Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 1301.305 - Review of department actions(a) Any action of the department pursuant to this act shall be effective unless a supersedeas is obtained pursuant to section 1921-A of the act of April 9, 1929 (P.L. 177, No. 175), known as "The Administrative Code of 1929." (b) Any action of the department pursuant to this act shall become a final adjudication and not subject to review unless an appeal is perfected in accordance with section 1921-A of The Administrative Code of 1929. Review shall be limited to the errors of law or other grounds alleged in the appeal. The Environmental Hearing Board shall issue an adjudication affirming the action of the department if the action was authorized by law and the board finds the violations or conditions recited by the department in the notice or order from which the appeal was taken. The board may modify, remand or overrule any action of the department which is inconsistent with law or not supported by the facts on the record as a whole.(c) Any aggrieved party to a proceeding under subsection (a) or (b), including the department, may obtain judicial review of an adjudication.1978, June 23, P.L. 537, No. 93, § 305, effective in 90 days. Affected 1980, Oct. 5, P.L. 693, No. 142, § 312, effective in 60 days.