Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 3204 (May 28, 2022).

49 Pa. Code § 16.57. Appeal from the hearing examiner’s decision.

§ 16.57. Appeal from the hearing examiner’s decision.

 (a)  Unless otherwise ordered by the Board, the decision of the hearing examiner becomes final 20 days after its issuance.

   (1)  Upon application for review by any party or upon the Board’s own motion, the Board will review the hearing examiner’s decision.

   (2)  The Board will review the entire record and, if it deems it advisable, may hear additional testimony from persons already deposed or from new witnesses as well as arguments of counsel to make a Board decision.

   (3)  Additional testimony will be taken as soon as practicable.

   (4)  The Board will issue its final decision, along with its findings of fact and conclusions of law, which will be sent by mail to the parties involved.

 (b)  Unless otherwise ordered by the Board, neither the filing of an application for review nor the Board’s own notice of intent to review will stay the hearing examiner’s decision.

Authority

   The provisions of this §  16.57 issued under sections 8 and 9 of the Medical Practice Act of 1985 (63 P. S. § §  422.8 and 422.9).

Source

   The provisions of this §  16.57 adopted May 20, 2005, effective May 21, 2005, 35 Pa.B. 3019.



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