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Senate Bill 569 Printer's Number 577

PENNSYLVANIA, March 28 - 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rescinded by the governing body or found by a court of competent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 department shall approve a waiver of section 751 if

the governing body indicates in its application that the

governing body intends to solicit multiple prime and single

prime construction bids and award the contract to the lowest

responsible bidder.

(i) 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, 752,

753, 771, 776, 785, 808, 809, 810, 1073, 1073.1, 1076, 1077,

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

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