§ 1021.64. Temporary supersedeas.
(a) An application for temporary supersedeas may be filed when a party may suffer immediate and irreparable injury before the Board can conduct a hearing on a petition for supersedeas.
(b) The application for temporary supersedeas shall be accompanied by a petition for supersedeas which comports with § 1021.62 (relating to contents of petitions for supersedeas).
(c) The application for temporary supersedeas and accompanying petition for supersedeas shall:
(1) Be served upon the office of the Department which issued notice of the action the applicant seeks to supersede and upon the Department’s Office of Chief Counsel.
(2) Include a proof of service in accordance with Pa.R.A.P. 122 (relating to content and form of proof of services).
(d) The Board will not issue a temporary supersedeas until it determines that the Department has been served in accordance with subsection (c) and has had a reasonable opportunity to respond by conference call or otherwise.
(e) When determining whether it will grant an application for temporary supersedeas, the Board will consider:
(1) The immediate and irreparable injury the applicant will suffer before a supersedeas hearing can be held.
(2) The likelihood that injury to the public, including the possibility of pollution, will occur while the temporary supersedeas is in effect.
(3) The length of time required before the Board can hold a hearing on the petition for supersedeas.
(f) Unless the Board orders otherwise, a temporary supersedeas will automatically terminate 6 business days after the date of issuance.
Source The provisions of this § 1021.64 reserved September 3, 1999, effective September 4, 1999, 29 Pa.B. 4683; amended June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085. Immediately preceding text appears at serial page (274922).
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