APPEALS
§ 1230a.38. Commencement, form and content of Notice of Appeal.
(a) An appeal from an action of the Office shall start with the filing of a Notice of Appeal with the Department.
(b) The caption of a Notice of Appeal must be in the following form:
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF HEALTH
Name of Appellant : Docket No.:
Address of Appellant : Telephone Number of Appellant, : Appellant/Petitioner, : v. : : The Pennsylvania Department of Health, : : Office of Medical Marijuana, : Appellee/Respondent. :
NOTICE OF APPEAL
(c) The Notice of Appeal must set forth the name, mailing address, e-mail address, permit number or application number, if one has been assigned, and telephone number of the appellant. If the appellant is represented by an attorney, the Notice of Appeal shall be signed by at least one attorney of record in the attorney’s individual name.
(d) If the appellant has received written notification of an action of the Office, a copy of the action must be attached to the Notice of Appeal.
(e) The Notice of Appeal must set forth in separate numbered paragraphs the specific objections to the action of the Office. The objections may be factual or legal.
(f) The Notice of Appeal must be typewritten on letter-size paper (approximately 8 to 8 1/2 inches by 10 1/2 to 11 inches) and pages after the first must be numbered. Photocopies will be accepted as typewritten, provided that the copies are legible. Failure to comply with these requirements will not result in rejection or dismissal of the Notice of Appeal. The Department may request that the appellant file an amended version of the Notice of Appeal in proper form.
(g) The appellant shall, concurrent with or prior to the filing of a Notice of Appeal, serve two copies on the Department’s Office of Legal Counsel in the same manner in which the Notice of Appeal is filed with the Department.
(h) Subsections (a)—(g) supersede 1 Pa. Code § § 35.5—35.7 and 35.20.
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