Appeals by Adult Day Service Centers
– Adverse Licensure Action Taken by the Department of Aging
Under 6 Pa. Code § 11.291 and § 11.292 the legal entity of an adult day services center has the right to appeal one or more of the following actions by the Department:
- The denial of a license.
- The nonrenewal of a license.
- The revocation of a license.
If a center is facing one of the above-mentioned adverse actions, the Department will provide written notice that the action is being taken. The written notice will explain the reason(s) for the action and will explain the legal entity’s right to appeal.
The legal entity has 30 days upon receipt of a notice of adverse action to submit an appeal. The appeal must be submitted in writing to:
Assistant Counsel Department of Aging 555 Walnut Street, 5th Floor Harrisburg, PA 17101
The written appeal must include:
- Legal Entity name, mailing address, and telephone number;
- A copy of the Notice of Adverse Action;
- A concise statement of why the legal entity disagrees with the action and the facts upon which the legal entity’s statement is based; and
- A description of the relief being sought through the appeal.
Upon receipt of a request for a formal hearing, the Department of Aging will review the appeal and forward it to the Department of Public Welfare’s (DPW) Bureau of Hearings and Appeals who will schedule the formal hearing.
Hearings relating to licensure actions for Older Adult Daily Living Centers are handled by DPW’s Bureau of Hearings and Appeals as outlined in the Memorandum of Understanding between the Department of Aging and DPW, Bureau of Hearings and Appeals issued September 27, 2010. The Secretary of Aging delegates to the Administrative Law Judge (ALJ), within DPW, Bureau of Hearings and Appeals, the authority necessary to conduct the hearing proceedings.
Prior to the formal hearing the Department of Aging may conduct an informal hearing to attempt to resolve the matter. For the Department of Aging, this informal hearing would involve Department Counsel and Division of Licensing staff. The legal entity may include anyone they wish for the informal hearing.
The ALJ’s office shall notify the complainant and respondent of the date, time, and location of the hearing at least 10 calendar days prior to the selected date. A prehearing conference may be held at the discretion of the hearing examiner. The hearing examiner will complete the hearing within 45 calendar days of receipt of the assignment at the time of his appointment by the Secretary. 6 Pa. Code § 3. 8 requires the hearing to be completed within 45 days from the date the case is assigned to the ALJ (i.e., the date the scheduling letter is completed). The ALJ can only grant a second continuance under extraordinary circumstances and the request for continuance must be in writing and copied to all parties.
If the Appellant does not show for the hearing, the ALJ will send a Proposed Report to the Department of Aging, Office of General Counsel to dismiss the appeal. If the Aging representative does not show for the hearing the ALJ should go forward with the hearing without the Aging representative present and write the Proposed Report sustaining or denying the appeal based upon the evidence and testimony provided.
Following review of the Proposed Report, the Secretary directs the Department of Aging, Office of General Counsel to issue the Final Order within 30 business days from the date of the hearing (6 Pa. Code § 3.10).
Important Note on Citations
Regulatory citations noted through an inspection/investigation are not subject to appeal. The time to resolve disagreements on citations is before the Licensing Inspection Summary is issued. Address regulatory citation disagreements with your licensing representative. If the disagreement still cannot be resolved, then contact the Division Director to discuss. Please call the Division of Licensing at (717) 214-6716 if you have any questions.