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Determinations, review, appeal and enforcement - 67 Pa. Cons. Stat. § 1105

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     § 1105.  Determinations, review, appeal and enforcement.
        (a)  Determinations.--The bureau shall issue a determination
     adjudicating contested issues of fact and law and any
     appropriate order, decree or decision. A determination not
     appealed in accordance with subsection (b) shall be the final
     determination of the bureau and shall be binding upon the
     department and the provider who brought the appeal.
        (b)  Review.--
            (1)  A party that is aggrieved by a determination of the
        bureau may request review of the determination by the
        secretary within 30 days of the issuance of the
        determination.
            (2)  If the secretary fails to act upon a request within
        30 days of receipt of the request for review, the request for
        review shall be deemed denied.
            (3)  If the secretary grants review, the secretary shall
        enter a final order within 180 days of the date of the order
        granting review. The secretary may affirm, reverse or modify
        the determination of the bureau or may waive compliance with
        program requirements to promote fairness and the proper
        administration of the program.
            (4)  If the secretary grants review but fails to act
        within 180 days of the date of the order granting the review,
        the determination of the bureau shall be deemed approved by
        the secretary.
        (c)  Appeals.--A provider aggrieved by a final determination
     of the bureau or a final order of the secretary may petition for
     judicial review in accordance with 2 Pa.C.S. Ch. 7 Subch. A
     (relating to judicial review of Commonwealth agency action).
        (d)  Enforcement.--Final determinations, orders, decrees or
     decisions of the department, the bureau or the secretary shall
     be subject to enforcement by Commonwealth Court.

Last modified: November 27, 2007