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Pennsylvania Statutes Title 32 P.S. Forests, Waters and State Parks § 693.24. Administrative procedure and judicial review

Current as of January 01, 2025 | Updated by Findlaw Staff

(a) Any person who shall be aggrieved by any action of the department under this act shall have the right within 30 days of receipt of notice of such action to appeal to the Environmental Hearing Board. Any appeal of a general permit issued pursuant to section 7  1 shall be filed within 30 days of the date of publication of the general permit in the Pennsylvania Bulletin. Hearings under this subsection and any subsequent appeal shall be in accordance with section 1921(a) of the act of April 9, 1929 (P.L. 177, No. 175),  2 known as “The Administrative Code of 1929,” and the “Administrative Agency Law.”  3

(b) An appeal to the hearing board of any action of the department shall not act as a supersedeas. A supersedeas may be granted by the hearing board upon a showing by the petitioner:

(1) the irreparable harm to the petitioner or other interested parties will result if the 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 board may grant such a supersedeas subject to such security as it may deem proper.

1 32 P.S. § 693.7.
2 71 P.S. § 510-21 (repealed); see now, 35 P.S. § 7511 et seq.
3 2 Pa.C.S.A. § 501 et seq.
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Cite this article: FindLaw.com - Pennsylvania Statutes Title 32 P.S. Forests, Waters and State Parks § 693.24. Administrative procedure and judicial review - last updated January 01, 2025 | https://codes.findlaw.com/pa/title-32-ps-forests-waters-and-state-parks/pa-st-sect-32-693-24/

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