55 Pa. Code § 3270.12 - Appeals
(a) Appeals related
to the Department's approval or licensure decisions shall be made under
2
Pa.C.S. §§
501-508 and
701-704 (relating to
Administrative Agency Law) and 1 Pa. Code Part II (relating to General Rules of
Administrative Practice and Procedure).
(b) Appeals related to the Department's
approval or licensure shall be made by filing a petition within 30 days after
service of notice of the action.
(c)
An operator may appeal a Departmental decision relating to the status of a
certificate of compliance of a facility owned or operated by the legal
entity.
(d) The Department will
include information relative to appeal procedures when notifying operators of
one or more of the following decisions:
(1)
The denial of a certificate of compliance.
(2) The nonrenewal of a certificate of
compliance.
(3) The revocation of a
certificate of compliance.
(4) The
issuance of a provisional certificate of compliance.
(5) The establishment of a period for which a
provisional certificate of compliance is issued.
(6) The reduction of the maximum facility
capacity.
(7) The denial of an
increase in facility capacity.
(8)
The limiting or precluding admission of persons into the facility.
(e) Subsection (b) supersedes the
appeal period of 1 Pa. Code §35.20 (relating to appeals from actions of the
staff).
Notes
This section cited in 55 Pa. Code § 3270.241 (relating to requirements specific to school-age programs).
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