34 Pa. Code § 213.7 - Appeal proceedings before the Board
(a) In appeals under this chapter, the
Board's scope of review of the Secretary's determination is limited to a review
for errors of law and whether the necessary findings of the Secretary are
supported by substantial evidence in the record.
(b) Issues not raised in the notice of appeal
or not argued in the appellant's brief will be deemed waived.
(c) In appeals, the Board will not hear
testimony or receive evidence. Requests for evidentiary hearings shall be in
the nature of a request for a remand to the Secretary and shall be set forth in
the notice of appeal and addressed in the briefs.
(d) The Board may remand an appeal to the
Secretary for further hearing, consideration and determination.
(e) Oral argument shall be heard by the Board
in appeals, unless waived by the parties. Notice of oral argument shall be
furnished by the Board to all parties or their representatives. Argument may be
limited at the Board's discretion.
Notes
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