Appeals

Act 21 of 1967, § 1057.1, under HUMAN SERVICES CODE.

Act 21 of 1967, § 1057.1

Section 1057.1. Appeals.--(a) (1) An appeal from the decision of the department relating to the licensure or revocation of a personal care home shall not act as a supersedeas but, upon cause shown and where circumstances require it, the reviewing authority shall have the power to grant a supersedeas.

(2) An appeal from the decision of the department relating to revocation of an assisted living residence license shall not act as a supersedeas but, upon cause shown and where circumstances require it, the reviewing authority shall have the power to grant a supersedeas.

(b) If, without good cause, one or more Class I or Class II violations remain uncorrected or when the home or residence has demonstrated a pattern of episodes of noncompliance alternating with compliance over a period of at least two years such as would convince a reasonable person that any correction of violations would be unlikely to be maintained, the department may petition the court to appoint a master designated as qualified by the department to assume operation of the home or residence at the operator's expense for a specified period of time or until all violations are corrected and all applicable laws and regulations are complied with.

(1057.1 amended July 25, 2007, P.L.402, No.56)

Compiler's Note: See the preamble and sections 8, 9, 10 and 11 of Act 56 of 2007 for special provisions relating to legislative findings, construction of law, Legislative Budget and Finance Committee report and assisted living residence licenses.