Section 3290.13. Appeals

(a) Appeals related to the Department’s registration decisions shall be made under 2 Pa.C.S. § § 501—508 and 701—704 (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 Department’s approval or licensure shall be made by filing a petition within 30 days after service of notice of the action.

(c) A facility’s operator may appeal a Departmental decision relating to the status of the facility’s certificate of registration.

(d) The Department will include information relative to appeal procedures when notifying operators of one or more of the following decisions:

(1) Denial of a certificate of registration.

(2) Failure to renew a certificate of registration.

(3) Revocation of a certificate of registration.

(4) 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 § 3290.13 amended October 3, 2008, effective November 3, 2008, 38 Pa.B. 5435. Immediately preceding text appears at serial page (335125).

Notation

Notes of Decisions

General

Daycare provider appealed a Department decision to revoke her permit. Because the provider was allowed to operate during the pendency of her appeal, the appeal was dismissed as moot when the permit in question expired at the end of its 2-year term. Britt v. Department of Public Welfare, 787 A.2d 457 (Pa. Cmwlth. 2001).