7 Pa. Code § 138e.92 - Review and decision
(a) The
State Board will acknowledge receipt of the recommendation for purchase of an
easement. The State Board will notify the county board if the recommendation
for purchase is incomplete or incorrect and request that additional necessary
clarification, information or documentation be supplied.
(b) Within 60 days of receipt of a complete
recommendation for purchase, the State Board may approve, disapprove or table
the purchase. The State Board may delay its action on a recommendation for
purchase beyond this 60-day deadline if any of the conditions excusing the
delay, as set forth in section
14.1(e)(2) of the
act (3 P. S. §
914.1(e)(2)), occur. If
State Board action is delayed as a result of any of these conditions, the
60-day period shall be extended until applicable issues in section
14.1(e)(2) of the
act are resolved to the satisfaction of the State Board, whereupon the State
Board will act on the recommendation of the county board at its next scheduled
meeting.
(1) If the recommendation for
purchase is approved, the State Board will execute the agreement of
sale.
(2) If the recommendation for
purchase is disapproved or tabled, the State Board will notify the county board
in writing of the reasons for disapproval or tabling. The State Board will mail
this written notification within 10 days of the disapproval or tabling. If the
recommendation for purchase has been disapproved, the county board may resubmit
the recommendation if the purchase recommendation has been revised to address
the State Board's reasons for disapproval. The resubmittal shall be treated as
a new recommendation for purchase.
(3) The county board may withdraw its
recommendation for purchase from the State Board prior to action by the State
Board. The county board may resubmit the recommendation for consideration. The
resubmittal will be treated as a new recommendation for purchase.
(4) Failure of the State Board to act on a
recommendation for purchase within 60 days of its receipt constitutes approval
by the State Board.
(c)
Following the end of each 7-year period within which recertification of a
county program is required under section
14.1(b)(4) of the
act, the State Board will not approve a county board's recommendation for
purchase until the county program has been approved for recertification in
accordance with that section and the procedure described in §
138e.44 (relating to periodic
recertification of county programs). The State Board may postpone the deadline
for recertification of any county's program by up to 12 months and during the
period of postponement, may approve a county board's recommendation for
purchase.
(d) A decision of the
State Board to disapprove a purchase shall be an adjudication subject to
2
Pa.C.S. §
§ 501-508 and
701-704 (relating to the
Administrative Agency Law). The owner of the farmland tract proposed for
easement purchase or the county board may appeal a decision of the State Board
to disapprove the purchase of an easement. An appeal shall be made to the
Secretary and shall be filed in writing within 30 days of the State Board's
action. An appeal from the decision of the State Board shall be governed by 1
Pa. Code Part II (relating to general rules of administrative practice and
procedure).
Notes
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