Pennsylvania Administrative Code

§ 130f.41. Denial, suspension and revocation of certificates. (a) The Department may, after notice, including a statement of the reason therefore, deny, suspend or revoke a commercial, public or individual odor management specialist certification for any of the following: (1) A v…

PRELIMINARY PROVISIONS § 131.1. Scope. (a) This chapter governs the practice and procedure before the Department in adjudicatory proceedings relating to matters within the jurisdiction of the Department. (b) This chapter is not applicable to a proceeding to the extent that the ap…

GENERAL PROVISIONS § 131.11. Time. (a) Appeals, briefs, notices and other documents required or permitted to be filed under this chapter shall be received by the Secretary within the time limits, if any, for the filing. The date of receipt by the Secretary and not the date of dep…

§ 131.12. Appearances. (a) A party may appear in his own behalf or may be represented by an attorney at law admitted to practice before the Supreme Court of Pennsylvania. In appropriate circumstances, the Secretary may require that a party be represented by an attorney. (b) In th…

§ 131.13. Service. (a) Notices and other documents shall be served upon the person designated in the notice of appearance and shall be served by mail, in which case, unless provided otherwise in this chapter, the date of service shall be the day of deposit in the United States ma…

§ 131.14. Interveners. (a) Petitions for leave to intervene in a proceeding before the Secretary shall be filed prior to initial presentation of evidence in the proceeding and shall set forth the specific grounds for the proposed intervention, the position and interest of the pet…

§ 131.15. Subpoenas. (a) Upon request, the Secretary will provide to the parties subpoenas for the attendance of witnesses or for the production of documentary evidence which will be served in the same manner as notices and other documents. (b) Compliance with subpoenas may be ex…

§ 131.16. Supersedeas. (a) An appeal or other proceeding before the Secretary does not act as a supersedeas to the action of the Department unless granted by the Department or the Secretary. (b) A petition for supersedeas may be filed with the Secretary at any time during the pro…

§ 131.17. Docket. (a) The Secretary will maintain a docket of proceedings and each proceeding as initiated will be assigned an appropriate designation. (b) The docket shall be available for inspection and copying by the public during regular office hours of the office of the Secr…

§ 131.2. Definitions. The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Action—An order, decree, decision, determination or ruling by the Department affecting personal or property rights, privile…

INSTITUTION OF PROCEEDINGS § 131.21. Appeals. (a) Actions taken by a subordinate officer under authority delegated by the Secretary may be appealed to the Secretary by filing a written appeal within 15 days from the date of service of notice of the action. (b) The appeal shall se…

§ 131.22. Special actions. (a) In cases where the Department chooses or is required to take or request action after hearing or an opportunity for a hearing, it may initiate or request the action by filing a verified complaint or petition with the Secretary and serve a copy of the…

HEARINGS AND CONFERENCES § 131.31. Conferences. (a) The Secretary, on his own motion or on motion of a party, may hold a conference either prior to or during a hearing for the purpose of considering offers of settlement, adjustment of the proceeding or an issue therein, or other …

§ 131.32. Hearings. (a) When the proceedings are at issue and hearing is required, a formal evidentiary hearing shall be scheduled and a notice of hearing shall be sent to all parties to the proceedings. Unless ordered otherwise hearings shall be held in Harrisburg. (b) The Secre…

§ 131.33. Evidence. (a) Parties shall have the right of presentation of evidence, cross-examination, objection, motion and argument. The Secretary will not be bound by technical rules of evidence but relevant and material evidence of reasonable probative value shall be admissible…

§ 131.34. Briefs, suggested findings. (a) The parties may, and upon request shall, submit briefs within the time the Secretary prescribes and shall serve a copy of the brief on the other parties. (b) Upon request, the parties shall submit suggested findings of fact, with referenc…

§ 131.35. Transcript. (a) Hearings shall be stenographically reported and a transcript of the report shall be a part of the record. (b) Parties desiring copies of the transcript shall obtain the copies from the official reporter. Parties shall also have the opportunity to review …

§ 131.36. Adjudication. (a) At the conclusion of the proceedings, the Secretary will issue an adjudication containing findings of fact, conclusions of law and an order. (b) The Secretary will serve a copy of the adjudication on all parties to the proceedings or their representati…

§ 133.1. Introduction and definitions. (a) The Commissions have authority to issue licenses to conduct horse race meetings. (b) Any corporation may apply for a license to conduct horse race meetings at which pari-mutuel wagering is permitted. (c) Applicants should be aware that t…

§ 133.2. Eligibility. Any corporation is eligible to apply for an available license under this chapter.

§ 133.3. Application requirements. The following procedures and requirements are established for license applications: (1) Applications shall be submitted using the Commission’s application form. (2) Applications shall be submitted by the application closing date, which is publis…

§ 133.4. Application Notice. The Application Notice to be published under § 133.3 (relating to application requirements) shall be in substantially the following form: NOTICE PROCEDURES FOR NEW OR AMENDED PARI-MUTUELLICENSE APPLICATIONS PREMISES 1. LICENSE REQUIRED FOR ALL HORSE R…

§ 133.5. Procedure. (a) All applications received by the application closing date set forth in the Application Notice shall be placed into a single group for comparative consideration by each respective Commission. (b) No license will be issued until all applications in the respe…

§ 133.6. Public hearing and public comment. (a) Upon the filing of an application by a corporation, and after the application closing date, the Commission will place the following notice or a similar notice in a newspaper of general circulation in the county in which the facility…

§ 133.7. Contact information. Inquiries shall be directed to one of the following: (1) State Harness Racing Commission c/o Executive Secretary Agriculture Building, Room 301 2301 North Cameron Street Harrisburg, Pennsylvania 17110 (2) State Horse Racing Commission c/o Executive S…

§ 136.1. Definitions. The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise. Act—The act of May 28, 1976 (P. L. 148, No. 71) (53 P. S. § § 1241—1243). Agricultural commodity—An agricultural, horticult…

§ 136.2. General provisions. (a) The owner of land certified by the Secretary as land primarily devoted to agricultural use or as land devoted to cemetery use is not liable for the cost of the installation of water or sewer lines so long as the landowner does not use the lines an…

§ 136.3. Eligibility requirements for agricultural use. (a) If the land is more than 10 contiguous acres, it is eligible if it is presently devoted to agricultural use and was devoted to such use for 3 years prior to the installation of water or sewer lines and up until the prese…

§ 136.4. Eligibility requirements for cemetery use. The land is eligible if it is presently devoted to or being held for cemetery use and was devoted to such use for 3 years prior to the installation of water or sewer lines and up until the present time. Source The provisions of …

§ 136.5. Application procedures. (a) Application forms for certification of agricultural or cemetery land are available from the Department. (b) The landowner shall have received a notice of an assessment for water or sewer lines in a right-of-way fronting on or crossing the land…

§ 136.6. Duties of the landowner. (a) The landowner shall complete the application and submit it to the Department along with the required documentation. (b) If the land is certified by the Secretary, the landowner shall submit one copy of the certification to the assessing autho…

§ 136.7. Duties of the Department. (a) The Department will provide the application forms. (b) The Department will ensure that the application is properly completed and executed with a notarized signature of the landowner. (c) An agent of the Department will conduct an on-site ins…

§ 136.8. Duties of the assessing authority. (a) The assessing authority shall not hold the owner of certified land liable for the cost of installation of water or sewer lines so long as the landowner does not use the lines and the land continues to be devoted to agricultural or c…

§ 136.9. Appeals procedure. (a) The applicant or the assessing authority shall have the right of appeal from the certification or noncertification by the Department. This appeal must be in writing to the Secretary, and it must be filed within 30 days of the notice of action by th…

GENERAL PROVISIONS § 137b.1. Purpose. (a) This chapter establishes procedures necessary for the uniform Statewide implementation of the act. The act provides for land devoted to agricultural use, agricultural reserve use or forest reserve use to be assessed at the value it has fo…

DUTIES OF COUNTY ASSESSOR § 137b.101. General. A county assessor shall perform all the duties prescribed by the act and this chapter. The county assessor has the major responsibility for administration of the act.

§ 137b.102. Recordkeeping. A county assessor shall indicate on property record cards, assessment rolls and any other appropriate records the base year fair market value, the use value, the normal assessment and the preferential assessment of all tracts of enrolled land.

§ 137b.103. Recording approved applications. A county assessor shall record any approved application in the office of the recorder of deeds in the county where the land is preferentially assessed.

§ 137b.104. Determining total use value. A county assessor shall determine the total use value for all enrolled land. The contributory value of farm buildings shall be used in determining the total use value.

§ 137b.105. Annual update of records. A county assessor shall, at least on an annual basis, update property record cards, assessment rolls and any other appropriate records to reflect all changes in the fair market value, the use value, the normal assessment and the preferential …

§ 137b.106. Notification of change in preferential assessment status. A county assessor shall provide the owner of enrolled land and the taxing bodies of the district in which the land is situated with written notice of an approval, termination or change with respect to preferent…

§ 137b.107. Notification of change in factors affecting total assessment. A county assessor shall provide the owner of enrolled land and the taxing bodies of the district in which the land is situated with written notice of any change in the base year fair market value, the norma…

§ 137b.108. Adjusting records to reflect split-off, separation or transfer. (a) A county assessor shall adjust an approved and recorded application for preferential assessment under the act to reflect a change when an owner of enrolled land changes enrollment status as a result o…

§ 137b.109. Enforcement and evidence gathering. The evidentiary burden shall be on a county assessor to produce evidence demonstrating that a split-off tract is actively being used in a manner which is inconsistent with residential use, agricultural use, agricultural reserve or f…

ELIGIBLE LAND § 137b.11. General. Three types of land are eligible for preferential assessment under the act. (1) Land in agricultural use. (2) Land in agricultural reserve. (3) Land in forest reserve.

§ 137b.110. Assessment of roll-back taxes. A county assessor shall calculate, assess and file claims with the county’s tax claim bureau for roll-back taxes and interest owed under the act.

§ 137b.111. Record of tax millage. A county assessor shall maintain a permanent record of the tax millage levied by each of the taxing authorities in the county for each tax year.