Pennsylvania Code (Last Updated: April 5, 2016) |
Title 7. AGRICULTURE |
PART V-A. Rules of Procedure |
Chapter 131. Rules of Practice and Procedure |
Section 131.16. Supersedeas
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(a) An appeal or other proceeding before the Secretary does not act as a supersedeas to the action of the Department unless granted by the Department or the Secretary.
(b) A petition for supersedeas may be filed with the Secretary at any time during the proceeding and shall set forth the specific grounds for which it is requested. In granting a supersedeas, the Secretary may impose conditions warranted by the circumstances including, where appropriate, the filing of a bond or other security. Except for compelling reasons justifying a supersedeas, a supersedeas will be denied in cases of health hazard or nuisance which either exists or is threatened.
The provisions of this § 131.16 adopted February 25, 1972, effective February 26, 1972, 2 Pa.B. 340.