55 Pa. Code § 41.41 - Waiver request
(a) A
provider may include a waiver request in a petition for relief only if the
regulation that is the subject of the waiver request is not a basis for an
agency action involving the provider.
(b) If an agency action involving the
provider depends, in whole or in part, upon the application of a regulation of
the Department, a provider aggrieved by that agency action may only present a
waiver request pertaining to that regulation in the context of a request for
hearing filed in accordance with §
41.31 (relating to request for
hearing).
(c) To the extent that the
waiver sought by a provider in a petition for relief has been or could have
been included in a request for hearing, the Bureau will dismiss the petition
for relief.
(d) Subsections (a)-(c)
supersede 1 Pa. Code §35.18 (relating to petitions for issuance, amendment,
waiver or deletion of regulations) to the extent that an appealable agency
action is involved.
Notes
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