General Rules of Administrative Practice and Procedure ("GRAPP")
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1 PBI Electronic Publication # EP-3583 General Rules of Administrative Practice and Procedure ("GRAPP") Jackie Wiest Lutz, Esquire Departmental Hearing Officer Office of General Counsel PA Department of Labor and Industry Harrisburg A chapter from Grappling with the GRAPP Pub. No. 5546, published August 2008 To purchase this book: See the PBI Online Bookstore at info@pbi.org, or Call Pennsylvania Bar Institute. All rights reserved. This file is licensed only to the person downloading this file from PBI s website, for printing and for saving to his or her personal computer. No further use is permitted. This file may not be shared electronically with any other person without the express written permission of the Pennsylvania Bar Institute. The Pennsylvania Bar Institute does not render any legal, accounting, or other professional services. The Institute s programs and publications are designed solely to help attorneys maintain their professional competence. In dealing with specific legal matters, the attorney using PBI publications or orally conveyed information should also research original sources of authority.
2 Table of Contents General Rules of Administrative Practice and Procedure ( GRAPP ) Jackie Wiest Lutz, Esquire...15 A. 1 Pa. Code, Part II ( )...17 B. Agencies (Listed by Title Number and Name) That Operate under a Combination of GRAPP and Their Own Regulations Title 4 Administration...17 a. Civil Service Commission, 4 Pa. Code Title 6 Aging...17 a. Department of Aging, 6 Pa. Code Title 7 Agriculture...18 a. Department of Agriculture, 7 Pa. Code, Part V-A, Chapter 131 (Rules of Procedure), Title 10 Banks and Banking...18 a. Department of Banking, 10 Pa. Code Title 12 Commerce, Trade and Local Government...19 a. Department of Community and Economic Development, Chapter 11. Local Government Unit Debt Act Administrative Rules & Procedures, 12 Pa. Code Title 16 Community Affairs...20 a. Human Relations Commission, 16 Pa. Code Title 19 Corporations and Business Associations...20 a. Corporations Bureau of Department of State, 19 Pa. Code Title 22 Education...20 a. Public School Employees Retirement Board, 22 Pa. Code b. Professional Standards and Practices Commission, 22 Pa. Code c. Teacher Tenure Hearings, 22 Pa. Code Title 25 Environmental Protection...21 a. Environmental Hearing Board, 25 Pa. Code Title 28 Health and Safety...21 a. Department of Health, 28 Pa. Code xvii
3 11. Title 31 Insurance...21 a. Insurance Department, 31 Pa. Code Title 34 Labor and Industry...22 a. Department of Labor and Industry, 34 Pa. Code Title 37 Law...22 a. Board of Probation and Parole, 37 Pa. Code b. State Health Facility Hearing Board, 37 Pa. Code c. Municipal Police Officers Education and Training Commission, 37 Pa. Code d. Commission on Crime and Delinquency, 37 Pa. Code Title 40 Liquor Control Board...23 a. Special Rules of Administrative Practice and Procedure Regarding Matters before the Office of Administrative Law Judge, 40 Pa. Code b. Special Rules of Practice and Procedure for Matters before the Board, 40 Pa. Code Title 43 Military Affairs...23 a. Department of Military Affairs, 43 Pa. Code b. Chapter 7. State Veterans Home 43 Pa. Code Title 49 Professional and Vocational Standards...24 a. State Architects Licensure Board, 49 Pa. Code b. State Board of Medicine, 49 Pa. Code , , and c. State Board of Vehicle Manufactures, Dealers and Salespersons, 49 Pa. Code d. State Board of Osteopathic Medicine, 49 Pa. Code e. Citation Proceedings Guidelines for Imposition of Civil Penalties, 49 Pa. Code 43b.1 43b Title 51 Public Officers...24 a. State Ethics Commission, 51 Pa. Code Title 55 Public Welfare...25 a. Medical Assistance Provider Appeal Procedures, 55 Pa. Code Title 58 Recreation...27 a. Fish Commission, 58 Pa. Code b. Gaming Board, 58 Pa. Code 491a.1 491a xviii
4 c. Game Commission, 58 Pa. Code d. Harness Racing Commission, 58 Pa. Code e. Horse Racing Commission, 58 Pa. Code Title 61 Revenue...29 a. Board of Appeals, 61 Pa. Code b. Board of Finance and Revenue, 61 Pa. Code Title 67 Transportation...29 a. Transportation, 67 Pa. Code C. Agencies (Listed by Title Number and Name) That Follow GRAPP Title 4 Administration...30 a. Bureau of Legislation, Commissions and Elections, (Subpart A) 4 Pa. Code (General Provisions); (Subpart B) 4 Pa. Code 151 and (Legislation); (Subpart C) 4 Pa. Code 161 and 163 (Commissions); and, (Subpart D) 4 Pa. Code (Elections)...30 b. State Employees Retirement Board 4 Pa. Code Title 12 Commerce, Trade and Local Government...30 a. Department of Community and Economic Development, 12 Pa. Code Title 16 Community Affairs...30 a. Municipal Retirement Board, 16 Pa. Code b. Public Employee Retirement Commission, 16 Pa. Code Title 34 Labor and Industry...30 a. Department of Labor and Industry, 34 Pa. Code 1.1 et. seq Title 37 Law...31 a. Crime Victims Compensation, 37 Pa. Code Title 49 Professional and Vocational Standards...31 a. State Board of Auctioneer Examiners, 49 Pa. Code b. State Board of Barber Examiners, 49 Pa. Code c. State Board of Chiropractic, 49 Pa. Code xix
5 d. State Board of Cosmetology, 49 Pa. Code e. State Board of Accountancy, 49 Pa. Code f. State Board of Funeral Directors, 49 Pa. Code g. State Board of Landscape Architects, 49 Pa. Code h. State Board of Nursing, 49 Pa. Code i. State Board of Optometry, 49 Pa. Code j. State Board of Pharmacy, 49 Pa. Code k. State Board of Podiatry, 49 Pa. Code l. State Board of Veterinary Medicine, 49 Pa. Code m. State Board of Dentistry, 49 Pa. Code n. State Real Estate Commission, 49 Pa. Code o. State Board of Certified Real Estate Appraisers, 49 Pa. Code p. State Registration Board for Professional Engineers, Land Surveyors and Geologists, 49 Pa. Code q. State Board of Examiners of Nursing Home Administrators, 49 Pa. Code r. State Board of Physical Therapy, 49 Pa. Code s. State Board of Psychology, 49 Pa. Code t. State Board of Occupational Therapy Education and Licensure, 49 Pa. Code u. State Board of Examiners in Speech-Language and Hearing, 49 Pa. Code v. State Board of Social Workers, Marriage and Family Therapists and Professional Counselors, 49 Pa. Code , and Title 58 Recreation...32 a. State Athletic Commission, 58 Pa. Code Title 61 Revenue...32 xx
6 a. State Tax Equalization Board, 61 Pa. Code b. Treasury Abandoned and Unclaimed Property, 61 Pa. Code Title 64 Securities...32 a. Securities Commission, 64 Pa. Code D. Agencies (listed by title number and name) That Specifically Do Not Use GRAPP Title 34 Labor and Industry...32 a. Workers Compensation Appeals Board, 34 Pa. Code (GRAPP is not Applicable to Proceedings before the Board under the Pennsylvania Occupational Disease Act, 77 P.S )...32 b. Special Rules of Administrative Practice and Procedures before Workers Compensation Judges, 34 Pa. Code Title 61 Revenue...33 a. Board of Appeals, 61 Pa. Code (Practice and Procedure before the Board is not Governed by the Administrative Agency Law, 2 Pa. C.S and (61 Pa. Code 7.5)...33 b. Board of Claims, 61 Pa. Code (Pennsylvania Rules of Civil Procedure Govern All Matters before this Board)...33 xxi
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