§ 136.9. Appeals procedure.
(a) The applicant or the assessing authority shall have the right of appeal from the certification or noncertification by the Department. This appeal must be in writing to the Secretary, and it must be filed within 30 days of the notice of action by the Department.
(b) Where the Department undertakes, on its own initiative or on the written request of the assessing authority, a review of a previous certification, the affected parties shall have a right of appeal, in writing, within 30 days of the notice of action by the Department in accordance with subsection (a).
(c) The Department will only consider one appeal annually from its certification decision.
(d) All appeals from the Department’s certification decisions shall be in accordance with Part V-A (relating to rules of administrative practice and procedure). To the extent that this chapter expands the time period to perfect appeals beyond that granted in Chapter 131 (relating to rules of practice and procedure), this chapter will be deemed controlling.
Source The provisions of this § 136.9 adopted December 11, 1981, effective December 12, 1981, 11 Pa.B. 4259.
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