Pennsylvania Code
Title 55 - HUMAN SERVICES
Part I - Department of Human Services
Subpart D - Hearings and Appeals
Chapter 41 - MEDICAL ASSISTANCE PROVIDER APPEAL PROCEDURES
SUPERSEDEAS
Section 41.52 - Contents of petition for supersedeas
Universal Citation: 55 PA Code ยง 41.52
Current through Register Vol. 54, No. 44, November 2, 2024
(a) A petition for supersedeas must plead facts with particularity and be supported by one of the following:
(1) Affidavits prepared as specified in
Pa.R.C.P. Nos. 76 and 1035.4 (relating to definitions; and motion for summary
judgment), setting forth facts upon which issuance of the supersedeas may
depend.
(2) An explanation of why
affidavits have not accompanied the petition if no supporting affidavit is
submitted with the petition for supersedeas.
(b) A petition for supersedeas must state with particularity the citations of legal authority the petitioner believes form the basis for the grant of supersedeas.
(c) A petition for supersedeas may be denied upon motion made before a supersedeas hearing or during the proceedings, or sua sponte, without hearing, for one of the following reasons:
(1) Lack of particularity of the facts
pleaded.
(2) Lack of particularity
or inapplicability of the legal authority cited as the basis for the grant of
the supersedeas.
(3) An
inadequately explained failure to support factual allegations by
affidavit.
(4) A failure to state
grounds sufficient for the granting of a supersedeas.
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