Current through Register Vol. 54, No. 38, September 21, 2024
(a) An appeal from
the decision of the County Commissioners or the appropriate governing body
shall be to the Council. Such appeal shall be in writing and shall be filed
with the Council within 20 days following written receipt of the County
Commissioner's adjudication. Failure to file a timely appeal shall result in a
waiver of such right. The provisions of this subsection supersede the
provisions of 1 Pa. Code §35.211 (relating to procedure to
except to proposed report) and supplement the provisions of 1 Pa. Code §35.213 (relating to effect of
failure to except to proposed report).
(b) Appellant shall send a copy of the notice
of appeal to the party whose decision it is appealing and to all other parties
in interest.
(c) A notice of appeal
shall contain the following:
(1) A statement
of relevant facts and the grounds for the appeal.
(2) A statement of the questions
presented.
(3) The relief requested
by the appellant.
(d) The
appealing party may, in writing, request the Council to issue a stay of such
decision. Where justified, the Council may grant a stay no later than five days
after receiving the request.
(e)
The appeal procedure shall be as follows:
(1)
The Board of County Commissioners or appropriate governing body shall forward a
copy of the stenographic record and its adjudication to the Council immediately
following receipt of the notice of appeal. Also, the board shall forward any
other documents deemed relevant to the appeal which are a part of the record
below. The provisions of this subsection supersede the provisions of 1 Pa. Code
§35.207 (relating to service of
proposed reports).
(2) Within 30
days after receipt of such materials, the Council will set the day and time for
the Level III hearing and send a copy of the notice of hearing to all
parties.
(3) Continuances will not
be granted except for good cause shown. All requests for continuances shall be
in writing and shall be delivered to the Council and the opposing
party.
(4) The Council will hear
oral argument or designate a hearing examiner who has been approved by the
Justice Department to sit on its behalf. Oral argument of each affected party
shall not exceed 30 minutes. The provisions of this paragraph supplement the
provisions of 1 Pa. Code §35.185 (relating to designation of
presiding officers) and supersede the provisions of 1 Pa. Code §35.221 (relating to briefs and oral
argument in absence of proposed report).
(5) Stenographic notes will be taken at these
proceedings. The provisions of this paragraph supplement the provisions of 1
Pa. Code §35.131 (relating to recording of
proceedings).
(6) The Council's
review will be limited to:
(i) Whether the
decision of the County Commissioners or local governing body was supported by
the evidence.
(ii) Whether the
decision of the County Commissioners or local governing body was an abuse of
authority or discretion.
(iii)
Whether the decision of the County Commissioners or local governing body was
arbitrary, capricious, or discriminatory.
(iv) Whether the decision was contrary to
existing law or regulations.
(7) In the event a hearing examiner is used,
the hearing examiner shall report his findings and recommendation to the
Council. The Council will then render an adjudication within 45 days after
receipt of such recommendation. The provisions of this paragraph supersede the
provisions of 1 Pa. Code §
§35.201,
35.202, and 35.226 (relating to
proposed reports generally).
(8)
Copies of the adjudication will be sent by certified mail to all parties. The
provisions of this paragraph supersede the provisions of 1 Pa. Code §33.31 (relating to service by the
agency).
