§ 1021.63. Circumstances affecting grant or denial.

 (a)  The Board, in granting or denying a supersedeas, will be guided by relevant judicial precedent and the Board’s own precedent. Among the factors to be considered:

   (1)  Irreparable harm to the petitioner.

   (2)  The likelihood of the petitioner prevailing on the merits.

   (3)  The likelihood of injury to the public or other parties, such as the permittee in third party appeals.

 (b)  A supersedeas will not be issued in cases where pollution or injury to the public health, safety or welfare exists or is threatened during the period when the supersedeas would be in effect.

 (c)  In granting a supersedeas, the Board may impose conditions that are warranted by the circumstances, including the filing of a bond or other security.

Source

   The provisions of this 1021.63 adopted June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085.

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