1. (a) In the case of appeals filed under § 197.32(1), (2) and (4) (relating to appealable decisions) the Hearing Board will limit its review to the following issues:

   1. (1) Whether the decision of the Department is supported by substantial evidence.
   2. (2) Whether there was a violation of constitutional or statutory law or the regulations of the Department.
   3. (3) Whether there was any prejudicial procedural error committed during the review.
2. (b) In the case of appeals filed under § 197.32(3) the Hearing Board will limit its review to the question of whether the Department abused its discretion in denying the request for reconsideration.

Source

The provisions of this § 197.45 adopted May 1, 1981, effective May 2, 1981, 11 Pa.B. 1455.

Notes of Decisions

Under this section, the Board’s scope of review is limited to three areas: 1) whether the decision of the Department is supported by substantial evidence; 2) whether there was any violation of constitutional or statutory law or the regulations of the Department; 3) whether there was any prejudicial procedural error committed during the review; and the Board exceeded its scope of review by substituting its own evaluation for that of the Department. Rehab Hospital Services Corp. v. Health Systems Agency of Southwestern Pennsylvania, 475 A.2d 883 (Pa. Cmwlth. 1984).

Where the Department of Health’s decision to grant a certificate of need was supported by substantial evidence in the record, the Board exceeded its scope of review, which is limited to those areas specified in this section, by substituting its own evaluation of the evidence for that of the Department. Rehab Hospital Services Corp. v. Health Systems Agency of Southwestern Pennsylvania, 475 A.2d 883 (Pa. Cmwlth. 1984).

Cross References

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