The following persons have standing to appeal a decision of the Department which is appealable under § 197.32(a)(1)—(3) (relating to appealable decisions):

1. (1) The applicant.
2. (2) The health systems agency for the health service area in which the proposed new institutional health service is to be offered or developed.
3. (3) A person who was a party before the health systems agency under section 703(a) of the act (35 P. S. § 448.701).

4. (b) The following persons shall have standing to appeal a decision of the Department which is appealable under § 197.32(a)(4):

   1. (1) The person whose project has been determined to be reviewable.
   2. (2) The health systems agency for the health service area in which the proposed new institutional health service is to be offered or developed.
5. (c) Where an appeal is filed by a person other than the applicant, the applicant shall become a party automatically.

Authority

The provisions of this § 197.33 amended under section 805(b) of the Health Care Facilities Act (35 P. S. § 448.805(b)); and 2 Pa.C.S. § 102(a).

Source

The provisions of this § 197.33 adopted May 1, 1981, effective May 2, 1981, 11 Pa.B. 1455; amended August 19, 1983, effective August 20, 1983, 13 Pa.B. 2551. Immediately preceding text appears at serial page (70908).

Notes of Decisions

Standing

A health system agency has standing to appeal a Department of Health adjudication of nonreviewability to the Commonwealth Court. Southern Chester County Medical Center v. Department of Health, 494 A.2d 885 (Pa. Cmwlth. 1985).

Cross References

This section cited in 37 Pa. Code § 197.15 (relating to recording of proceedings).