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§ 5214. Appeals

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 32 P.S. Forests, Waters and State Parks

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 32 P.S. Forests, Waters and State Parks
Part IV. Conservation and Land Development
Chapter 103. Bluff Recession and Setback Act
32 P.S. § 5214
§ 5214. Appeals
Currentness
(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.

Credits

1980, May 13, P.L. 122, No. 48, § 14, imd. effective.

Footnotes

1
71 P.S. § 510-21 (repealed); see now, 35 P.S. § 7511 et seq.
32 P.S. § 5214, PA ST 32 P.S. § 5214
Current through Act 11 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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