The Pennsylvania Department of Community and Economic Development has set the deadline to apply for waiver exemptions from the state’s list of non-life-sustaining businesses.
Businesses currently classified as non-life-sustaining who believe their physical operations may be exempt from the order – and therefore may re-open after Gov. Tom Wolf ordered the closure of the physical location of all non-life-sustaining businesses amid the COVID-19 outbreak – must submit the state’s waiver form to the department by 5 p.m. Friday.
Over 32,000 businesses have already applied for the waiver, and Barley Snyder’s attorneys have successfully counselled many clients in obtaining approved waiver requests. All businesses that think they may be entitled to an exemption waiver are encouraged to apply by the end of the day tomorrow.
The state has made clear that businesses deemed non-life sustaining pursuant to the state’s guidance may seek an exemption to provide life-sustaining services and, if awarded, the applicant business may continue physical operations. The waiver application process only takes a few minutes and is available online.
The professionals at DCED have made clear that exemptions will be awarded based on the guiding principle of balancing public safety while ensuring the continued delivery of critical infrastructure services and functions. The application requires written responses where the applicant can make its case for why it is life-sustaining and to explain its plans for ensuring employee safety during the COVID-19 pandemic if its physical operations continued. The attorneys at Barley Snyder have closely followed both successful and unsuccessful responses to these written prompts and are well-equipped to assist you in making the best case possible for your businesses’ unique situation.
DCED asks that businesses do not apply for a waiver more than once or because they have not received a response from a prior submission. Those requesting an exemption will be notified via email if their operations may reopen. Businesses applying for an exemption must remain closed until a decision is made about their application.
Please contact Brian Korman, Dan Desmond or any other attorney at Barley Snyder to help you get your waiver application submitted before tomorrow’s deadline.
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