§ 197.51. Decision of the Hearing Board.
(a) Upon the expiration of the time period for filing posthearing briefs and requests for findings of fact and conclusions of law, if any, the hearing board member who presided at the hearing shall prepare a proposed adjudication and order for consideration by the full Hearing Board. This subsection supersedes 1 Pa. Code § 35.202 (relating to proceedings in which proposed reports are prepared).
(b) The Hearing Board may:
(1) Affirm the decision of the Department.
(2) Reverse the decision of the Department.
(3) Remand the matter to the Department for further action consistent with order of the Hearing Board.
(c) In the event of a tie vote by the Hearing Board members participating in the adjudication, the decision of the Department will be deemed to be affirmed.
Authority The provisions of this § 197.51 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 § 197.51 adopted May 1, 1981, effective May 2, 1981, 11 Pa.B. 1455; amended August 19, 1983, effective August 20, 1983, 13 Pa.B. 2551. Immediately preceding text appears at serial pages (70919) and (70920).
Cross References This section cited in 37 Pa. Code § 197.15 (relating to recording of proceedings).
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