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MABEL CLITES T/D/B/A CLITES GUEST HOME v. COMMONWEALTH PENNSYLVANIA (10/21/88)

decided: October 21, 1988.

MABEL CLITES T/D/B/A CLITES GUEST HOME, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF PUBLIC WELFARE, RESPONDENT



Appeal from the Order of the Department of Public Welfare in the case of Appeal of: Mabel Clites, Re: Clites Guest Home, File No. 34-87-025.

COUNSEL

Karen L. Steele, Leopold, Eberhardt, Goldstein, Heslop & Steele, for petitioner.

Myra Werrin Sacks, Assistant Counsel, for respondent.

Judges Craig and Palladino, and Senior Judge Narick, sitting as a panel of three. Opinion by Senior Judge Narick. Judge MacPhail did not participate in the decision in this case.

Author: Narick

[ 120 Pa. Commw. Page 543]

Before us is a petition for review by Mabel Clites t/d/b/a Clites Guest Home (Appellant) from a decision of the Office of Hearings and Appeals (OHA), Department of Public Welfare (DPW) sustaining DPW's refusal to renew Appellant's personal care home license. We affirm.

Appellant as a provider of personal care home services is subject to certain licensure requirements which fall under DPW regulation pursuant to Section 1026 of the Public Welfare Code (Act), Act of June 13, 1967, P.L. 31, as amended, 62 P.S. § 1026 and 55 Pa. Code § 20.71.

By letter dated November 25, 1986, Appellant was notified by Leslie Best, an inspector for DPW's Personal

[ 120 Pa. Commw. Page 544]

Care Home Program that on December 17, 1986, a licensing inspection of Appellant's facility would be conducted. On December 19, 1986, a letter was sent to Appellant setting forth certain violations of DPW regulations found to exist by Inspector Best at the time of the inspection:

(1) Physician certificates were not completed for two residents -- H.C. and M.M.

(2) V.M., a resident, was not independently or ...


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