37 Pa. Code § 197.44. Limitation of issues and evidence.

§ 197.44. Limitation of issues and evidence.

(a)  The appeal shall be limited to those issues raised by the appellant in the specification of objections to the decision of the Department. No issues may be raised which were not raised in the proceedings before the health systems agency or the Department.
(b)  The Board will entertain no evidence that the Board is satisfied that the appellant was able, by exercise of reasonable diligence, to have submitted before the health systems agency and the Department. This subsection supersedes in part 1 Pa. Code §  35.161 (relating to form and admissibility of evidence).

Source

   The provisions of this §  197.44 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 §  197.42 (relating to appeal briefs).

No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.