Section 86.242. Appeal procedure

(a) If an employe disputes a decision of the review committee, the employe may request an informal meeting with the review committee to resolve the dispute.

(b) If, after meeting with the review committee, the employe still disputes the decision of the review committee, the employe may request the Department to obtain an independent arbitrator to hear the employe’s appeal of the decision. The employe’s appeal must be made within 30 days of receipt of the decision of the review committee. The decision of the arbitrator shall be final.

The provisions of this § 86.242 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382.

Notation

Notes of Decisions

This chapter is not preempted by the Federal Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.A. § § 1201—1328) since the act allows for State regulations providing for more stringent land use and environmental control. Budinsky v. Department of Environmental Resources, 819 F.2d 418 (3rd Cir. 1987); cert. denied 484 U. S. 926; reh’g denied 484 U. S. 1083 (U. S. 1988).

Cross References

This section cited in 25 Pa. Code § 86.241 (relating to confidentiality).