§ 17.13. Protests/intervention procedure.
(a) Form. A protest or petition to intervene must be substantially in the following form and contain:
(1) The identity of the protestant or petitioner—name, address and telephone number.
(2) The matter to which the protest or petition is addressed.
(3) A concise statement of the objections, including the legal basis for consideration as a valid protest, if applicable.
(4) In addition to the requirements in paragraphs (1)—(3), petitions to intervene must contain the following:
(i) A statement of the direct interest of the petitioner in the proceeding.
(ii) A description of how the petitioner will be aggrieved in the event of a Board decision contrary to the petitioner’s direct interest.
(b) Time. A protest or petition to intervene shall be filed with the Board within 30 days of the posting of notice of application as required under Chapter 3, Subchapter B (relating to notice posting). The Board may accept an untimely filed protest or petition to intervene, but only upon good cause shown.
(c) Notice. A petition to intervene shall be served upon the applicant in compliance with 1 Pa. Code § § 33.31—33.37 (relating to service of documents). With respect to a valid protest as determined by the Board, service upon a party is not required. The Board will notify the applicant of a valid protest if a hearing is convened.
(d) Action or petition to intervene. An answer to a petition to intervene or protest is not required.
(e) Hearings. When the Board orders a hearing, valid protestants and those who have been granted status as intervenors will be notified of the time and place of the hearing at least 10 days in advance of the hearing. The Board will render its decision based upon the record. Failure to appear or testify at the hearing may remove the reasons for protest or intervention from the Board’s consideration.
(f) Limitation of participation in hearing. If the Board determines that two or more protestants or intervenors have substantially similar interests and positions, the Board may indicate the similarity of interests in the notice of hearing and direct that one or more persons testify as representative of the similar interests. Designated representatives shall advise the Board at the time of hearing. If no designation has been effected, the Board will select a representative protestant or intervenor, or permit all or a portion of the group to testify as time permits or as appropriate under the circumstances.
(g) Supersession. This section supersedes 1 Pa. Code § § 35.23, 35.24, 35.27—35.32 and 35.35—35.41 (relating to protests; intervention; and answers).
Authority The provisions of this § 17.13 amended under section 207(i) of the Liquor Code (47 P. S. § 2-207(i)).
Source The provisions of this § 17.13 adopted December 27, 1991, effective December 28, 1991, 21 Pa.B. 5935; amended March 5, 2010, effective March 6, 2010, 40 Pa.B. 1149. Immediately preceding text appears at serial pages (314732) and (325025).
Notes of Decisions Form
A party, who failed to raise an issue in its original protest, waived the issue and could not thereafter raise the issue in a supplemental protest well after the 30-day deadline for filing protests. Pittsburgh Stake of the Church of Jesus Christ of Latter Day Saints v. Liquor Control Board, 617 A.2d 843 (Pa. Cmwlth. 1992).
Petition to Intervene
It was clear to the Liquor Control Board that this was an application for a person-to-person transfer and not an application ‘‘for a new retail liquor license’’ or ‘‘the transfer of’’ a retail liquor license ‘‘to a premises not then licensed.’’ This being so, the protestants under Board rules, which it ignored, were required to petition to intervene consistent with the requisites set forth in § 17.13. The record is devoid of any petitions to intervene being filed by these protestors; thus, the participation of the protestants in the hearing before the hearing examiner of the Board was not consistent with established published procedures of the Board and they should not have been permitted to participate as parties. Arrington v. Liquor Control Board, 667 A.2d 439 (Pa. Cmwlth. 1995).
Cross References This section cited in 40 Pa. Code § 7.63 (relating to municipal standing before the Board); and 40 Pa. Code § 17.11 (relating to license application protests).
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