Current through Register Vol. 54, No. 21, May 25, 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).