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§ 1329.11. Appeal

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: August 19, 2002

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 14A. Propane and Liquefied Petroleum Gas Act (Refs & Annos)
Effective: August 19, 2002
35 P.S. § 1329.11
§ 1329.11. Appeal
(a) Determination.--The department shall issue its initial determination. A party may appeal the initial determination to the department. An appeal must be filed within 30 days.
(b) Hearing.--If an appeal is filed under subsection (a), a formal hearing shall then be conducted in accordance with the provisions of 2 Pa.C.S. Ch. 5 Subch. A1 (relating to practice and procedure of Commonwealth agencies) by a hearing examiner appointed by the secretary. The department may, at its discretion, secure an independent scientific consultant with knowledge of LPG facilities who shall prepare and issue a report, which shall be made part of the record before the hearing examiner. The cost of the services of this expert shall be equally divided between the department and the parties. Parties may also secure expert testimony if they desire. The order of the hearing examiner shall be appealable to the Industrial Board within 15 days of its receipt by a party.
(c) Decision.--The Industrial Board shall issue its decision within 60 days of the department's receipt of the appeal from the hearing examiner's decision.
(d) Appeal of decision.--Any party may appeal a decision of the Industrial Board in accordance with the provisions of 2 Pa.C.S. Ch. 7 Subch. A2 (relating to judicial review of Commonwealth agency action).

Credits

2002, June 19, P.L. 421, No. 61, § 11, effective in 60 days.

Footnotes

2 Pa.C.S.A. § 501 et seq.
2 Pa.C.S.A. § 701 et seq.
35 P.S. § 1329.11, PA ST 35 P.S. § 1329.11
Current through the end of the 2023 Regular Session. Some statute sections may be more current, see credits for details.
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