Pennsylvania Code
Title 37 - LAW
Part III - Agencies and Offices
Subpart L - State Health Facility Hearing Board
Chapter 197 - PRACTICE AND PROCEDURE
APPEALS FROM DECISIONS PERTAINING TO CERTIFICATES OF NEED
Section 197.42 - Appeal briefs

Universal Citation: 37 PA Code ยง 197.42

Current through Register Vol. 54, No. 44, November 2, 2024

(a) The appellant shall file an appeal brief with the Hearing Board within 20 days of the certification of the record below.

(b) The appeal brief shall contain:

(1) A summary of the facts.

(2) A statement of the legal issues involved in the appeal.

(3) A statement of the legal arguments upon which the appeal is based.

(c) The appeal brief shall be limited to those issues which may be raised under § 197.44 (relating to limitation of issues and evidence).

(d) No further prehearing briefs may be filed by the appellant except by permission of the Hearing Board.

(e) The failure of appellant to file an appeal brief within the time prescribed by subsection (a) or an extension thereof granted by the Hearing Board may result in the Hearing Board's quashing the appeal.

The provisions of this §197.42 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).

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