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 197.71 - Decision of the Hearing Board

(a) Upon the conclusion of the hearing, if any, the hearing board member who presided shall prepare a report and recommendation for consideration by the full Hearing Board. This subsection supersedes 1 Pa. Code §35.202 (relating to proceedings in which proposed reports are prepared).

(b) At least two of the three members will vote in favor of requesting reconsideration; otherwise, the Hearing Board will not request reconsideration of the regulations, criteria or standards.

(c) If the Hearing Board, with or without a hearing, determines that petitioner's objections to the regulations, criteria or standards are valid, it will request the Department or health systems agency to reconsider its regulation, criterion or standard. The request shall set forth with specificity the reasons for suggesting the reconsideration.