37 Pa. Code § 197.40. Preliminary motions.

§ 197.40. Preliminary motions.

(a)  A party may file a motion to strike the appeal on the grounds that appellant lacks standing to file the appeal, or a motion to quash the appeal on the grounds that it does not conform to the act or this chapter. A motion shall be filed within 10 days of the last date for filing of the notice of appeal. This subsection supplements 1 Pa. Code §  35.54 (relating to motions as to complaint).
(b)  Upon receipt of a motion to strike or motion to quash, the Hearing Board may issue a rule to show cause why the appeal should not be stricken or quashed.
(c)  The Hearing Board may, on its own motion at any time, issue a rule to show cause why an appeal should not be stricken for lack of standing or quashed for failure to conform to the act or this chapter.
(d)  Where the preliminary motion, or an answer thereto, contains allegations of fact which do not appear of record, the allegations shall be verified under oath.
(e)  Where a rule to show cause is issued under subsections (b) or (c) all proceedings shall be stayed pending disposition of the matter by the Hearing Board unless the rule to show cause specifically states otherwise.

Authority

   The provisions of this §  197.40 amended under section 805(b) of the Health Care Facilities Act (35 P. S. §  448.805(b)); and 2 Pa.C.S. §  102(a).

Source

   The provisions of this §  197.40 adopted May 1, 1981, effective May 2, 1981, 11 Pa.B. 1455; amended May 21, 1982, effective May 22, 1982, 12 Pa.B. 1642; amended August 19, 1983, effective August 20, 1983, 13 Pa.B. 2551. Immediately preceding text appears at serial pages (70912) and (70913).

Cross References

   This section cited in 37 Pa. Code §  197.15 (relating to recording of proceedings).

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