7 Pa. Code § 138e.42. Review, certification and approval of a county program.

§ 138e.42. Review, certification and approval of a county program.

(a)  The State Board will acknowledge receipt of the county program and may request additional information.
(b)  Within 60 days of receipt of a complete county program, the State Board will approve or disapprove the county program.
   (1)  The State Board will approve the county program if it finds that the standards, criteria and requirements in the act and § §  138e.11—138e.21 (relating to requirements for certification of county program) have been satisfied, and will immediately notify the county board in writing that the county program has been approved.
   (2)  The State Board will disapprove the county program if it is not in accordance with the act and § §  138e.11—138e.21 and will immediately notify the county board in writing of the reasons for the disapproval. The county board may submit a revised county program to the State Board. The revised county program shall be treated as a new request for certification and approval.
   (3)  The county board may withdraw its county program from the State Board prior to action by the State Board. The county board may resubmit the county program for review. The State Board has 60 days from resubmittal to act on the county program.
(c)  A decision of the State Board to disapprove a county program shall be an adjudication subject to 2 Pa.C.S. § §  501—508 and 701—704 (relating to the Administrative Agency Law). An appeal from a decision of the State Board to disapprove a county program may be made by the county board to the Secretary and shall be filed in writing with the Secretary within 30 days of the State Board’s action. An appeal from a decision of the State Board will be governed by 1 Pa. Code Part II (relating to general rules of administrative practice and procedure).

Source

   The provisions of this §  138e.42 amended December 26, 1997, effective December 27, 1997, 27 Pa.B. 6782; amended April 30, 2004, effective May 1, 2004, 34 Pa.B. 2421. Immediately preceding text appears at serial pages (239101) to (239102).

Cross References

   This section cited in 7 Pa. Code §  138e.43 (relating to revision of county program).

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