Pennsylvania Code
Title 37 - LAW
Part III - Agencies and Offices
Subpart L - State Health Facility Hearing Board
Chapter 197 - PRACTICE AND PROCEDURE
APPEALS FROM DECISIONS PERTAINING TO CERTIFICATES OF NEED
Section 197.45 - Scope of review
Universal Citation: 37 PA Code ยง 197.45
Current through Register Vol. 54, No. 44, November 2, 2024
(a) In the case of appeals filed under § 197.32(1), (2) and (4) (relating to appealable decisions) the Hearing Board will limit its review to the following issues:
(1) Whether the decision of the Department is
supported by substantial evidence.
(2) Whether there was a violation of
constitutional or statutory law or the regulations of the Department.
(3) Whether there was any prejudicial
procedural error committed during the review.
(b) In the case of appeals filed under § 197.32(3) the Hearing Board will limit its review to the question of whether the Department abused its discretion in denying the request for reconsideration.
This section cited in 37 Pa. Code § 197.15 (relating to recording of proceedings).
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