Pennsylvania Code
Title 37 - LAW
Part III - Agencies and Offices
Subpart L - State Health Facility Hearing Board
Chapter 197 - PRACTICE AND PROCEDURE
PETITIONS PERTAINING TO OBJECTIONS TO PUBLISHED REGULATIONS, CRITERIA OR STANDARDS OF THE DEPARTMENT OR HEALTH SYSTEMS AGENCY
Section 197.64 - Contents of petition

Universal Citation: 37 PA Code § 197.64

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

(a) The petition requesting Hearing Board review of regulations, criteria or standards shall be in the form set forth in § 197.65 (relating to form of petition) and include the following:

(1) The regulation, criterion or standard to which petitioner objects.

(2) The date of adoption or approval of the regulation, criterion or standard.

(3) The entity adopting or approving the regulation, criterion or standard.

(4) The date of written notification to the Department or health systems agency of petitioner's objections to the regulation, criterion or standard. A copy of the notification shall be attached to the petition.

(5) The date of the negative reply, if any, from the Department or health systems agency. A copy of the reply shall be attached to the petition.

(6) Specific objection of the petitioner to the regulation, criterion or standard.

(7) The reasons for objection of the petitioner.

(8) The consequences which petitioner alleges will result from the continued application or enforcement of such regulation, criterion, or standard.

(9) Whether a hearing on the petition and a stenographic record are requested.

(b) The petition shall also include as an attachment a copy of the regulation, criterion or standard to which the petition applies.

(c) In addition to the petition containing the information set forth in subsection (a), petitioner shall have the option of filing a memorandum of law in support of the petition. The memorandum shall be filed at the time of filing the petition. An original and three copies shall be filed.

(d) A certificate of service in the form set forth in § 197.6 (relating to form of certificate of service) shall be attached to the petition.

The provisions of this §197.64 amended under section 805 of the Health Care Facilities Act (35 P. S. § 448.805); 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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