§ 35.18. Petitions for issuance, amendment, waiver or deletion ofregulations.

 A petition to an agency for the issuance, amendment, waiver or repeal of a regulation shall set forth clearly and concisely the interest of the petitioner in the subject matter, the specific regulation, amendment, waiver or repeal requested, and shall cite by appropriate reference the statutory provision or other authority therefor. The petition shall set forth the purpose of, and the facts claimed to constitute the grounds requiring, the regulation, amendment, waiver or repeal. Petitions for the issuance or amendment of a regulation shall incorporate the proposed regulation or amendment.

Notes of Decisions

   Petitioner must exhaust all administrative remedies under this section or the Regulatory Review Act (71 P. S. § §  745.1—745.15) before an action in mandamus can be entertained. Matesic v. Maleski, 624 A.2d 776 (Pa. Cmwlth. 1993).

   Where Department of Public Welfare had created confusion regarding whether or not Department of Health approval was required for certain Medical Assistance Program health-care providers’ facilities, and where DPW had sua sponte waived the approval requirement for a short period of time, DPW abused its discretion in refusing to extend the waiver to encompass the full period of time necessary for the providers to obtain DOH approval. Eye and Ear Hospital v. Department of Public Welfare, 514 A.2d 976 (Pa. Cmwlth. 1986).

Cross References

   This section cited in 1 Pa. Code §  31.6 (relating to amendments to rules); 1 Pa. Code §  33.61 (relating to applications for waiver of formal requirements); 4 Pa. Code §  1.376 (relating to petitions); 12 Pa. Code §  11.8 (relating to petitions for declaratory order); 22 Pa. Code §  233.120 (relating to expedited hearing procedures); 22 Pa. Code §  351.1 (relating to purpose and scope); 34 Pa. Code §  81.95 (relating to requests for exemptions); 34 Pa. Code §  111.15 (relating to no other pleadings allowed); 34 Pa. Code §  131.3 (relating to waiver and modification of rules); 34 Pa. Code §  131.12 (relating to modification of time); 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 §  131.202 (relating to first hearing information and stay); 52 Pa. Code §  5.43 (relating to petitions for issuance, amendment, waiver or repeal of regulations); 52 Pa. Code §  1005.21 (relating to petitions generally); 52 Pa. Code §  1005.23 (relating to petitions for issuance, amendment, repeal or waiver of Authority regulations); 55 Pa. Code §  41.3 (relating to definitions); 55 Pa. Code §  41.31 (relating to request for hearing); 55 Pa. Code §  41.31 (relating to request for hearing) 55 Pa. Code §  41.41 (relating to waiver request); 55 Pa. Code §  41.43 (relating to request for issuance, amendment or deletion of regulations); 58 Pa. Code §  51.6 (relating to petitions or requests for regulations); 58 Pa. Code §  493a.4 (relating to petitions generally); and 61 Pa. Code §  703.2 (relating to petition content).

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