§ 138e.44. Periodic recertification of county programs.
(a) Responsibilities of the State Board.
(1) The State Board will review a county program and approve or disapprove the recertification of that county program in accordance with this section and section 14.1(b)(4) of the act (3 P. S. § 914.1(b)(4)).
(2) A county program that was approved by the State Board on or before December 31, 1994, will be reviewed by the State Board and approved or disapproved for recertification by December 31, 1996, and by December 31 of every 7th year thereafter.
(3) A county program that was approved by the State Board after December 31, 1994, will be reviewed by the State Board and approved or disapproved for recertification by December 31 of the 7th year after the date of original approval and by December 31 of every 7th year thereafter.
(4) The State Board’s approval or disapproval of recertification need not be granted within the times specified in paragraphs (1)—(3) if the county board fails to submit its county program to the State Board by the applicable deadline in subsection (c), or if the State Board postpones the deadline in accordance with subsection (e).
(b) Standard of review. The State Board will approve the recertification of a county program if it determines that the county program is in compliance with section 14.1(b)(4) and (d) of the act (3 P. S. § 914.1(b)(4) and (d)) and otherwise complies with the act and this chapter.
(c) Responsibilities of the county board.
(1) If a county board seeks State Board review and recertification of a county program that does not contain proposed revisions, it shall submit the county program to the State Board September 1 of the year within which recertification must be completed.
(2) If a county board seeks State Board review and recertification of a county program that contains proposed revisions, it shall submit the county program, including proposed revisions, to the State Board by July 1 of the year within which recertification must be completed. Proposed revisions to county programs shall comply with § 138e.43 (relating to revision of county programs).
(d) Consequence of noncompliance. The State Board will not approve a county board’s recommendation for purchase unless the county program has been approved for recertification in accordance with the schedule set forth in section 14.1(b)(4) of the act and this section.
(e) Discretionary extension of time. Subsection (d) notwithstanding, the State Board may postpone the deadline for recertification of a county program by up to 12 months and, during this period of postponement, may approve a county board’s recommendation for easement purchase.
Source The provisions of this § 138e.44 amended December 26, 1997, effective December 27, 1997, 27 Pa.B. 6782.
Cross References This section cited in 7 Pa. Code § 138e.92 (relating to review and decision).
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