40 Pa. Code § 17.31 - Supersedeas
(a) An appeal from
a decision of an ALJ does not act as an automatic supersedeas if the licensee
has been found to have committed one or more of the special violations of
section 471 of the Liquor Code (47 P. S. §
4-471), unless the Board, upon sufficient
cause shown, determines otherwise.
(b) A completed application for supersedeas
in decisions involving special violations shall be filed concurrent with the
appeal but the Board will not consider an application for supersedeas filed
more than 30 days after the mailing date of the opinion and adjudication of the
ALJ, unless good cause is shown. The application for supersedeas shall be in
the form prescribed by the Board and shall list each reason which would
demonstrate to the Board that sufficient cause exists for the Board to grant
the supersedeas.
(c) When a
licensee files a timely appeal from a decision of the ALJ wherein the licensee
is found to have committed one or more standard violations, penalties imposed
only for standard violations shall be subject to an automatic supersedeas
pending the Board's determination of the appeal unless, upon sufficient cause
shown, the Board determines otherwise.
(d) The Bureau may apply to the Board to
remove a supersedeas. The Bureau shall set forth in numbered paragraphs reasons
which demonstrate that sufficient cause exists to remove the supersedeas. An
immediate hearing may be scheduled.
(e) Within 10 days of the mailing date of the
Board's notice that an application, whether for supersedeas or its removal, has
been filed, a response may be filed by the Bureau.
Notes
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