§ 197.87. Supersedeas.
(a) An appeal to the Hearing Board from a decision of the Department relating to licensure may not act as an automatic supersedeas of the decision of the Department; but, upon cause shown, the Board may grant a supersedeas.
(b) No application for supersedeas will be considered by the Hearing Board until the application has been presented to the Department and a decision thereon has been rendered by the Department.
(c) An application for supersedeas filed with the Hearing Board shall show that application has been made to the Department and denied, with the reasons given by it for the denial. The application shall also show the reasons for the relief requested and the facts relied upon; and, if the facts are subject to dispute, the application shall be supported by sworn or verified statements or copies thereof. With the application shall be filed parts, if any, of the record as are relevant to the relief sought.
(d) Upon receipt of an application for supersedeas, a member of the Hearing Board may issue an order denying or granting the relief sought.
Source The provisions of this § 197.87 adopted May 1, 1981, effective May 2, 1981, 11 Pa.B. 1455.
Cross References This section cited in 37 Pa. Code § 197.15 (relating to recording of proceedings); and 37 Pa. Code § 197.81 (relating to definitions).
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