Current through Register Vol. 54, No. 21, May 25, 2024
Section 32.6 - Enforcement(a) If efforts to secure compliance with this chapter through conciliation and persuasion have failed or if the Department finds that the institution has not made the requisite good faith effort to meet its commitments made under § 32.5 (relating to compliance review), the Department will issue a notice of noncompliance to the institution on giving it 30 days after receipt of that notice to show cause why the imposition of sanctions under this chapter should not be instituted. The notice shall set forth the particulars which constitute the basis of the asserted noncompliance.(b) During the show-cause period of 30 days, the Department will continue, through conciliation, mediation and persuasion, to resolve the deficiencies which led to the determination of noncompliance.(c) If the institution is unable to show good cause for its failure to resolve the deficiencies, the Department will issue a notice of proposed imposition of sanctions. The notice shall constitute an order to show cause within the meaning of 1 Pa. Code § 35.14 (relating to orders to show cause). The institution shall be entitled to all of the rights provided by 2 Pa.C.S. § 103 (relating to Administrative Agency Law) and the regulations promulgated thereunder with respect to hearing and appeals. If a request for hearing is not made within the time provided by law, the sanctions described in the notice will be immediately imposed, unless compliance is obtained by agreement.The provisions of this § 32.6 amended February 2, 1979, effective 2/3/1979, 9 Pa. B. 394; amended July 17, 1992, effective 7/18/1992, 22 Pa. B. 3739. This section cited in 22 Pa. Code § 32.4 (relating to duties of the Department); and 22 Pa. Code § 32.7 (relating to sanctions).