§ 197.71. Decision of the Hearing Board.
(a) Upon the conclusion of the hearing, if any, the hearing board member who presided shall prepare a report and recommendation for consideration by the full Hearing Board. This subsection supersedes 1 Pa. Code § 35.202 (relating to proceedings in which proposed reports are prepared).
(b) At least two of the three members will vote in favor of requesting reconsideration; otherwise, the Hearing Board will not request reconsideration of the regulations, criteria or standards.
(c) If the Hearing Board, with or without a hearing, determines that petitioner’s objections to the regulations, criteria or standards are valid, it will request the Department or health systems agency to reconsider its regulation, criterion or standard. The request shall set forth with specificity the reasons for suggesting the reconsideration.
Source The provisions of this § 197.71 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).
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