WAIVER OF RULES
§ 33.61. Applications for waiver of formal requirements.
(a) Pleadings, submittals or other documents which are subject to rejection under § 31.5 (relating to communications and filings generally) may be accompanied by a request, under § 35.18 (relating to petitions for issuance, amendment, waiver or repeal of regulations) for waiver of, or exception to, a provision of this chapter or regulations or requirements with which the document tendered is in conflict or does not conform. The request shall show the nature of the waiver or exception desired and set forth the reasons in support thereof. Unacceptable filings may be returned by the agency with an indication of the deficiencies thereof and the reasons for nonacceptance and return.
(b) Unless the agency shall expressly so order, acceptance for filing may not waive a failure to comply with this chapter, the regulations of the agency or another applicable requirement, and the failure may be cause for striking all or any part of the filings.
Notes of Decisions The fact that the Department of Public Welfare filed and docketed an appeal did not constitute a waiver of the failure of the appellant to meet the applicable appeal period as the appellant did not claim an unreasonable delay in receipt of a letter from Department of Public Welfare advising the appellant of the 30 day appeal period for audit disallowances nor did an order exist waiving the appellant’s 30 day appeal period. Friends Hospital v. Department of Public Welfare, 551 A.2d 640 (Pa. Cmwlth. 1988).
Cross References This section cited in 34 Pa. Code § 111.15 (relating to no other pleadings allowed); 34 Pa. Code § 131.3 (relating to waiver and modification of rules); 34 Pa. Code § 131.202 (relating to first hearing information and stay); 40 Pa. Code § 15.42 (relating to waiver of hearing or appeal); 40 Pa. Code § 15.45 (relating to notice of hearings; effect of waiver of hearing); 52 Pa. Code § 1.91 (relating to applications for waiver of formal requirements); 52 Pa. Code § 1001.101 (relating to applications for waiver of formal requirements); and 61 Pa. Code § 702.4 (relating to filing generally).
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