§ 20.82. Written request for appeal.
(a) The legal entity may appeal a Departmental decision specified in § 20.81 (relating to decisions that may be appealed) under 2 Pa.C.S. § § 501—508 and 701—704 (relating to Administrative Agency Law) and 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure).
(b) Except for facilities licensed or approved under Chapters 2600 and 3800 (relating to personal care home licensing; and child residential and day treatment facilities), the legal entity may appeal by filing a petition within 30 days after service of notice of the action.
(c) Subsection (b) supersedes the appeal period of 1 Pa. Code § 35.20 (relating to appeals from actions of the staff).
Source The provisions of this § 20.82 amended October 3, 2008, effective November 3, 2008, 38 Pa.B. 5435. Immediately preceding text appears at serial pages (337420) and (201492).
Cross References This section cited in 55 Pa. Code § 20.2 (relating to applicability).
APPENDIX A
CIVIL RIGHTS COMPLIANCE—STATEMENT OF POLICY
(a) A facility shall comply with the following statutes and regulations thereunder that prohibit discrimination on the basis of race, color, religious creed, disability, handicap, ancestry, national origin, age or sex:
(1) The Pennsylvania Human Relations Act (43 P.S. § § 951—962.2).
(2) The Age Discrimination Act of 1975 (42 U.S.C.A. § § 6101—6107).
(3) Title VI of the Civil Rights Act of 1964 (42 U.S.C.A. § § 2000d—2000d-4), if applicable.
(4) Section 504 of the Rehabilitation Act of 1973 (29 U.S.C.A. § 794), if applicable.
(5) Title VII of the Civil Rights Act of 1964 (42 U.S.C. § § 2000e—2000e-17), if applicable.
(b) A Certificate of Compliance will not be granted to a provider unless there has been compliance with civil rights laws and applicable regulations.
(c) Applicants, clients or staff will not be discriminated against because of race, color, religious creed, disability, handicap, ancestry, national origin, age or sex and shall observe applicable State and Federal statutes and regulations.
(d) The facility shall develop and implement civil rights policies and procedures for clients and staff in accordance with applicable civil rights laws and regulations which include the following:
(1) A nondiscrimination policy which states that admissions, referrals, services and employment actions are provided without regard to race, sex, color, national origin, ancestry, religious creed, disability, handicap or age.
(2) Reasonable physical accommodations and program accessibility to staff or clients with physical disabilities.
(3) A procedure by which staff and clients can file complaints alleging discrimination and have their complaints investigated and resolved objectively which includes the name of the person assigned to investigate the complaint.
Source The provisions of this Appendix A adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1516.
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