Section 17.21. Appeals

(a) Under section 471 of the Liquor Code (47 P. S. § 4-471), the Bureau or licensee who feels aggrieved by a decision of the ALJ has the right of appeal to the Board.

(b) An appeal to the Board shall be in the form prescribed by the Board, and is subject to the following conditions:

(1) The appeal shall be accompanied by a $35 fee payable to the ‘‘Pennsylvania Liquor Control Board.’’

(2) Appeals shall be filed or postmarked within 30 calendar days of the mailing date of the opinion and adjudication of the ALJ; failure to file or have the appeal postmarked within 30 calendar days will result in dismissal of the appeal.

(3) A copy of the opinion and adjudication of the ALJ shall be attached to the appeal.

(4) The appeal shall include a concise enumeration and explanation, in the numbered paragraphs, as to each finding of fact which the appellant believes is not supported by substantial evidence.

(5) The appellee shall have 15 days from the mailing date of the Board’s notice that an appeal has been filed to respond in writing to the matters raised on appeal; however, no response is required.

(c) The filing of a motion for reconsideration under the rules of the ALJ will stay the processing of an appeal filed with the Board. The filing of a notice for reconsideration will not toll the 30-day time period for the filing of an appeal with the Board.

(d) An appeal shall be reviewed solely upon the record made before the ALJ.

(e) The filing of briefs is optional. A brief shall be filed with the appeal, or response to an appeal, and served on the opposing party, to be considered by the Board. Reply briefs shall be filed within 10 days of the filing date of the brief as to which the reply is made.

The provisions of this § 17.21 adopted December 27, 1991, effective December 28, 1991, 21 Pa.B. 5935.