Mallard Associates v. Commonwealth

Opinion by

President Judge Crumlish, Jr.,

Mallard Associates filed a petition for review invoking both our original1 and appellate2 jurisdiction to review a negative recommendation by the Pennsylvania Department of Health (Department), as affirmed by a fair hearing examiner.3 Before the Court are the Department’s preliminary objections to that portion of the petition for review addressed to our original jurisdiction, challenging our jurisdiction over the hearing examiner, questioning Mallard’s failure to *210exhaust administrative remedies, and registering a demurrer for failure to state a cause of…