Section 11701.203 - Procedure for determination(a)Request.--A party with standing under section 202 may request the secretary, on a form supplied by the department, to determine that the municipality involved is a financially distressed municipality. The request shall be signed by the requesting party, and it shall be sealed and duly notarized. The request shall:(1) Allege the requesting party has standing to bring a determination of the distress.(2) State why the requesting party believes the municipality is distressed under section 201.(3) Include a listing of judgments recorded against the municipality.(4) Include any other material allegation justifying the relief afforded by this act.(5) If the requesting party is a municipality, the request may include a statement indicating why the requesting party believes manifestation of section 201 criteria is imminent and inevitable. This statement may be in lieu of the statement required under paragraph (2).(a.1)Petitions.--If a request is made under section 202(4), (5) or (6), the following procedure shall be used: (1) The procedure set forth in subsection (a).(2) Evidence that the required number of persons in the class concurs with the requesting party shall be obtained by circulating a petition or petitions to get the signatures and addresses of those in concurrence.(i) A party who requests the determination of financial distress of a municipality shall be responsible for circulating this petition.(ii) If the petition must be longer than one page in order to obtain the requisite number of signatures and addresses, the requesting party may enlist petition circulators to assist; however, each circulator shall attest in writing to the accuracy of the signatures and addresses obtained and the method used to obtain them. This attestation shall be affixed to the sheet or sheets circulated by that person and returned to the requesting party.(iii) The requesting party shall staple all attestations and petition sheets together into a single packet, making sure that the attestation sheet and its respective petition sheets are placed together. Each packet shall clearly indicate whether the petition is filed under section 202(4), (5) or (6). The requesting party shall file this packet with the determination request.(iv) Those who may sign a petition are limited to the members of the class seeking the request.(v) A petition or separate sheet of a multiple-sheet petition may not be circulated unless it clearly states on its face that the signatories concur in the request for a determination.(b)Hearing.--Within ten days of receiving a request, the secretary shall set a time and place for a public hearing which shall be scheduled to be held on a date at least two weeks but not more than 30 days later within the county of the subject municipality.(c)Investigation.--After receiving the request but before the public hearing, the secretary may make an investigation into the financial affairs of the municipality. The results of the investigation or any study previously conducted by the department or with department funds under Chapter 1-A or section 121 shall be placed in the record of the public hearing.(d)Notice.--The secretary shall publish notice of the hearing in accordance with the act of July 3, 1986 (P.L. 388, No. 84), known as the Sunshine Act, at least once in a newspaper with general circulation in the subject municipality and shall give written notice by certified mail, with return receipt requested, upon the municipal clerk or municipal secretary, the mayor, the municipal solicitor, each member of the governing body of the municipality and the petitioner.(e)Hearing officer.--The secretary or an official of the department designated by the secretary shall conduct the public hearing to hear testimony of the requesting party and other interested persons.(f)Determination.--Within 30 days after the hearing, the secretary shall issue an administrative determination of whether the municipality is financially distressed and reasons for the determination.(g)Appeal.--A determination by the secretary under this section is appealable pursuant to 2 Pa.C.S. Ch. 7 Subch. A (relating to judicial review of Commonwealth agency action). 1987, July 10, P.L. 246, No. 47, § 203, effective in 60 days. Amended 1992, June 30, P.L. 336, No. 69, § 1, imd. effective; 2014, Oct. 31, P.L. 2983, No. 199, § 8, effective in 60 days [Dec. 30, 2014].