§ 3270.12. Appeals.
(a) Appeals related to the Departments approval or licensure decisions shall be made under 2 Pa.C.S. § § 501508 and 701704 (relating to Administrative Agency Law) and 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure).
(b) Appeals related to the Departments approval or licensure shall be made by filing a petition within 30 days after service of notice of the action.
(c) An operator may appeal a Departmental decision relating to the status of a certificate of compliance of a facility owned or operated by the legal entity.
(d) The Department will include information relative to appeal procedures when notifying operators of one or more of the following decisions:
(1) The denial of a certificate of compliance.
(2) The nonrenewal of a certificate of compliance.
(3) The revocation of a certificate of compliance.
(4) The issuance of a provisional certificate of compliance.
(5) The establishment of a period for which a provisional certificate of compliance is issued.
(6) The reduction of the maximum facility capacity.
(7) The denial of an increase in facility capacity.
(8) The limiting or precluding admission of persons into the facility.
(e) Subsection (b) supersedes the appeal period of 1 Pa. Code § 35.20 (relating to appeals from actions of the staff).
The provisions of this § 3270.12 amended October 3, 2008, effective November 3, 2008, 38 Pa.B. 5435. Immediately preceding text appears at serial pages (334999) to (335000).
Notes of Decisions
The Department of Public Welfares repeated failure to make timely inspections of day care center which it concealed by issuing provisional certificates based on technical or pretextual deficiencies, then granting retroactive certificates of compliance, enabled the Department to evade scrutiny of operators appeal of issuance of provisional certificates of compliance by dismissing operators appeal as moot. Musheno v. Department of Public Welfare, 829 A.2d 1228, 12321233 (Pa. Cmwlth. 2003). Such conduct by the Department raised important public issues, such as official competency, candor and accountability, which survive mootness. Id. at 1233.
This section cited in 55 Pa. Code § 3270.241 (relating to requirements specific to school-age programs).
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