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§ 7514. Jurisdiction

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and Safety

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 44. Environmental Hearing Board Act (Refs & Annos)
35 P.S. § 7514
§ 7514. Jurisdiction
Currentness
(a) General rule.--The board has the power and duty to hold hearings and issue adjudications under 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure of Commonwealth agencies) on orders, permits, licenses or decisions of the department.
(b) Powers continued.--The board shall continue to exercise the powers to hold hearings and issue adjudications which (powers) were vested in agencies listed in section 1901-A of the act of April 9, 1929 (P.L. 177, No. 175), known as The Administrative Code of 1929.1
(c) Departmental action.--The department may take an action initially without regard to 2 Pa.C.S. Ch. 5 Subch. A, but no action of the department adversely affecting a person shall be final as to that person until the person has had the opportunity to appeal the action to the board under subsection (g). If a person has not perfected an appeal in accordance with the regulations of the board, the department's action shall be final as to the person.
(d) Supersedeas.--
(1) No appeal shall act as an automatic supersedeas. The board may, however, grant a supersedeas upon cause shown. The board, in granting or denying a supersedeas, shall be guided by relevant judicial precedent and the board's own precedent. Among the factors to be considered are:
(i) Irreparable harm to the petitioner.
(ii) The likelihood of the petitioner prevailing on the merits.
(iii) The likelihood of injury to the public or other parties, such as the permittee in third party appeals.
(2) A supersedeas shall not be issued in cases where pollution or injury to the public health, safety or welfare exists or is threatened during the period when the supersedeas would be in effect.
(3) The board shall promulgate regulations for issuance or denial of a temporary supersedeas.
(e) Intervention.--Any interested party may intervene in any matter pending before the board.
(f) Subpoenas.--The board may subpoena witnesses, records and papers. The board may enforce its subpoenas in Commonwealth Court. Commonwealth Court, after a hearing, may make an adjudication of contempt or may issue another appropriate order.
(g) Procedure.--Hearings of the board shall be conducted in accordance with the regulations of the board in effect at the effective date of this act until new regulations are promulgated under section 5.
(h) Voluntary mediation.--Subject to board approval, parties to any proceeding may request permission to utilize voluntary mediation services to resolve the dispute or narrow the areas of difference. If the board approves, the hearing shall be continued until the parties report the results of the mediation. If the parties accept the mediation report and the result is consistent with State and Federal environmental laws, then the board may enter the settlement as its decision. If mediation is unsuccessful, then the hearing shall be rescheduled and conducted in accordance with the provisions of law.

Credits

1988, July 13, P.L. 530, No. 94, § 4, effective Jan. 1, 1989.

Footnotes

1
71 P.S. § 510-1.
35 P.S. § 7514, PA ST 35 P.S. § 7514
Current through 2023 Regular Session Act 1. Some statute sections may be more current, see credits for details.
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