Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 8238 (December 30, 2023).

55 Pa. Code § 41.33. Appeals nunc pro tunc.

§ 41.33. Appeals nunc pro tunc.

 (a)  The Bureau, upon written motion and for good cause shown, may grant leave to a provider to file a request for hearing nunc pro tunc under the common law standard applicable in analogous cases in courts of original jurisdiction.

 (b)  The Bureau, upon written motion and for good cause shown, may grant leave to a provider to file an amendment to a request for hearing nunc pro tunc under the common law standard applicable in analogous cases in courts of original jurisdiction.

 (c)  The Secretary, upon written motion and for good cause shown, may grant leave to a party to file a request for review of a Bureau determination by the Secretary nunc pro tunc under the common law standard applicable in analogous cases in courts of original jurisdiction.

 (d)  Subsections (a)—(c) supersede 1 Pa. Code § §  35.1, 35.2, 35.5—35.7 and 35.9—35.11 and, to the extent that they would otherwise apply to the time for filing appeals with the Bureau, § §  1187.1(d) and 6210.14(b) (relating to policy; and time extensions).

Cross References

   This section cited in 55 Pa. Code §  41.32 (relating to timeliness and perfection of requests for hearing); 55 Pa. Code §  41.82 (relating to amendments of requests for hearing); and 55 Pa. Code §  41.212 (relating to review of Bureau determinations).



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