1. (a) Appeals related to the Department’s licensure decisions shall be made 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).
2. (b) Appeals related to the Department’s approval or licensure shall be made by filing a petition within 30 days after service of notice of the action.
3. (c) A facility’s operator may appeal a Departmental decision relating to the status of the facility’s certificate of compliance.

4. (d) The Department will include information relative to appeal procedures when notifying operators of one or more of the following decisions:

   1. (1) Denial of a certificate of compliance.
   2. (2) Failure to renew a certificate of compliance.
   3. (3) Revocation of a certificate of compliance.
   4. (4) Limiting or precluding admission of persons into the facility.
5. (e) Subsection (b) supersedes the appeal period of 1 Pa. Code § 35.20 (relating to appeals from actions of the staff).

Authority

The provisions of this § 3290.13 amended under Articles IX and X of the Human Services Code (62 P.S. § § 901—922 and 1001—1088).

Source

The provisions of this § 3290.13 amended October 3, 2008, effective November 3, 2008, 38 Pa.B. 5435; amended December 18, 2020, effective December 19, 2020, 50 Pa.B. 7133. Immediately preceding text appears at serial page (338577).

Notes of Decisions

General

Daycare provider appealed a Department decision to revoke her permit. Because the provider was allowed to operate during the pendency of her appeal, the appeal was dismissed as moot when the permit in question expired at the end of its 2-year term. Britt v. Department of Public Welfare, 787 A.2d 457 (Pa. Cmwlth. 2001).