Section 31.1. Scope of part

(a) This part governs the practice and procedure before agencies of the Commonwealth except as otherwise provided in this section.

(b) This part is not applicable to a proceeding before an agency to the extent that the applicable statute governing or authorizing the proceeding sets forth inconsistent rules on the same subject.

(c) This part is not applicable to a proceeding before an agency to the extent that the agency has promulgated inconsistent regulations on the same subject.

The provisions of this § 31.1 amended April 9, 1982, effective April 10, 1982, 12 Pa.B. 1173. Immediately preceding text appears at serial page (66685).

Notation

Notes of Decisions

Applicability

The Board’s regulation at 37 Pa. Code § 73.1(a)(4) concerns second or subsequent appeals, and, therefore, is not inconsistent with the General Rules of Administrative Practice and Procedure at 1 Pa. Code § 35.241, which governs requests for reconsideration. Petitioner’s request for reconsideration was under § 35.241 and was not barred. Shaw v. Board of Probation and Parole, 812 A.2d 769 (Pa. Cmwlth. 2002).

Prosecution

Since the State Board of Nursing initiated prosecution against the licensed practical nurse by having authorized its prosecutors to take formal action against the nurse, the Board appropriately delegated the hearing of the matter to a hearing examiner. Stephens v. State Board of Nursing, 657 A.2d 71 (Pa. Cmwlth. 1995), appeal denied, 664 A.2d 978 (Pa. 1995).

Cross References

This section cited in 4 Pa. Code § 153.1 (relating to applicability of general rules); 4 Pa. Code § 163.1 (relating to applicability of general rules); 4 Pa. Code § 175.1 (relating to applicability of general rules); 4 Pa. Code § 250.1 (relating to applicability of general rules); 10 Pa. Code § 901.011 (relating to applicability of general rules); 12 Pa. Code § 1.2 (relating to applicability of general rules); 16 Pa. Code § 42.1 (relating to applicability of general rules); 16 Pa. Code § 91.1 (relating to applicability of general rules); 16 Pa. Code § 209.1 (relating to procedures on petition for appeal); 19 Pa. Code § 13.1 (relating to applicability of general rules); 22 Pa. Code § 1.5 (relating to applicability of general rules before the Board); 22 Pa. Code § 1.6 (relating to applicability of general rules before the Department); 22 Pa. Code § 201.1 (relating to applicability of general rules); 25 Pa. Code § 1021.1 (relating to scope of chapter); 28 Pa. Code § 8.1 (relating to applicability of general rules); 28 Pa. Code § 903.13 (relating to formal appeal); 31 Pa. Code § 56.1 (relating to applicability of general rules); 31 Pa. Code § 242.20 (relating to formal and informal complaints; procedure); 34 Pa. Code § 1.11 (relating to applicability of general rules); 34 Pa. Code § 49.10 (relating to applicability of general rules); 34 Pa. Code § 60.9 (relating to applicability of general rules); 34 Pa. Code § 111.1 (relating to scope); 34 Pa. Code § 131.2 (relating to scope); 34 Pa. Code § 201.1 (relating to applicability of general rules); 34 Pa. Code § 211.1 (relating to applicability of general rules); 34 Pa. Code § 213.1 (relating to applicability of general rules); 34 Pa. Code § 221.1 (relating to applicability of general rules); 37 Pa. Code § 171.11 (relating to applicability of laws and rules); 37 Pa. Code § 197.2 (relating to applicability of general rules of practice and procedure); 37 Pa. Code § 203.101 (relating to scope); 49 Pa. Code § 1.1 (relating to applicability of general rules); 49 Pa. Code § 3.4 (relating to applicability of general rules); 49 Pa. Code § 5.2 (relating to applicability of general rules); 49 Pa. Code § 6.3 (relating to applicability of general rules); 49 Pa. Code § 11.3 (relating to applicability of general rules); 49 Pa. Code § 15.2 (relating to Board proceedings and meetings); 49 Pa. Code § 16.2 (relating to rules governing Board activities and proceedings); 49 Pa. Code § 19.3 (relating to applicability of general rules); 49 Pa. Code § 20.2 (relating to applicability of general rules); 49 Pa. Code § 21.4 (relating to applicability of general rules); 49 Pa. Code § 21.146 (relating to applicability of general rules); 49 Pa. Code § 23.2 (relating to applicability of general rules); 49 Pa. Code § 25.3 (relating to applicability of general rules); 49 Pa. Code § 27.81 (relating to applicability of general rules); 49 Pa. Code § 29.3 (relating to applicability of general rules); 49 Pa. Code § 31.2 (relating to applicability of general rules); 49 Pa. Code § 33.2 (relating to applicability of general rules); 49 Pa. Code § 36.302 (relating to applicability of general rules); 49 Pa. Code § 37.2 (relating to rules governing Board activities and proceedings); 49 Pa. Code § 39.21 (relating to applicability of general rules); 49 Pa. Code § 40.41 (relating to hearings relating to revocation or suspension of license); 49 Pa. Code § 41.2 (relating to applicability of general rules); 49 Pa. Code § 42.2 (relating to applicability of general rules); 49 Pa. Code § 47.2 (relating to applicability of general rules); 52 Pa. Code § 1001.2 (relating to scope of subpart and severability); 58 Pa. Code § 1.3 (relating to applicability of general rules); 58 Pa. Code § 15.8 (relating to procedural rules; Commission review); 58 Pa. Code § 51.21 (relating to scope); and 61 Pa. Code § 601.3 (relating to applicability of general provisions).