| (a) A necessary party may file an exception or exceptions to the survey or to the vacancy application within sixty (60) days of the date of the notice of vacancy application from the agency, or within thirty (30) days of the date of notice of an appointed surveyor's report under §13.47 of this title (relating to Appointed Surveyor's Report). The exceptor must send a copy of the exception to each necessary party that requested continuation of notices by regular mail and by certified mail, return receipt requested. (b) The agency shall provide a written list of all necessary parties to the vacancy application and their contact information to any necessary party upon written request. (c) An exception will be accepted for filing if it includes the following documentation: (1) the GLO file number, the name of the applicant, and the name of the county stated in the vacancy application; (2) a statement of the legal and factual basis for each exception; and (3) a statement certifying that a copy of the exception or exceptions has been sent by regular mail and by certified mail, return receipt requested, to each necessary party to the vacancy. (d) Exceptions shall clearly identify the corner, course, distance or other relevant factor that is being challenged. The exceptions shall also reference the legal or other expert authorities relied upon to support the challenges to the survey. (e) The failure of a party to file exceptions to a survey will not be considered as agreement with or acquiescence in any survey purporting to show the existence of a vacancy. The commissioner will not consider the failure to file exceptions when deciding whether a vacancy exists. (f) If additional necessary parties are identified after the exceptor has sent copies of the exception or exceptions to the then-identified necessary parties, the agency shall include a copy of the exception in its notice of vacancy application to each additional necessary party. |
