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COMMONWEALTH OF PENNSYLVANIA

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40 Pa. Code § 17.31. Supersedeas.

§ 17.31. Supersedeas.

 (a)  An appeal from a decision of an ALJ does not act as an automatic supersedeas if the licensee has been found to have committed one or more of the special violations of section 471 of the Liquor Code (47 P. S. §  4-471), unless the Board, upon sufficient cause shown, determines otherwise.

 (b)  A completed application for supersedeas in decisions involving special violations shall be filed concurrent with the appeal but the Board will not consider an application for supersedeas filed more than 30 days after the mailing date of the opinion and adjudication of the ALJ, unless good cause is shown. The application for supersedeas shall be in the form prescribed by the Board and shall list each reason which would demonstrate to the Board that sufficient cause exists for the Board to grant the supersedeas.

 (c)  When a licensee files a timely appeal from a decision of the ALJ wherein the licensee is found to have committed one or more standard violations, penalties imposed only for standard violations shall be subject to an automatic supersedeas pending the Board’s determination of the appeal unless, upon sufficient cause shown, the Board determines otherwise.

 (d)  The Bureau may apply to the Board to remove a supersedeas. The Bureau shall set forth in numbered paragraphs reasons which demonstrate that sufficient cause exists to remove the supersedeas. An immediate hearing may be scheduled.

 (e)  Within 10 days of the mailing date of the Board’s notice that an application, whether for supersedeas or its removal, has been filed, a response may be filed by the Bureau.

Source

   The provisions of this §  17.31 adopted December 27, 1991, effective December 28, 1991, 21 Pa.B. 5935.


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