§ 802.33. Waiver appeal process.
(a) When the OVA denies a request for a waiver, the Commonwealth or local government agency requesting the waiver will be notified of the refusal, in writing, by the OVA and provided the reasons for denial of the waiver.
(b) Within 15 calendar days of receiving written notice of the waiver denial, the Commonwealth or local government agency may file a written exception with the OVA. The exception must:
(1) Attach a copy of the letter from OVA denying the original waiver request.
(2) State the reason that and the grounds upon which the original waiver request should be granted.
(3) Specifically respond to the reasons stated by the OVA for denying the original waiver request.
(c) The filing of an exception to the OVA shall be submitted by means of certified mail and the date of actual delivery to the OVA controls for purposes of time calculations.
(d) If a Commonwealth or local government agency timely files exceptions, the OVA will review the exception request in accordance with 23 Pa.C.S. § 6709(i) (relating to waiver process), which is incorporated by reference.
(e) A Commonwealth or local government agency may appeal the final determination of the OVA in accordance with 23 Pa.C.S. § 6709(j), which is incorporated by reference.
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