1 Pa. Code § 35.226 : GENERAL PROVISIONS — General Rules of Administrative Practice and Procedure — FORMAL PROCEEDINGS — AGENCY ACTION —DECISIONS — Final orders
(a) Adjudications of an agency head shall be final orders, subject only to application for rehearing, if any, provided for by the statute under which the proceeding is initiated and conducted, except proposed regulations that may be issued in rulemaking. Final orders shall include:
(1) Adjudications by the agency head in proceedings in which the agency head has presided at the reception of evidence.
(2) Adjudications by the agency head upon appeal of proposed reports by participants, by filing exceptions in the manner and time provided by §
35.211 (relating to procedure to except to proposed report), or upon review initiated by the agency head within 10 days next following the expiration of the time for filing exceptions under the section, or another time as the agency head may fix in specific cases.
(3) Proposed reports, upon the expiration of the time provided for an appeal to or review by the agency head without the appeal or review having been initiated.
(4) Adjudications by the agency head in proceeding in which a presiding officer has presided at the reception of evidence and which are not subject to §
35.202 (relating to proceedings in which proposed reports are prepared).
(b) No application for rehearing, provided for by the statute under which a proceeding is initiated and conducted, will be entertained by the agency head until an adjudication is issued and becomes a final order under the provisions of this section.