§ 41.212. Review of Bureau determinations.
(a) A determination of the Bureau will be deemed the final adjudication of the Department effective upon expiration of the 30-day time period specified in subsection (b) unless an aggrieved party requests review by the Secretary within that 30-day time period.
(b) A request for review shall be filed within 30 days of the mailing date of the Bureau determination. An untimely request for review will be dismissed as of course unless the filing party can satisfy the requirements of § 41.33 (relating to appeals nunc pro tunc).
(c) A request for review must be in writing, state concisely the alleged errors in the Bureau determination and identify the particular relief sought. If the party requesting review is seeking relief by reason of matters that have arisen since the hearing and Bureau determination, or by reason of a matter that would arise from compliance with the Bureau determination, the party shall specifically identify those matters in its request.
(d) If an aggrieved party timely requests review of a Bureau determination, the Secretary may enter an order granting or denying the request for review within 30 days of receipt of the request. No party has a right to have a Bureau determination reviewed by the Secretary, but only a right to request this review. The decision to grant or deny a request lies within the discretion of the Secretary.
(e) If the Secretary enters an order denying a request for review within 30 days of receipt of the request, the Bureau’s determination will be deemed the final adjudication of the Department effective on the date of the order denying the request for review.
(f) If the Secretary fails to act on a request for review within 30 days of receipt of the request, the request for review will be deemed denied. The Bureau’s determination will be deemed the final adjudication of the Department effective on the date on which the request for review is deemed denied.
(g) Answers to a request for review will not be considered by the Secretary unless the Secretary has granted review. If, and to the extent the Secretary has granted review, a response in the nature of an answer may be filed by a party, other than the party requesting review. The response must be confined to the issues upon which the Secretary has granted review.
(h) If the Secretary grants review, the Secretary will enter a final order within 180 days of the date of the order granting review. The final order may affirm, reverse or modify the findings of fact, conclusions of law or the relief set forth in the Bureau’s determination, and may, to promote fairness and the proper administration of the MA Program, waive compliance with program requirements.
(i) If the Secretary fails to act within 180 days of the order granting review, the determination of the Bureau will be deemed approved by, and the final order of, the Secretary effective the date it is deemed approved.
Cross References This section cited in 55 Pa. Code § 41.5 (relating to jurisdiction of the Bureau); 55 Pa. Code § 41.191 (relating to determinations and recommendations by the Bureau); 55 Pa. Code § 41.213 (relating to review of Bureau recommendations); and 55 Pa. Code § 41.214 (relating to appeals).
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