§ 35.20. Appeals from actions of the staff.

 Actions taken by a subordinate officer under authority delegated by the agency head may be appealed to the agency head by filing a petition within 10 days after service of notice of the action.

Notes of Decisions

    Application

   A facility which desired to be recognized as a hospital-based nursing facility under the exception criteria of 55 Pa. Code §  9424.6(b) (relating to skilled nursing facility participation requirements) has 10 days to appeal the denial of HBNF status. Renovo Hospital Association v. Department of Public Welfare, 480 A.2d 1260 (Pa. Cmwlth. 1984).

   Failure to Appeal

   The Commonwealth Court lacks appellate jurisdiction over the Department of Education’s final approval of the school board’s plan for bid awards, where the petitioners twice failed to appeal to the Secretary of Education the issues addressed by the division chief and the division chief’s failure to grant them a hearing on those issues. Citizens Concerned About Taxes v. Department of Education, 739 A.2d 1129 (Pa. Cmwlth. 1999).

Cross References

   This section cited in 4 Pa. Code §  39.12 (relating to criminal cases); 4 Pa. Code §  39.13 (relating to civil cases); 4 Pa. Code §  250.2 (relating to period from decisions of administrative staff); 7 Pa. Code §  131.21 (relating to appeals); 12 Pa. Code §  11.8 (relating to petitions for declaratory order); 22 Pa. Code §  121.7 (relating to notice of denial and preliminary review procedures); 22 Pa. Code §  121.34 (relating to institutional appeals and hearings for other than the Federal Family Education Loan Program); 22 Pa. Code §  201.3a (relating to nonadjudicatory benefit appeal); 22 Pa. Code §  233.116 (relating to petitions requiring action prior to appointment of hearing officer); 22 Pa. Code §  233.124 (relating to power of subpoena); 22 Pa. Code §  351.1 (relating to purpose and scope); 34 Pa. Code §  111.11 (relating to content and form); 34 Pa. Code §  131.32 (relating to petitions except petitions for joinder and challenge proceedings); 34 Pa. Code §  131.121 (relating to penalty proceedings initiated by a party); 34 Pa. Code §  213.8 (relating to grievances arising from administration of the act); 43 Pa. Code §  5.7 (relating to reconsideration and appeals); 43 Pa. Code §  5.20 (relating to reconsideration and appeals); 43 Pa. Code §  5.27 (relating to reconsideration and appeal); 43 Pa. Code §  5.34 (relating to appeals); 43 Pa. Code §  5.46 (relating to appeals); 49 Pa. Code §  21.33a (relating to failure to comply with standards); 49 Pa. Code §  21.162a (relating to failure to comply with standards); 52 Pa. Code §  5.44 (relating to petitions for reconsideration from actions of the staff); 52 Pa. Code §  1005.24 (relating to appeals from actions of the staff); 55 Pa. Code §  20.82 (relating to written request for appeal); 55 Pa. Code §  41.31 (relating to request for hearing); 55 Pa. Code §  2380.12 (relating to appeals); 55 Pa. Code §  2390.12 (relating to appeals); 55 Pa. Code §  2800.12 (relating to appeals); 55 Pa. Code §  3130.82 (relating to appeals); 55 Pa. Code §  3270.12 (relating to appeals); 55 Pa. Code §  3280.12 (relating to appeals); 55 Pa. Code §  3290.13 (relating to appeals); 55 Pa. Code §  3700.72 (relating to family approved appeals); 58 Pa. Code §  51.44 (relating to appeals); 58 Pa. Code §  53.4 (relating to limiting access to Commission property and other restrictions); 58 Pa. Code §  53.24 (relating to tournament and fishing derby permits); 58 Pa. Code §  63.40 (relating to fishing tournaments and fishing derbies); 58 Pa. Code §  75.5 (relating to qualified surveyors for endangered and threatened species and their habitat); 58 Pa. Code §  493a.1 (relating to generally); and 61 Pa. Code §  703.2 (relating to petition content).



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