§ 1005.24. Appeals from actions of the staff.
(a) Actions taken by staff, other than a presiding officer, under the act, this part or an order of the Authority will be deemed to be the final action of the Authority unless appealed by petition to the Authority within 15 days after service of notice of the action, unless a different time period is specified in this subpart or in the act. This section does not apply to staff decisions related to informal complaints, which must be addressed as provided in § 1003.43 (relating to other initiation of formal complaints).
(b) An action taken by staff under delegated authority will note the parties’ right to appeal the action under this section.
(c) Petitions for appeal from actions of staff must be filed with the Clerk, served as provided in § 1001.52 (relating to service by a party) and will be assigned to a presiding officer for a recommended decision as provided in § § 1005.201—1005.204 (relating to recommended decisions).
(d) Petitions for appeal from actions of the staff must set forth any legal basis upon which the petition is based and aver any material factual disputes related to the staff action necessitating an on the record hearing and otherwise comply with § 1005.21 (relating to petitions generally).
(e) A party may file an answer to a petition for appeal with the Clerk within 20 days of service, and in default thereof, may be deemed to have waived objection to the granting of the petition. Answers shall be served upon all other parties as provide in § 1001.52.
(f) Subsections (a)—(e) supersede 1 Pa. Code § 35.20 (relating to appeals from actions of the staff).
Cross References This section cited in 52 Pa. Code § 1003.51 (relating to applications generally); 52 Pa. Code § 1005.23 (relating to petitions for issuance, amendment, repeal or waiver of Authority regulations); 52 Pa. Code § 1005.111 (relating to order of procedure); 52 Pa. Code § 1011.11 (relating to record retention); 52 Pa. Code § 1013.23 (relating to invalidation upon execution or seizure); 52 Pa. Code § 1051.10 (relating to record retention); and 52 Pa. Code § 1055.3 (relating to limousine age and mileage parameters).
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