Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 72 - ADMINISTRATION OF SEWAGE FACILITIES PERMITTING PROGRAM › Subchapter D - CERTIFICATION OF SEWAGE ENFORCEMENT OFFICERS › Section 72.58 - Certification Board hearings and procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Actions by the Department to revoke or
						suspend sewage enforcement officer certifications become final only after
						notice and opportunity for a hearing before the Certification Board. The filing
						of an appeal with the Certification Board does not operate as an automatic
						supersedeas of the action of the Department. If no request for a hearing is
						filed with the Secretary of the Certification Board within 30 days of receipt
						of notice of the action by the certificate holder, the action becomes final.
						Requests for a hearing shall set forth with specificity the grounds for the
						appeal, including objections to the Department's action. If the request for a
						hearing does not specify the grounds for the appeal, the certificateholder
						shall, upon notification from the Secretary of the Certification Board, be
						given the opportunity to file an amended request for a hearing within 30 days
						of receipt of the notification. The amended request shall conform to the
						content requirements for a request for a hearing. The Certification Board may
						dismiss an appeal if a certificate holder fails to file an amended request for
						a hearing or to comply with the requirements for filing an amended request for
						a hearing. The adjudications of the Certification Board shall otherwise be in
						accordance with 1 Pa. Code Part II (relating to general rules of administrative
						practice and procedure).
(b) In
						hearings before the Certification Board, 1 Pa. Code Part II (relating to
						general rules of administrative practice and procedure) applies, unless it is
						inconsistent with this chapter. Discovery in hearings before the Certification
						Board shall be permitted as provided in the Pa.R.C.P.
(c) In proceedings before the Certification
						Board, the burden of proceeding and the burden of proof is the same as at
						common law, in that the burden normally rests with the party asserting the
						affirmative of an issue. The affirmative of the issue shall be established by a
						preponderance of the evidence. The Certification Board may require the other
						party to assume the burden of proceeding with the evidence in whole or in part,
						if that party is in possession of facts or should have knowledge of facts
						relevant to the issue.
(d) Actions
						and adjudications of the Certification Board shall be by a vote of a majority
						of members present at a meeting called for consideration of the action or
						adjudication. Three members of the Certification Board constitute a
						quorum.
(e) The Certification Board
						may hear matters brought before it as a whole or may appoint hearing examiners.
						Hearings held by hearing examiners not members of the Certification Board shall
						be decided by the Board based upon its review of the record and the examiner's
						proposed adjudication.
(f) An
						applicant is not entitled to a hearing when a certificate was denied because
						the applicant failed to pass the certification examination or failed to
						successfully complete a training program requried by the Department.
The provisions of this §
														72.58 amended under sections
							 7.2 and 9 of the Pennsylvania
							 Sewage Facilities Act (35 P. S. §§
															750.7b and
							 750.9); The Clean Streams Act
							 (35
							 P. S. §§
															691.1-691.1001); and
							 section 1920-A of The Administrative Code of 1929 (71 P. S. §
															510-20).
This section cited in 25 Pa. Code §
														72.43 (relating to powers and
							 duties of the Department).