Pennsylvania Code
Title 37 - LAW
Part III - Agencies and Offices
Subpart L - State Health Facility Hearing Board
Chapter 197 - PRACTICE AND PROCEDURE
APPEALS FROM DECISIONS PERTAINING TO CERTIFICATES OF NEED
Section 197.46a - Decision without hearing

Universal Citation: 37 PA Code ยง 197.46a

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

(a) At any time following the filing of reply briefs, but not later than 30 days prior to the commencement of the hearing, a party may file a motion for decision without hearing. The motion may include a request for oral argument. The motion shall set forth with specificity the reasons why a hearing is believed to be unnecessary.

(b) Within 10 days of the filing of a motion for decision on the pleadings, a party may file an answer in opposition.

(c) If the motion for decision without hearing is granted, the Hearing Board may require the parties to file a stipulation of facts to supplement the certified record.

The provisions of this §197.46a issued and amended under section 805(b) of the Health Care Facilities Act (35 P. S. § 448.805(b)); and 2 Pa.C.S. § 102(a).

This section cited in 37 Pa. Code § 197.15 (relating to recording of proceedings).

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