§ 265.4. Appeals—Level III.
(a) An appeal from the decision of the County Commissioners or the appropriate governing body shall be to the Council. Such appeal shall be in writing and shall be filed with the Council within 20 days following written receipt of the County Commissioner’s adjudication. Failure to file a timely appeal shall result in a waiver of such right. The provisions of this subsection supersede the provisions of 1 Pa. Code § 35.211 (relating to procedure to except to proposed report) and supplement the provisions of 1 Pa. Code § 35.213 (relating to effect of failure to except to proposed report).
(b) Appellant shall send a copy of the notice of appeal to the party whose decision it is appealing and to all other parties in interest.
(c) A notice of appeal shall contain the following:
(1) A statement of relevant facts and the grounds for the appeal.
(2) A statement of the questions presented.
(3) The relief requested by the appellant.
(d) The appealing party may, in writing, request the Council to issue a stay of such decision. Where justified, the Council may grant a stay no later than five days after receiving the request.
(e) The appeal procedure shall be as follows:
(1) The Board of County Commissioners or appropriate governing body shall forward a copy of the stenographic record and its adjudication to the Council immediately following receipt of the notice of appeal. Also, the board shall forward any other documents deemed relevant to the appeal which are a part of the record below. The provisions of this subsection supersede the provisions of 1 Pa. Code § 35.207 (relating to service of proposed reports).
(2) Within 30 days after receipt of such materials, the Council will set the day and time for the Level III hearing and send a copy of the notice of hearing to all parties.
(3) Continuances will not be granted except for good cause shown. All requests for continuances shall be in writing and shall be delivered to the Council and the opposing party.
(4) The Council will hear oral argument or designate a hearing examiner who has been approved by the Justice Department to sit on its behalf. Oral argument of each affected party shall not exceed 30 minutes. The provisions of this paragraph supplement the provisions of 1 Pa. Code § 35.185 (relating to designation of presiding officers) and supersede the provisions of 1 Pa. Code § 35.221 (relating to briefs and oral argument in absence of proposed report).
(5) Stenographic notes will be taken at these proceedings. The provisions of this paragraph supplement the provisions of 1 Pa. Code § 35.131 (relating to recording of proceedings).
(6) The Council’s review will be limited to:
(i) Whether the decision of the County Commissioners or local governing body was supported by the evidence.
(ii) Whether the decision of the County Commissioners or local governing body was an abuse of authority or discretion.
(iii) Whether the decision of the County Commissioners or local governing body was arbitrary, capricious, or discriminatory.
(iv) Whether the decision was contrary to existing law or regulations.
(7) In the event a hearing examiner is used, the hearing examiner shall report his findings and recommendation to the Council. The Council will then render an adjudication within 45 days after receipt of such recommen- dation. The provisions of this paragraph supersede the provisions of 1 Pa. Code § § 35.201, 35.202, and 35.226 (relating to proposed reports generally).
(8) Copies of the adjudication will be sent by certified mail to all parties. The provisions of this paragraph supersede the provisions of 1 Pa. Code § 33.31 (relating to service by the agency).
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