioned matter
						on behalf of
(Name of Party)
(Party's address)
I am authorized to accept service on behalf of said
						party in this matter.
(Signature)
______________
(Name)
(Firm's name)
(Address)
(Telephone number)
(Attorney certificate number)
This section cited in 37 Pa. Code §
													171.26 (relating to notice of
						  appearance).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › FORMS › Section 171.154 - Form for request for conciliation conference

Current through Register Vol. 54, No. 28, July 13, 2024
The following is the form for request for conciliation
						conference:
COMMONWEALTH OF
PENNSYLVANIA
ARBITRATION PANELS FOR
HEALTH CARE
:
:
No.
vs.
:
:
County:
:
(Form of action)
REQUEST FOR CONCILIATION CONFERENCE BY (Party's name and
						designation)
Please schedule a conciliation conference in the above
						case. I suggest the following possible dates, times, city and conference or
						court room for the conference.
The following motions, interrogatories, depositions, or
						other matters remain outstanding and must be completed prior to an arbitration
						hearing:
Of the above listed matters, the following must and are
						scheduled to be completed before the conciliation conference is held:
I certify that copies of this Request were sent to all
						other parties or their counsel by personal service or regular mail.
______________
______________
Date
(Signature of counsel, or party if
								  none)
______________
______________
(Name of party represented)
(Printed name)
This section cited in 37 Pa. Code §
													171.61 (relating to conciliation
						  conference).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › FORMS › Section 171.155 - Form for election of jurisdiction

Current through Register Vol. 54, No. 28, July 13, 2024
The following is the form for an Election of
						Jurisdiction:
COMMONWEALTH OF PENNSYLVANIA ARBITRATION PANELS FOR
						HEALTH CARE
: No.
: County:
: (Form of action)
ELECTION OF JURISDICTION
[] I request that this claim be transferred pursuant to
						Pa. R.C.P. 213(f) to the Court of Common Pleas of_______ County. This county
						has venue based on the following facts:
[] Retain this claim with the Arbitration Panels for
						Health Care for arbitration pursuant to the provisions of the Health Care
						Services Malpractice Act and the Rules of Practice and Procedure of the
						Arbitration Panels for Health Care.
I certify that on or before the day of submitting this
						form to the Administrator, a copy was mailed to or served personally upon all
						other parties or their counsel.
______________
______________
Date Signed
Signature
______________
______________
If signed by counsel, print
Print Name of Signer
name of each party represented
This section cited in 37 Pa. Code §
													171.7 (relating to Election of
						  Jurisdiction).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart J - Reserved › Chapter 191 - RESERVED › Section 191.4 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
If the Board renders a decision without a hearing, the
					 claimant and the General Counsel shall be informed of their right to request a
					 hearing by giving written notice to the Board within 20 days of receipt of the
					 decision of the Board. This hearing may be before the entire Board or a member
					 of the Board, as the Board deems appropriate.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart K - Criminal Information › Chapter 195 - CRIMINAL RECORDS › Section 195.2 - Completeness and accuracy

Current through Register Vol. 54, No. 28, July 13, 2024
(a) As to
				  each written indication contained in a repository's records that a criminal
				  charge has been brought against an individual, the repository shall maintain a
				  complete and accurate criminal record as to that charge.
(b) A complete and accurate criminal history
				  record as to a particular criminal charge shall include but shall not be
				  limited to the following:
(1) The full name
				  and any aliases of the individual charged.
(2) An accurate statement of the crime
				  charged, including: the title of the offense; and the statutory citation; and
				  for charges filed after January 1, 1980, the Offense Tracking Number (OTN)-with
				  appropriate prefixes and suffixes-whenever an OTN has been assigned.
(3) The final or latest disposition of the
				  charge.
(4) The sentence imposed
				  for a conviction of the charge.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart K - Criminal Information › Chapter 195 - CRIMINAL RECORDS › Section 195.3 - Uniform schedule of fees

Current through Register Vol. 54, No. 28, July 13, 2024
Individuals and noncriminal justice agencies requesting
					 criminal history record information, whether for individual access and review
					 or for other purposes, shall pay a nonrefundable fee not to exceed $10 for each
					 request made; however, no fee shall be charged to recruiting offices of the
					 armed forces of the United States, the Pennsylvania Civil Service Commission,
					 or the Governor's Office of Budget and Administration. The fee shall be paid by
					 check or money order and shall be made payable to the responding
					 repository.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart K - Criminal Information › Chapter 195 - CRIMINAL RECORDS › Section 195.4 - Access and review

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
				  individual shall be permitted to review his own criminal history record
				  information maintained by any repository.
(b) The individual wishing to review his own
				  record shall complete a Request for Review of Criminal History Record
				  Information Form which may be obtained from the Pennsylvania State Police or
				  from any repository. The individual making such a request shall be required to
				  indicate on the application form only his full name including any aliases, his
				  current address, the date and place of his birth, and his social security
				  number. The completed form should then be delivered, by mail or in person, to
				  the repository maintaining the information the individual wishes to
				  review.
(c) An individual
				  exercising his right to review his criminal history record information shall be
				  informed that he is not required to divulge the information or the lack thereof
				  to any person or agency.
(d) If,
				  after a proper search, criminal history record information is not found in the
				  responding repository, the individual shall be so informed, in writing, within
				  30 days of receipt by the repository of the application form and fee.
(e) If criminal history record information is
				  found in the responding repository, the repository shall, within 30 days of
				  receipt of the application form and fee, deliver by mail to the address
				  indicated on the application form or deliver in person a copy of the
				  information to the individual making the request.
(f) If the individual requests information
				  from a repository other than the central repository, the repository which
				  disseminates the criminal history record information shall indicate to the
				  recipient that the information disseminated is only that information contained
				  in its own files as of the date of the last entry and that a summary of the
				  statewide criminal history record information may be obtained from the central
				  repository.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart K - Criminal Information › Chapter 195 - CRIMINAL RECORDS › Section 195.6 - Security

Current through Register Vol. 54, No. 28, July 13, 2024
A criminal justice agency which collects, compiles,
					 maintains or disseminates criminal history record information shall develop and
					 implement a plan to insure the security of the information contained in its
					 repositories. The plan shall conform to the requirements of
					 18 Pa.C.S. §
											9131
					 (relating to security requirements for repositories) and a copy of the plan
					 shall be submitted to the Attorney General by March 5, 1980. The Attorney
					 General may approve or disapprove the plan or portions thereof and may require
					 that different procedures be implemented to insure security.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart L - State Health Facility Hearing Board › Chapter 197 - PRACTICE AND PROCEDURE › GENERAL PROVISIONS › Section 197.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Subject to
					 additional definitions contained in subsequent sections of this chapter, the
					 following words and terms, when used in this chapter, have the following
					 meanings, unless the context clearly indicates otherwise:
Act
-The Health Care Facilities Act
						(35
						P. S. §§
													448.101-448.904).
Appellant
-A person filing an appeal with
						the Hearing Board.
Applicant
-A person filing an application
						for a certificate of need.
Department
-The Department of Health of
						the Commonwealth.
Documents
-Notices, petitions, briefs,
						reply briefs, rules, motions,
praecipes
and other papers.
Health service area
-The area served by a
						health systems agency as designated in accordance with Title XV of the Public
						Health Service Act (42
						U.S.C.A. §§
													300k-1-300 n-6)
						(Repealed).
Health systems agency
-An entity which
						has been conditionally or fully designated under Title XV of the Public Health
						Service Act (42 U.S.C.A.
						§§
													300k-1-300 n-6)
						(Repealed).
Hearing Board
-The State Health Facility
						Hearing Board created under the act.
Party
-The appellant, the Department, a
						certificate of need applicant and a person who has been granted party status by
						order of the Hearing Board. The term is not synonymous with the term "parties
						to the proceeding" as used in section 703(a) of the act (35 P. S. §
													448.703(a)).
Person
-A natural person; corporation
						including associations, joint stock companies and insurance companies;
						partnership; trust; estate; association; the Commonwealth and a local
						governmental unit, authority and agency thereof. The term includes entities
						owning or operating a health care facility or health maintenance organization.
Petitioner
-A person filing a petition
						with the Hearing Board.
Project
-A proposal by a person to offer,
						develop, construct or otherwise establish or undertake to establish a new
						institutional health service.
Specification of objections
-The
						appellant's reasons for appealing the decision of the Department as set forth
						in the notice of appeal and the appeal brief.
(b) Subsection (a) supplements 1 Pa. Code
					 §
											31.3 (relating to
					 definitions).
The provisions of this §
													197.1 amended under section 805(b)
						  of the Health Care Facilities Act (35 P. S. §
														448.805(b)); and
						  2
						  Pa.C.S. §
														102(a).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart L - State Health Facility Hearing Board › Chapter 197 - PRACTICE AND PROCEDURE › GENERAL PROVISIONS › Section 197.2 - Applicability of general rules of practice and procedure

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Part II of 1 Pa. Code (relating to
					 general rules of administrative practice and procedure) applies to practice and
					 procedure before the Hearing Board insofar as it is not inconsistent with this
					 chapter.
(b) Subsection (a)
					 supplements 1 Pa. Code §
											31.1 (relating to scope of
					 part).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart L - State Health Facility Hearing Board › Chapter 197 - PRACTICE AND PROCEDURE › GENERAL PROVISIONS › Section 197.3 - Powers and duties of Hearing Board

Current through Register Vol. 54, No. 28, July 13, 2024
The Hearing Board has the power and the duty to do the
						following:
(1) Hear appeals from
					 decisions of the Department on applications for certificate of need or
					 amendments thereto.
(2) Hear
					 appeals from decisions of the Department which require a person to obtain a
					 certificate of need for major medical equipment or the acquisition of an
					 existing health care facility.
(3)
					 Hear upon petition objections to published regulations, criteria or standards
					 of health systems agencies or the Department as to the policies therein set
					 forth and where appropriate to request the promulgating agency to reconsider
					 the policies.
(4) Hear appeals from
					 decisions of the Department pertaining to licensure.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart L - State Health Facility Hearing Board › Chapter 197 - PRACTICE AND PROCEDURE › GENERAL PROVISIONS › Section 197.4 - Filings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Unless
					 otherwise directed, all documents shall be filed with the Hearing Board. Papers
					 may be filed by any of the following methods:
(1) By personal filing.
(2) By first class mail to: State Health
					 Facility Hearing Board Room 1739, Harristown II 333 King Boulevard Post Office
					 Box 11563 Harrisburg, Pennsylvania 17108
(3) By a recognized commercial courier
					 service.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart L - State Health Facility Hearing Board › Chapter 197 - PRACTICE AND PROCEDURE › GENERAL PROVISIONS › Section 197.5 - Service on other parties

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Except as otherwise provided in this chapter, copies of all documents filed
					 with the Hearing Board shall be served upon a party who has entered an
					 appearance in the appeal or petition proceeding. The copies shall be served by
					 the filing party, on or before the date of filing with the Hearing
					 Board.
(b) Service shall be either
					 by personal service, by first class mail or by a recognized commercial courier
					 service.
(c) A document filed with
					 the Hearing Board shall be accompanied by a Certificate of Service, as set
					 forth in §
											197.6 (relating to form of
					 certificate of service), indicating the party or parties served, the method of
					 service and the date of service.
(d) Subsections (a) and (b) supplement 1 Pa.
					 Code §
											33.32 (relating to service by a
					 participant). Subsection (c) supersedes 1 Pa. Code §
											33.35 (relating to proof of
					 service).
The provisions of this §
													197.5 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 §
													197.66 (relating to service of
						  petition); and 37 Pa. Code §
													197.68 (relating to reply to
						  petition).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart L - State Health Facility Hearing Board › Chapter 197 - PRACTICE AND PROCEDURE › GENERAL PROVISIONS › Section 197.6 - Form of certificate of service

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The following is the form of certificate
					 of service.
COMMONWEALTH OF PENNSYLVANIA
STATE HEALTH FACILITY HEARING BOARD
IN RE:
:
:
DOCKET NO.
:
CERTIFICATE OF SERVICE
I hereby certify that on or before the date of filing
						the following document(s):
____________________________________________
I have served a copy thereof on each of the following
						persons in the manner indicated below:
Service by first class mail addressed as
						follows:
____________________________________________
(Name and Address)
Service in person:
____________________________________________
(Name and Address)
Acceptance of service endorsed by the
						following:
____________________________________________
(Name and Address)
______________________
(Signature of Person Filing)
______________________
(Name and Address of Person Filing)
______________________
(Date)
(b) Subsection (a) supersedes 1 Pa. Code
					 §
											33.36 (relating to form of
					 certificate of service).
The provisions of this §
													197.6 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 §
													197.5 (relating to service on
						  other parties); 37 Pa. Code §
													197.34 (relating to notice of
						  appeal); 37 Pa. Code §
													197.64 (relating to contents of
						  petition); 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 › GENERAL PROVISIONS › Section 197.7 - Computation of time

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as
					 otherwise provided by law, in computing a period of time prescribed or allowed
					 by the act or by this chapter; the day of the act, event or default from which
					 the designated period of time begins to run may 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 not a Saturday, Sunday nor a holiday.
					 Intermediate Saturdays, Sundays and holidays shall be included in the
					 computation.
(b) Subsection (a) of
					 this section supplements 1 Pa. Code §
											31.12 (relating to computation of
					 time).
The provisions of this §
													197.7 amended under section 805(b)
						  of the Health Care Facilities Act (35 P. S. §
														448.805(b)); and
						  2
						  Pa.C.S. §
														102(a).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart L - State Health Facility Hearing Board › Chapter 197 - PRACTICE AND PROCEDURE › GENERAL PROVISIONS › Section 197.8 - Extension of time

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except for
					 the filing of a notice of appeal under §§
											197.34 or
					 197.84 (relating to notice of
					 appeal; or notice of appeal and answer), where an act is required or allowed to
					 be done at or within a specified period of time; the time fixed or the period
					 of time prescribed may for good cause be extended upon motion made before
					 expiration of the period originally prescribed or as previously extended; and,
					 upon motion made after the expiration of the specified period, the act may for
					 good cause be permitted to be done where reasonable grounds are shown for the
					 failure to file the motion for extension of time within the prescribed time
					 period.
(b) Requests for
					 continuance or rescheduling of hearings or for the extension of time in which
					 to perform an act required or allowed to be done at or within a specified time
					 by this chapter or by order of the Board, shall be by motion in writing, shall
					 be timely filed with the Board, and shall state the facts on which the
					 application rests; except that during the course of a hearing, the requests may
					 be made by oral motion in the hearing before the presiding member of the
					 Hearing Board.
(c) Extensions of
					 time may be granted by a member of the Hearing Board, or by the Executive
					 Director of the Hearing Board.
(d)
					 Subsections (a)-(c) supplement 1 Pa. Code §
											31.15 (relating to extensions of
					 time).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart L - State Health Facility Hearing Board › Chapter 197 - PRACTICE AND PROCEDURE › GENERAL PROVISIONS › Section 197.9 - Appearances

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An individual
					 may appear in a proceeding before the Hearing Board in his own behalf. A member
					 of a partnership may represent the partnership; a
bona fide
officer of a corporation, trust or association may represent the corporation,
					 trust or association; and an officer or employe of another agency or political
					 subdivision may represent the agency or political subdivision in an appeal or
					 petition before the Hearing Board. This subsection supersedes 1 Pa. Code §
											31.21 (relating to appearance in
					 person).
(b) A person may be
					 represented in any proceeding by an attorney at law.
(c) Only attorneys currently admitted to
					 practice before the Supreme Court of Pennsylvania may practice before the
					 Hearing Board unless they are associated in the proceeding with an attorney so
					 admitted. This subsection supplements 1 Pa. Code §
											31.22 (relating to appearance by
					 attorney).
(d) If a party is
					 represented by an attorney, the signing of the first document filed on behalf
					 of the party shall be deemed an entry of appearance. Appearance by attorneys
					 not signing the initial document shall be by notice of appearance in the form
					 indicated in §
											197.10 (relating to form of notice
					 of appearance). Subsequent to the filing of the notice of appearance, an
					 additional notice or other written communication required to be served on or
					 furnished to a person may be sent to the attorney of record for the person at
					 the stated address of the attorney. This subsection supersedes 1 Pa. Code
					 §
											31.24 (relating to notice of
					 appearance).
The provisions of this §
													197.9 issued under section 805(b)
						  of the Health Care Facilities Act (35 P. S. §
														448.805(b)); and
						  2
						  Pa.C.S. §
														102(a).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart L - State Health Facility Hearing Board › Chapter 197 - PRACTICE AND PROCEDURE › GENERAL PROVISIONS › Section 197.10 - Form of notice of appearance

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 The following is the form of notice of appearance:
COMMONWEALTH OF PENNSYLVANIA
STATE HEALTH FACILITY HEARING BOARD
IN RE:
:
:
DOCKET NO.
:
NOTICE OF APPEARANCE
Please enter my appearance in the above-designated matter
						on behalf of
___________________________________________________
(name and address of party represented)
I am authorized to accept service on behalf of said
						participant in this matter
_______________________
(Signature)
_______________________
(Name, printed)
_______________________
(P. O. Address)
_______________________
(City, State, Zip Code)
_______________________
(Area Code/Telephone No.)
_______________________
(Date)
(b) Subsection (a) supersedes 1 Pa. Code
					 §
											31.25 (relating to form of notice
					 of appearance).
The provisions of this §
													197.10 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 §
													197.9 (relating to appearances);
						  and 37 Pa. Code §
													197.68 (relating to reply to
						  petition).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart L - State Health Facility Hearing Board › Chapter 197 - PRACTICE AND PROCEDURE › GENERAL PROVISIONS › Section 197.11 - Size and form of documents

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 All documents filed with the Hearing Board shall be on paper 8 to 8 1/2 inches
					 wide by 10 1/2 to 11 inches long.
(b) Mimeographed copies are acceptable, if
					 copies are clearly legible. With exception of the certified record, documents
					 may not be backed or bound. Pages shall be fastened by staples.
(c) Subsections (a) and (b) supplement 1 Pa.
					 Code § 33.2 (relating to form).
The provisions of this §
													197.11 amended under section
						  805(b) of the Health Care Facilities Act (35 P. S. §
														448.805(b)); and
						  2
						  Pa.C.S. §
														102(a).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart L - State Health Facility Hearing Board › Chapter 197 - PRACTICE AND PROCEDURE › GENERAL PROVISIONS › Section 197.11a - Motions and petitions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Oral
					 motions and petitions are not permitted unless the Hearing Board finds the
					 submission of the motion or petition in writing to be impracticable under the
					 circumstances.
(b) A motion or
					 petition shall identify the specific statutory provision, section or subsection
					 of this chapter or 1 Pa. Code Part II (relating to general rules of
					 administrative practice and procedure) which authorizes the filing of the
					 motion or petition. Failure to do so may result in a summary denial of the
					 motion or petition.
(c) Upon the
					 filing of a motion or petition, a party to the proceeding may file an answer
					 within 10 days of the filing thereof. The failure to file an answer within the
					 time shall be deemed to be a waiver of objection to the motion or
					 petition.
(d) Rejoinders to answers
					 to motions or petitions are not permitted, except by written order of the
					 Hearing Board.
(e) A motion or
					 petition, and an answer thereto, may be accompanied by a memorandum of law.
					 Failure to submit a memorandum of law at the time of filing the motion or
					 petition or response thereto shall be deemed a waiver of the right to do
					 so.
(f) Subsection (a) supersedes 1
					 Pa. Code §
											35.17 (relating to petitions
					 generally) and supplements §
											35.178 (relating to presentation
					 of motions). Subsection (c) supplements 1 Pa. Code §
											35.35 (relating to answers to
					 complaints and petitions) and supplements §
											35.179 (relating to objections to
					 motions).
The provisions of this §
													197.11a issued under section
						  805(b) of the Health Care Facilities Act (35 P. S. §
														448.805(b)).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart L - State Health Facility Hearing Board › Chapter 197 - PRACTICE AND PROCEDURE › GENERAL PROVISIONS › Section 197.12 - Verification

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as
					 otherwise required by statute, rule of court or this chapter, it is not
					 necessary to verify under oath a document filed with the Hearing
					 Board.
(b) This section supersedes
					 1 Pa. Code § 33.12 (relating to verification).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart L - State Health Facility Hearing Board › Chapter 197 - PRACTICE AND PROCEDURE › GENERAL PROVISIONS › Section 197.13 - Prehearing discovery

Current through Register Vol. 54, No. 28, July 13, 2024
(a) No
					 prehearing discovery may be permitted in a proceeding before the Hearing Board,
					 except by written permission of the Hearing Board. Permission shall be granted
					 only where the Hearing Board is convinced that the prehearing discovery is
					 essential to a fair disposition of the case.
(b) A party wishing to conduct prehearing
					 discovery shall file with the Hearing Board a motion to permit prehearing
					 discovery. The motion shall include the nature of the proposed discovery-that
					 is, depositions or interrogatories, the time and place of the proposed
					 discovery, the persons to be deposed or interrogated, the subject matter and
					 the reasons for requesting permission to conduct prehearing
					 discovery.
(c) A party may file,
					 within 10 days of the filing of a motion to permit prehearing discovery,
					 objections to the motion to permit prehearing discovery, setting forth the
					 reasons why the discovery should not be permitted.
(d) The filing of a motion to permit
					 prehearing discovery or objections thereto will not stay the
					 proceedings.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart L - State Health Facility Hearing Board › Chapter 197 - PRACTICE AND PROCEDURE › GENERAL PROVISIONS › Section 197.13a - Subpoenas

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A party may
					 apply in writing to the Hearing Board for subpoenas for the attendance of
					 witnesses or for the production of documents. The application shall identify
					 the names and addresses of the persons to be subpoenaed.
(b) Except by special permission of the
					 Hearing Board, subpoenas may not be issued for the attendance of witnesses or
					 the production of documents which have not been listed in the prehearing
					 memorandum required by §
											197.46(b)
					 (relating to prehearing conference).
(c) Service of subpoenas shall be by personal
					 service, unless the person to be subpoenaed agrees to accept service by mail.
					 In making service, a copy of the subpoena shall be left with the person to be
					 served. The original subpoena, accompanied by an affidavit describing the
					 manner in which service was made, shall be filed with the Hearing Board. Where
					 service of the subpoena is by mail, the document evidencing agreement to accept
					 service by mail shall be filed with the Hearing Board.
(d) A motion to quash a subpoena may be filed
					 only by the person subpoenaed. The motion shall specify the reasons why the
					 person subpoenaed should not be compelled to appear and testify. Answers or
					 other responses to motions to quash by other parties to the proceeding will not
					 be entertained.
(e) Persons who are
					 subpoenaed shall be paid the same fees and mileage as are paid for like
					 services in the court of common pleas of the county in which the hearing is
					 held, and the appropriate fee shall be tendered at the time of service of the
					 subpoena.
(f) This section
					 supplements 1 Pa. Code §
											35.142 (relating to
					 subpoenas).
The provisions of this §
													197.13a issued under section
						  805(b) of the Health Care Facilities Act (35 P. S. §
														448.805(b)).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart L - State Health Facility Hearing Board › Chapter 197 - PRACTICE AND PROCEDURE › GENERAL PROVISIONS › Section 197.14 - Requests for rescheduling of a hearing

Current through Register Vol. 54, No. 28, July 13, 2024
Except in the case of unforeseeable circumstances, such
						as sudden illness or death in family a request for rescheduling of a hearing
						shall be in writing and filed with the Hearing Board no later than 7 days
						before the scheduled hearing date. The Board member who will hear the case or
						the Executive Director of the Hearing Board may grant the request upon good
						cause shown.
The provisions of this §
													197.14 issued under the Health
						  Care Facilities Act (35 P. S. §
														§
														448.101-448.904).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart L - State Health Facility Hearing Board › Chapter 197 - PRACTICE AND PROCEDURE › GENERAL PROVISIONS › Section 197.15 - Recording of proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In
					 the case of appeals filed under §§
											197.32-197.52 (relating to appeals from
					 decisions pertaining to certificates of need) or appeals filed under
					 §§
											197.81-197.94 (relating to appeals from
					 decisions pertaining to licensure); a stenographic record shall be taken; and,
					 at the discretion of the hearing board member who presides at the hearing, the
					 record shall be transcribed and a copy thereof shall be provided at cost to a
					 party requesting the record. This subsection supplements 1 Pa. Code §
											35.131 (relating to recording of
					 proceedings).
(b) In the case of
					 petitions filed under §§
											197.61-197.72 (relating to petitions
					 pertaining to objections to published regulations, criteria or standards of the
					 Department or health systems agency), a stenographic record shall be taken only
					 if requested by at least one of the participants at the hearing. Where a
					 stenographic record is requested, the person making the request shall pay the
					 cost thereof. This subsection supplements in part and supersedes in part 1 Pa.
					 Code §
											35.131.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart L - State Health Facility Hearing Board › Chapter 197 - PRACTICE AND PROCEDURE › GENERAL PROVISIONS › Section 197.16 - Discontinuances

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Hearing
					 Board may, at its sole discretion, discontinue a proceeding without prejudice
					 as to a party upon the filing of a motion to discontinue without prejudice. The
					 motion shall set forth the specific reasons for requesting the discontinuance
					 and shall certify that all parties to the proceeding have been consulted and
					 have no objections to the discontinuance.
(b) A proceeding before the Hearing Board may
					 be discontinued with prejudice as to a party at any time upon filing by the
					 party of a
praecipe
for discontinuance.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart L - State Health Facility Hearing Board › Chapter 197 - PRACTICE AND PROCEDURE › GENERAL PROVISIONS › Section 197.16a - Inactive appeals

Current through Register Vol. 54, No. 28, July 13, 2024
In the case of an appeal which has been inactive for a
						period of at least 1 year, the Executive Director shall cause to be issued a
						rule directing the appellant to show cause why the appeal should not be
						discontinued for want of prosecution. If no answer to the rule to show cause is
						filed by the appellant, or if appellant fails to show good cause for continuing
						the appeal, an order shall be issued discontinuing the appeal with
						prejudice.
The provisions of this §
													197.16a issued under section
						  805(b) of the Health Care Facilities Act (35 P. S. §
														448.805(b)).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart L - State Health Facility Hearing Board › Chapter 197 - PRACTICE AND PROCEDURE › GENERAL PROVISIONS › Section 197.17 - Ex parte communications

Current through Register Vol. 54, No. 28, July 13, 2024
No ex parte communications shall occur between a party or
						a person acting on behalf of a party and a board member or employe of the
						Hearing Board after the filing of a Notice of Appeal under §§
											197.34 or
						197.84 (relating to notice of
						appeal; or 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 › GENERAL PROVISIONS › Section 197.18 - Attorney discipline

Current through Register Vol. 54, No. 28, July 13, 2024
The Hearing Board may, upon hearing and good cause shown,
						exclude an attorney from practice before the Hearing Board, subject to the same
						right of appeal as from other decisions of the Hearing Board. Good cause for
						exclusion includes, but is not limited to:
(1) Intentional disruption or delay of
					 proceedings.
(2) Contemptuous
					 conduct at hearings.
(3) Willful
					 failure to comply with a lawful order of the Hearing Board.
(4) Conduct constituting an affront to the
					 dignity and authority 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 › GENERAL PROVISIONS › Section 197.19 - Executive Director's authority

Current through Register Vol. 54, No. 28, July 13, 2024
In the interest of an economical and judicious use of the
						Hearing Board's time and to expedite the response to routine motions,
						petitions, notices and requests; the Executive Director of the Hearing Board,
						upon consultation with at least one member of the Board, is authorized to rule
						upon and execute orders and notices on behalf of the Hearing Board in all
						matters which do not affect the substantive rights of the
						parties.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart L - State Health Facility Hearing Board › Chapter 197 - PRACTICE AND PROCEDURE › GENERAL PROVISIONS › Section 197.20 - Public access to records and hearings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) All records of the Hearing Board, except
					 personnel files, will be made accessible to the public upon written request.
					 The records will be made available for inspection during regular business
					 hours, and copies may be obtained at 25¢ a page.
(b) All hearings will be open to the
					 public.
The provisions of this §
													197.20 amended under section
						  805(b) of the Health Care Facilities Act (35 P. S. §
														448.805(b)).
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 197.32 - Appealable decisions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 following decisions of the Department may be appealed:
(1) The granting or refusal of a certificate
					 of need or amendment thereto.
(2)
					 The decision to require a person to obtain a certificate of need for major
					 medical equipment or the acquisition of an existing health care
					 facility.
(3) The denial of a
					 request for reconsideration of the decision of the Department to grant or
					 refuse a certificate of need.
(4)
					 The decision that a project is reviewable.
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 197.33 - Standing to file an appeal

Current through Register Vol. 54, No. 28, July 13, 2024
The following persons have standing to appeal a decision
						of the Department which is appealable under §
											197.32(a)(1)-(3)
						(relating to appealable decisions):
(1) The applicant.
(2) The health systems agency for the health
					 service area in which the proposed new institutional health service is to be
					 offered or developed.
(3) A person
					 who was a party before the health systems agency under section 703(a) of the
					 act (35 P. S. §
												448.701).
(b) The following persons shall have standing
					 to appeal a decision of the Department which is appealable under §
					 197.32(a)(4):
(1) The person whose project has
					 been determined to be reviewable.
(2) The health systems agency for the health
					 service area in which the proposed new institutional health service is to be
					 offered or developed.
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 197.34 - Notice of appeal

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 §
											197.35 (relating to form of notice
					 of appeal) within 30 days of the decision or the date of mailing of the
					 decision which is being appealed, whichever is later. The filing of a petition
					 for reconsideration with the Department does not toll the running of the 30-day
					 period.
(b) The notice of appeal
					 shall set forth in general terms the specification of objections. Specific
					 arguments shall be reserved for the appeal brief. Except for issues which are
					 based on facts and evidence not known to appellant in advance of the hearing,
					 issues not raised and argued in the appeal brief shall be deemed to be
					 waived.
(c) A copy of the notice of
					 appeal shall be sent to the Department, to the health systems agency in the
					 area in which the health care facility is located, to the applicant and to each
					 person who has filed an objection to the application for the certificate of
					 need in the proceedings before the health systems agency or the Department
					 unless the objection was withdrawn prior to the filing of the notice of appeal.
					 A certificate of service in the form set forth in §
											197.6 (relating to form of
					 certificate of service) shall be attached to the notice of appeal.
(d) Service of a copy of the notice of appeal
					 on the persons to be served by subsection (c) will not be deemed a waiver of
					 appellant's right to object to the person's right to become a party to the
					 appeal.
(e) The failure to serve a
					 copy of the notice of appeal upon all parties required to be served under
					 subsection (c) will not stay the proceedings; however, upon the omission, the
					 Board will issue an order directing the appellant to serve all parties, and the
					 failure to do so within the time specified in the order may result in the
					 dismissal of the appeal.
(f) This
					 subsection supplements 1 Pa. Code §
											33.32 (relating to service by a
					 participant) and supersedes 1 Pa. Code §
											33.35 (relating to proof of
					 service).
The provisions of this §
													197.34 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 §
													197.8 (relating to extension of
						  time); 37 Pa. Code §
													197.15 (relating to recording of
						  proceedings); and 37 Pa. Code §
													197.17 (relating to
ex
						  parte
communications).
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 197.35 - Form of notice of appeal

Current through Register Vol. 54, No. 28, July 13, 2024
The following is the form of notice of appeal:
Click
						to view image
Click
						to view image
The provisions of this §
													197.35 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 §
													197.34 (relating to notice of
						  appeal).