Current through Register Vol. 54, No. 23, June 8, 2024
Section 197.44 - Limitation of issues and evidence(a) The appeal shall be limited to those issues raised by the appellant in the specification of objections to the decision of the Department. No issues may be raised which were not raised in the proceedings before the health systems agency or the Department.(b) The Board will entertain no evidence that the Board is satisfied that the appellant was able, by exercise of reasonable diligence, to have submitted before the health systems agency and the Department. This subsection supersedes in part 1 Pa. Code § 35.161 (relating to form and admissibility of evidence).The provisions of this § 197.44 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); and 37 Pa. Code § 197.42 (relating to appeal briefs).