PENNSYLVANIA, May 24 - disapproves the waiver application, the specific reasons for the

department's request or disapproval shall be transmitted to the

waiver applicant.

(2) If the department denies an application, the response to

the applicant shall include an explanation of any provision of

law, regulation of the State Board, standard of the secretary or

policies or guidance of the department that is not subject to

waiver under this section and would be violated if the

application were granted.

(3) The waiver applicant may submit a revised application

for a waiver in accordance with subsection (c).

(4) A waiver applicant may appeal a disapproval to the

secretary pursuant to 2 Pa.C.S. Chs. 5 (relating to practice and

procedure) and 7 (relating to judicial review). A waiver

applicant shall not be required to revise and resubmit the

waiver application prior to appealing a disapproval.

(g) A waiver shall remain in effect permanently unless

rescinded by the governing body or found by a court of competent

jurisdiction to be in violation of subsection (d)(2)(ii).

(h) The following shall not be subject to waiver pursuant to

this section:

(1) The following provisions of this act: sections 106, 108,

110, 111, 111.1, 321, 322, 323, 324, 325, 326, 327, 328, 431,

436, 437, 440.1, 443, 513, 518, 527, 701.1, 708, 740, 741, 751,

752, 753, 771, 776, 785, 808, 809, 810, 1073, 1073.1, 1076,

1077, 1080, 1302, 1303, 1310, 1310.1, 1317, 1317.2, 1318, 1327,

1327.1, 1327.2, 1330, 1332, 1361, 1366, 1501, 1502, 1513, 1517,

1518, 1521, 1523, 1526, 1546 and 1547, provisions prohibiting

discrimination, Articles VI, VI-A, XI, XI-A, XII, XIII-A, XIII-

B, XIII-C, XIII-D, XIII-E, XIV, XVII-A and this section.

20210SB0073PN0054 - 3 -

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