§ 1102. Hearings before the bureau.
(a) General rule.--A provider that is aggrieved by a decision of the department regarding the program
may request a hearing before the bureau in accordance with this chapter.
(b) Filing.--
(1) Except as provided in paragraph (2), a provider must file a request for a hearing
with the bureau in accordance with all of the following:
(i) The request must be in writing.
(ii) The request must be filed with the bureau:
(A) within 30 days of the date of the notice of the departmental action; or
(B) if notice was given by mail, within 33 days of the date of the notice of the departmental
action.
(iii) If the request was filed by first-class mail, the United States postmark appearing
upon the envelope in which the request was mailed shall be considered the filing date.
The filing date of a request filed in any other manner or bearing a postmark other
than a United States postmark shall be the date on which the request is received in
the bureau.
(2) Paragraph (1) does not apply in the following cases:
(i) In a nunc pro tunc hearing under subsection (c).
(ii) To the extent set forth in the standing order of the bureau issued under subsection
(g).
(iii) To the extent modified by regulations promulgated under section 1106 (relating to
regulations).
(c) Hearings nunc pro tunc.--The bureau, upon written request and for good cause shown, may grant leave for the
filing of requests for hearing nunc pro tunc pursuant to the common law standards
applicable in analogous cases in courts of original jurisdiction.
(d) Amendment.--A request for a hearing may be amended as of right within 90 days after the date of
filing of the request.
(e) Adjudication.--
(1) The bureau shall hold hearings and conduct adjudications regarding timely filed requests
for hearing in accordance with 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and
procedure of Commonwealth agencies).
(2) Notwithstanding paragraph (1), in holding hearings and conducting adjudications, the
bureau shall do all of the following:
(i) Act independently of employees or public officials of the department whose actions
are subject to review before the bureau.
(ii) Not engage in ex parte communications concerning a hearing with any party to the hearing.
(iii) Promptly adjudicate timely filed requests for hearing.
(iv) Establish deadlines for interim and final actions by the bureau and parties to any
proceeding before the bureau.
(v) Allow reasonable and necessary discovery in the form of interrogatories, requests
for the production of documents, expert reports, requests for admissions and depositions
of witnesses and designees of parties, subject to case management plans and limitations
as necessary to facilitate the prompt and efficient issuance of adjudications.
(vi) Consider and, when appropriate, grant applications by affected parties to consolidate
hearings involving substantially similar or materially related issues of law or fact.
(vii) Conduct de novo review of all factual and legal issues raised by a provider in the
request for hearing based upon evidence presented to the bureau.
(viii) Except as prohibited by statute or regulation, index and publish at reasonable costs
determinations issued by the bureau and final orders issued by the secretary adjudicating
requests on or after the effective date of this section. By July 1, 2003, the bureau
shall make the determinations, final orders and index available electronically without
cost to the public.
(f) Mediation.--The bureau may establish programs and procedures to promote the settlement of matters
subject to its jurisdiction or to narrow issues subject to dispute through the use
of mediation and arbitration.
(g) Standing order.--By July 1, 2003, the bureau shall, after receiving comment by interested parties,
issue a standing order establishing rules governing practice before the bureau. The
standing order shall be published in the Pennsylvania Bulletin. The standing order
of the bureau shall be effective until modified by regulation.
Cross References. Section 1102 is referred to in section 1104 of this title.
Notes of Decisions
Armstrong Cnty. Mem'l Hosp. v. Dep't of Pub. Welfare of Pennsylvania, 67 A.3d 160 (Pa. Commw. Ct. 2013).
· cites it 2× “DPW — Exhaustion of Administrative Remedies In its brief, DPW argues that Hospitals have an exclusive statutory remedy to raise the issues raised in their Petition, pointing specifically to 67 Pa.C.S. § 1102(a), which provides: “A provider that is aggrieved by a decision of the…”
Northumberland Cnty. Child. & Youth Servs. v. Dep't of Pub. Welfare, 2 A.3d 794 (Pa. Commw. Ct. 2010).
“Any person named as a perpetrator of child abuse in an indicated report may ask the Secretary of the Department "to amend or expunge an indicated report on the grounds that it is inaccurate or it is being maintained in a manner inconsistent with [the Law].” Section 6341(a)(2) of…”
Julia Ribaudo Senior Servs. v. Dep't of Pub. Welfare, 915 A.2d 700 (Pa. Commw. Ct. 2007).
“67 Pa.C.S. § 1102. According to the Department’s Standing Practice Order (SPO), Rule 13 Notice of agency actions, regarding the contents of a notice, notices must contain the effective date of the agency action, the basis for the agency action, and the date the notice was…”
Manor at St. Luke Vill. v. Dep't of Pub. Welfare, 72 A.3d 308 (Pa. Commw. Ct. 2013).
· cites it 2× “Section 1102(a) of Act 142, 67 Pa.C.S. § 1102(a), provides as a “general rule”: A provider that is aggrieved by a decision of the department regarding the program may request a hearing before the [B]ureau in accordance with this chapter.”
Peer Assocs. LLC v. DHS (Pa. Commw. Ct. 2023).
· cites it 4× “Petitioner submits that, for these reasons, this Court should hold that CCBH was acting as the agent and servant of the Department, not an independent contractor, in denying Petitioner’s request to enroll as a Network Provider in CCBH’s Provider Network, and that Petitioner had…”
— 67 Pa. Cons. Stat. § 1102(a) — 3 cases
Armstrong Cnty. Mem'l Hosp. v. Dep't of Pub. Welfare of Pennsylvania, 67 A.3d 160 (Pa. Commw. Ct. 2013).
“DPW — Exhaustion of Administrative Remedies In its brief, DPW argues that Hospitals have an exclusive statutory remedy to raise the issues raised in their Petition, pointing specifically to 67 Pa.C.S. § 1102(a), which provides: “A provider that is aggrieved by a decision of the…”
Manor at St. Luke Vill. v. Dep't of Pub. Welfare, 72 A.3d 308 (Pa. Commw. Ct. 2013).
“Section 1102(a) of Act 142, 67 Pa.C.S. § 1102(a), provides as a “general rule”: A provider that is aggrieved by a decision of the department regarding the program may request a hearing before the [B]ureau in accordance with this chapter.”
Peer Assocs. LLC v. DHS (Pa. Commw. Ct. 2023).
“Petitioner submits that, for these reasons, this Court should hold that CCBH was acting as the agent and servant of the Department, not an independent contractor, in denying Petitioner’s request to enroll as a Network Provider in CCBH’s Provider Network, and that Petitioner had…”
— 67 Pa. Cons. Stat. § 1102(b) — 2 cases
Armstrong Cnty. Mem'l Hosp. v. Dep't of Pub. Welfare of Pennsylvania, 67 A.3d 160 (Pa. Commw. Ct. 2013).
“DPW — Exhaustion of Administrative Remedies In its brief, DPW argues that Hospitals have an exclusive statutory remedy to raise the issues raised in their Petition, pointing specifically to 67 Pa.C.S. § 1102(a), which provides: “A provider that is aggrieved by a decision of the…”
Peer Assocs. LLC v. DHS (Pa. Commw. Ct. 2023).
“Petitioner submits that, for these reasons, this Court should hold that CCBH was acting as the agent and servant of the Department, not an independent contractor, in denying Petitioner’s request to enroll as a Network Provider in CCBH’s Provider Network, and that Petitioner had…”
— 67 Pa. Cons. Stat. § 1102(b)(1)(ii)(A) — 1 case
— 67 Pa. Cons. Stat. § 1102(b)(1)(ii)(B) — 1 case
— 67 Pa. Cons. Stat. § 1102(b)(l)(ii)(B) — 1 case
— 67 Pa. Cons. Stat. § 1102(g) — 4 cases
Northumberland Cnty. Child. & Youth Servs. v. Dep't of Pub. Welfare, 2 A.3d 794 (Pa. Commw. Ct. 2010).
“Any person named as a perpetrator of child abuse in an indicated report may ask the Secretary of the Department "to amend or expunge an indicated report on the grounds that it is inaccurate or it is being maintained in a manner inconsistent with [the Law].” Section 6341(a)(2) of…”
Manor at St. Luke Vill. v. Dep't of Pub. Welfare, 72 A.3d 308 (Pa. Commw. Ct. 2013).
“Section 1102(a) of Act 142, 67 Pa.C.S. § 1102(a), provides as a “general rule”: A provider that is aggrieved by a decision of the department regarding the program may request a hearing before the [B]ureau in accordance with this chapter.”
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