Current through Register Vol. 54, No. 17, April 27, 2024
Section 1021.52 - Timeliness of appeal(a) Except as specifically provided in § 1021.53 (relating to amendments to appeal or complaint), jurisdiction of the Board will not attach to an appeal from an action of the Department unless the appeal is in writing and is filed with the Board in a timely manner, as follows, unless a different time is provided by statute:(1) The person to whom the action of the Department is directed or issued shall file its appeal with the Board within 30 days after it has received written notice of the action.(2) Any other person aggrieved by an action of the Department shall file its appeal with the Board within one of the following:(i) Thirty days after the notice of the action has been published in the Pennsylvania Bulletin.(ii) Thirty days after actual notice of the action if a notice of the action is not published in the Pennsylvania Bulletin.(b) The appellant shall, within 20 days of the mailing of a request from the Board, file missing information required under § 1021.51(c), (d) and (k) (relating to commencement, form and content) or suffer dismissal of the appeal.(c) Subsections (a) and (b) supersede 1 Pa. Code §§ 35.5-35.7 and 35.9-35.11 (relating to informal complaints; and formal complaints). Comment: The language"person to whom the action of the Department is issued or directed" is intended to include, but not be limited to, the recipient of: an order, a permit or license issuance or denial, a civil penalty assessment, or certification. See section 4(a) and (c) of the act (35 P.S. § 7514(a) and (c)).
The provisions of this § 1021.52 amended September 18, 1998, effective 9/19/1998, 28 Pa.B. 4714; amended September 3, 1999, effective 9/4/1999, 29 Pa.B. 4683; amended October 6, 2017, effective 10/7/2017, 47 Pa.B. 6205.The provisions of this § 1021.52 amended under section 5 of the Environmental Hearing Board Act (35 P.S. § 7515).