TITLE 53: INTERGOVERNMENTAL RELATIONS
CHAPTER I: STATE MANDATES BOARD OF APPEALS PART 100 PROCEDURES SECTION 100.50 INITIATION OF APPEAL
Section 100.50 Initiation of Appeal
a) Any local government may appeal to the Board determinations made by a State agency, acting pursuant to Section 8 (c) of the Act.
b) Appeals:
1) Must be submitted to the Board within 60 days following the date of receipt of the determination being appealed;
2) Must be filed on appeal petitions provided by the Board (see Exhibit A).
A) A separate appeal petition must be filed for each mandate and by each local government.
B) The appeal petition must be fully complete.
C) All material must be typewritten and suitable for reproduction.
D) Incomplete appeal petitions will not be accepted for filing or assigned a docket number, but shall be returned with an explanation of the reason for rejection. Such appeals may be refiled within 20 days from the date of return.
3) Must include a copy of the Order or determination of the State agency being appealed;
4) Must include evidence as to the extent to which the mandate has been carried out in an effective and efficient manner and executed without recourse to the standards of staffing or expenditure higher than specified in the mandatory statute if such standards are specified in the statute;
5) Must indicate whether or not a hearing is desired and if so, must indicate the number of witnesses to be called and the expected duration of the direct testimony. If no hearing is requested by the Petitioner and the Petitioner later finds that a hearing has been requested, Petitioner must within 14 days supplement the appeal petition with this information.
6) Must be verified under oath. |