Section 433.1. Failure to initiate disincorporation.
(a) Conditions prior to determination.--The secretary shall issue a determination under subsection (b) within 30 days of either:
(1) the final day for filing a petition under section 432(b), if judicial review under section 433 has not been initiated; or
(2) a final adjudication pursuant to a hearing held under section 433 finding that the municipality should continue to exist as a separate municipal corporation because of a reasonable expectation that the municipality is viable.
(b) Determination.--The secretary shall determine whether:
(1) the recovery plan for the municipality shall remain in effect subject to the limitations of Subchapter C.1 of Chapter 2 and, if the coordinator has previously issued a report pursuant to section 255, the secretary shall direct the coordinator to prepare an exit plan according to section 256;
(2) the elected and appointed officials of the municipality have demonstrated a failure to adequately implement recovery measures and, if so, request a determination of a fiscal emergency in accordance with Chapter 6;
(3) conditions within the municipality warrant a termination in status in accordance with section 255.1; or
(4) conditions as set forth in section 261 exist and, if so, that the governing body should initiate proceedings for Federal debt readjustment under Subchapter D of Chapter 2.
(431.1 added Oct. 31, 2014, P.L.2983, No.199)