REQUESTS FOR HEARING, PETITIONS FOR RELIEF
AND OTHER PRELIMINARY MATTERS
§ 41.31. Request for hearing.
(a) A provider that is aggrieved by an agency action may appeal and obtain review of that action by the Bureau by filing a request for hearing in accordance with this chapter.
(b) A provider is aggrieved by an agency action if the action adversely affects the personal or property rights, privileges, immunities, duties, liabilities or obligations of the provider.
(c) When a provider files a request for hearing to contest an agency action, the program office that issued the notice of the agency action is a party to the provider appeal.
(d) A request for hearing must include the following:
(1) The name, address and telephone number of the provider.
(2) Detailed reasons why the provider believes the agency action is factually or legally erroneous.
(3) Identification of the specific issues that the provider will raise in its provider appeal.
(4) Specification of the relief that the provider is seeking.
(i) If the provider is challenging the validity of a regulation or statement of policy in its provider appeal, the provider shall state the challenge expressly and with particularity and identify the regulation or statement of policy involved.
(ii) If the provider is seeking relief from an agency action, in whole or in part, through waiver of the application of a regulation, the provider shall state its waiver request expressly and with particularity and identify the regulation involved.
(iii) A provider may not request a declaratory order or an order that the Department should be required to promulgate, amend or repeal a regulation as relief in a request for hearing. The requests shall be set forth in a petition for relief in accordance with 1 Pa. Code § § 35.18 and 35.19 (relating to petitions for issuance, amendment, waiver or deletion of regulations; and petitions for declaratory orders).
(e) If the provider received written notice of the agency action by mail or personal service, the provider shall attach to the request for hearing a copy of the transmittal letter forwarding the written notice and the first page of the written notice, or, if there is no transmittal letter, a copy of the entire written notice. If the provider received written notice of the agency action by publication in the Pennsylvania Bulletin, the provider shall identify the date, volume and page number of the Pennsylvania Bulletin in the request for hearing.
(f) Subsections (a)—(e) supersede 1 Pa. Code § § 35.1, 35.2, 35.5—35.7, 35.9—35.11 and 35.20 (relating to appeals from actions of the staff).
Cross References This section cited in 55 Pa. Code § 41.32 (relating to timeliness and perfection of requests for hearing); 55 Pa. Code § 41.41 (relating to waiver request); 55 Pa. Code § 41.42 (relating to request for declaratory relief); and 55 Pa. Code § 41.92 (relating to expedited disposition procedure for certain appeals).
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