§ 138e.92. Review and decision.
(a) The State Board will acknowledge receipt of the recommendation for purchase of an easement. The State Board will notify the county board if the recommendation for purchase is incomplete or incorrect and request that additional necessary clarification, information or documentation be supplied.
(b) Within 60 days of receipt of a complete recommendation for purchase, the State Board may approve, disapprove or table the purchase. The State Board may delay its action on a recommendation for purchase beyond this 60-day deadline if any of the conditions excusing the delay, as set forth in section 14.1(e)(2) of the act (3 P. S. § 914.1(e)(2)), occur. If State Board action is delayed as a result of any of these conditions, the 60-day period shall be extended until applicable issues in section 14.1(e)(2) of the act are resolved to the satisfaction of the State Board, whereupon the State Board will act on the recommendation of the county board at its next scheduled meeting.
(1) If the recommendation for purchase is approved, the State Board will execute the agreement of sale.
(2) If the recommendation for purchase is disapproved or tabled, the State Board will notify the county board in writing of the reasons for disapproval or tabling. The State Board will mail this written notification within 10 days of the disapproval or tabling. If the recommendation for purchase has been disapproved, the county board may resubmit the recommendation if the purchase recommendation has been revised to address the State Board’s reasons for disapproval. The resubmittal shall be treated as a new recommendation for purchase.
(3) The county board may withdraw its recommendation for purchase from the State Board prior to action by the State Board. The county board may resubmit the recommendation for consideration. The resubmittal will be treated as a new recommendation for purchase.
(4) Failure of the State Board to act on a recommendation for purchase within 60 days of its receipt constitutes approval by the State Board.
(c) Following the end of each 7-year period within which recertification of a county program is required under section 14.1(b)(4) of the act, the State Board will not approve a county board’s recommendation for purchase until the county program has been approved for recertification in accordance with that section and the procedure described in § 138e.44 (relating to periodic recertification of county programs). The State Board may postpone the deadline for recertification of any county’s program by up to 12 months and during the period of postponement, may approve a county board’s recommendation for purchase.
(d) A decision of the State Board to disapprove a purchase shall be an adjudication subject to 2 Pa.C.S. § § 501—508 and 701—704 (relating to the Administrative Agency Law). The owner of the farmland tract proposed for easement purchase or the county board may appeal a decision of the State Board to disapprove the purchase of an easement. An appeal shall be made to the Secretary and shall be filed in writing within 30 days of the State Board’s action. An appeal from the decision of the State Board shall be governed by 1 Pa. Code Part II (relating to general rules of administrative practice and procedure).
Source The provisions of this § 138e.92 amended December 26, 1997, effective December 27, 1997, 27 Pa.B. 6782. Immediately preceding text appears at serial pages (202924) to (202925).
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