Current through Register Vol. 54, No. 44, November
2, 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).
