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Pennsylvania Statutes Title 32 P.S. Forests, Waters and State Parks § 5214. Appeals

Current as of January 01, 2022 | Updated by FindLaw Staff

(a) Any person or municipality aggrieved by an action of the department shall have the right within 30 days of the receipt of notice of such action to appeal such action to the Environmental Hearing Board, pursuant to section 1921-A of the act of April 9, 1929 (P.L. 177, No. 175),  1 known as “The Administrative Code of 1929,” and the Administrative Agency Law.

(b) An appeal of any action under this act shall not act as a supersedeas. A supersedeas may be granted by the Environmental Hearing Board upon a showing by the petitioner:

(1) that irreparable harm to the petitioner or other interested parties will result if supersedeas is denied;

(2) that there is a likelihood of the petitioner's success on the merits; and

(3) that the grant of a supersedeas will not result in irreparable harm to the Commonwealth.

The hearing board may grant such a supersedeas subject to such security as it may deem proper.

1 71 P.S. § 510-21 (repealed); see, now 35 P.S. § 7511 et seq.
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Cite this article: FindLaw.com - Pennsylvania Statutes Title 32 P.S. Forests, Waters and State Parks § 5214. Appeals - last updated January 01, 2022 | https://codes.findlaw.com/pa/title-32-ps-forests-waters-and-state-parks/pa-st-sect-32-5214/

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