Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 1032 (February 24, 2024).

37 Pa. Code § 197.42. Appeal briefs.

§ 197.42. Appeal briefs.

 (a)  The appellant shall file an appeal brief with the Hearing Board within 20 days of the certification of the record below.

 (b)  The appeal brief shall contain:

   (1)  A summary of the facts.

   (2)  A statement of the legal issues involved in the appeal.

   (3)  A statement of the legal arguments upon which the appeal is based.

 (c)  The appeal brief shall be limited to those issues which may be raised under §  197.44 (relating to limitation of issues and evidence).

 (d)  No further prehearing briefs may be filed by the appellant except by permission of the Hearing Board.

 (e)  The failure of appellant to file an appeal brief within the time prescribed by subsection (a) or an extension thereof granted by the Hearing Board may result in the Hearing Board’s quashing the appeal.

Authority

   The provisions of this §  197.42 amended under section 805(b) of the Health Care Facilities Act (35 P. S. §  448.805(b)); and 2 Pa.C.S. §  102(a).

Source

   The provisions of this §  197.42 adopted May 1, 1981, effective May 2, 1981, 11 Pa.B. 1455; amended May 21, 1982, effective May 22, 1982, 12 Pa.B. 1642; amended August 19, 1983, effective August 20, 1983, 13 Pa.B. 2551; amended September 4, 1987, effective September 5, 1987, 17 Pa.B. 3609. Immediately preceding text appears at serial page (83484).

Cross References

   This section cited in 37 Pa. Code §  197.15 (relating to recording of proceedings).



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