Current through Register Vol. 54, No. 44, November 2, 2024
Section 197.45 - Scope of review(a) In the case of appeals filed under § 197.32(1), (2) and (4) (relating to appealable decisions) the Hearing Board will limit its review to the following issues: (1) Whether the decision of the Department is supported by substantial evidence.(2) Whether there was a violation of constitutional or statutory law or the regulations of the Department.(3) Whether there was any prejudicial procedural error committed during the review.(b) In the case of appeals filed under § 197.32(3) the Hearing Board will limit its review to the question of whether the Department abused its discretion in denying the request for reconsideration.The provisions of this §197.45 adopted May 1, 1981, effective 5/2/1981, 11 Pa.B. 1455. This section cited in 37 Pa. Code § 197.15 (relating to recording of proceedings).