Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter B - HEARINGS AND CONFERENCES › PREHEARING CONFERENCES › Section 35.113 - Initiation of conferences

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 agency head or the presiding officer, with or without motion, and after
					 consideration of the probability of beneficial results to be derived therefrom,
					 may direct that a conference be held, and direct the parties to the proceeding,
					 the staff of the agency and staff counsel to appear thereat to consider the
					 matters enumerated in §
											35.112 (relating to conferences to
					 expedite hearings). Due notice of the time and place of the conference shall be
					 given to all parties to the proceeding, the staff of the agency and staff
					 counsel.
(b) Parties will be
					 expected to come to the conference fully prepared for a useful discussion of
					 problems involved in the proceeding, both procedural and substantive, and fully
					 authorized to make commitments with respect thereto. The preparation should
					 include, among other things, advance study of relevant material, and advance
					 informal communication between the participants, including requests for
					 additional data and information, to the extent it appears feasible and
					 desirable. Failure of a participant to attend the conference, after being
					 served with due notice of the time and place thereof, shall constitute a waiver
					 of all objections to the agreements reached, if any, and any order or ruling
					 with respect thereto.
This section cited in 4 Pa. Code §
													105.14d (relating to prehearing
						  conferences); 7 Pa. Code §
													179.60 (relating to prehearing and
						  other conferences); 10 Pa. Code §
													3.10 (relating to prehearing
						  conferences); 16 Pa. Code §
													42.75 (relating to conciliation
						  meetings and prehearing conferences); 22 Pa. Code §
													121.191 (relating to approved
						  lending institutions in Federal Stafford Loan, Federal PLUS Loan and Federal
						  Consolidation Loan Programs); 25 Pa. Code §
													1021.105 (relating to prehearing
						  conferences); 34 Pa. Code §
													131.53a (relating to consolidated
						  hearing procedure); 34 Pa. Code §
													131.57 (relating to compromise and
						  release agreements); 34 Pa. Code §
													131.58 (relating to informal
						  conferences); 34 Pa. Code §
													131.59 (relating to mediation); 34
						  Pa. Code §
													131.59a (relating to voluntary
						  mediation); 34 Pa. Code §
													131.59b (relating to mandatory
						  mediation); 34 Pa. Code §
													131.60 (relating to resolution
						  hearings); 34 Pa. Code §
													131.203 (relating to hearing
						  procedures); 34 Pa. Code §
													131.204 (relating to UEGF subpoenas
						  and interrogatories); 37 Pa. Code §
													171.61 (relating to conciliation
						  conference); 37 Pa. Code §
													171.81 (relating to prehearing
						  conference); 37 Pa. Code §
													197.46 (relating to prehearing
						  conference); 37 Pa. Code §
													197.88 (relating to prehearing
						  conference); 40 Pa. Code §
													15.43 (relating to prehearing
						  memoranda or conferences); 52 Pa. Code §
													5.222 (relating to initiation of
						  prehearing conferences in nonrate proceedings); 52 Pa. Code §
													1005.91 (relating to conferences
						  generally); 58 Pa. Code §
													491a.9 (relating to prehearing and
						  other conferences); and 61 Pa. Code §
													703.21 (relating to prehearing
						  conference).