22 Pa. Code § 32.6 - Enforcement
(a) If efforts to
secure compliance with this chapter through conciliation and persuasion have
failed or if the Department finds that the institution has not made the
requisite good faith effort to meet its commitments made under §
32.5 (relating to compliance
review), the Department will issue a notice of noncompliance to the institution
on giving it 30 days after receipt of that notice to show cause why the
imposition of sanctions under this chapter should not be instituted. The notice
shall set forth the particulars which constitute the basis of the asserted
noncompliance.
(b) During the
show-cause period of 30 days, the Department will continue, through
conciliation, mediation and persuasion, to resolve the deficiencies which led
to the determination of noncompliance.
(c) If the institution is unable to show good
cause for its failure to resolve the deficiencies, the Department will issue a
notice of proposed imposition of sanctions. The notice shall constitute an
order to show cause within the meaning of 1 Pa. Code §35.14 (relating to
orders to show cause). The institution shall be entitled to all of the rights
provided by
2
Pa.C.S. §
103 (relating to
Administrative Agency Law) and the regulations promulgated thereunder with
respect to hearing and appeals. If a request for hearing is not made within the
time provided by law, the sanctions described in the notice will be immediately
imposed, unless compliance is obtained by agreement.
Notes
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