Nicholas Muma v. Pennsylvania Department of Health, Division of Nursing Care Facilities
Dec 18, 2019OUTCOME: Petitioner's request to file nunc pro tunc and obtain a hearing was granted
The Pennsylvania Commonwealth Court vacated and remanded the decisions of the Pennsylvania Department of Health and the administrative law judge, both of whom had ruled against Muma, denying his reques ... t for an administrative hearing to address allegations of misconduct by Muma at his place of employment. Muma's previous attorney had failed to file the forms required to request the hearing until after the filing deadline, and the administrative law judge declined to allow Muma to file the forms nunc pro tunc. The issue before the Commonwealth Court was whether the nunc pro tunc request should be granted based on constitutional or other procedural grounds. The Court ruled in Muma's favor. They vacated the order of the administrative law judge and remanded the case to the appropriate state agency, the Department of Health, with the directive to provide Muma with the hearing that he had been denied. The citation is Pennsylvania Commonwealth Court, No. 15 C.D. 2018.
