reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › DOCUMENTARY FILINGS › FILING AND SERVICE OF DOCUMENTS › Section 1021.36a - E-mail addresses

Current through Register Vol. 54, No. 28, July 13, 2024
A registered user shall maintain an active e-mail address
						to receive electronic notice and electronic service from the electronic filing
						provider. A registered user has a duty to promptly update his e-mail account
						information with the electronic filing provider when there is a change in
						e-mail address.
The provisions of this §
													1021.36a issued under section 5 of
						  the Environmental Hearing Board Act (35 P.S. §
														7515).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › DOCUMENTARY FILINGS › FILING AND SERVICE OF DOCUMENTS › Section 1021.37 - Number of copies

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When a
					 document is electronically filed, the filer shall electronically file one copy
					 of the document.
(b) For
					 conventional filings and hard copies mailed to the Board in association with a
					 facsimile filing, one original shall be filed unless the Board orders
					 otherwise.
(c) One copy of all
					 documents submitted to the Board shall be served on the other parties to the
					 proceeding.
The provisions of this §
													1021.37 amended under section 5 of
						  the Environmental Hearing Board Act (35 P.S. §
														7515).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › DOCUMENTARY FILINGS › FILING AND SERVICE OF DOCUMENTS › Section 1021.38 - Publication of notice

Current through Register Vol. 54, No. 28, July 13, 2024
Publication of a notice of action or proposed action by
						the Department or Board in the
Pennsylvania Bulletin
shall
						constitute notice to or service upon all persons, except a party, effective as
						of the date of publication.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › DOCUMENTARY FILINGS › FILING AND SERVICE OF DOCUMENTS › Section 1021.39 - Docket

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Board will
					 maintain a docket of proceedings and a proceeding as initiated will be assigned
					 an appropriate designation. The Board will maintain the docket on its web site
					 available to all members of the public and will accept electronic filing of
					 documents from registered users subject to the provisions in this
					 chapter.
(b) The docket will
					 register the date of all filings. When a document is filed electronically, the
					 electronic filing provider will transmit a notice of the electronic filing to
					 all registered users in the proceeding, which includes the date and time of the
					 filing.
(c) The Board will maintain
					 a complete official file on all proceedings consisting of electronic and hard
					 copy filings. The official copy of an electronically filed document or Board
					 order shall be that appearing on the Board's web site.
(d) The electronic docket will be available
					 on the Board's web site and the hard copy portion of the official file shall be
					 available for inspection and copying by the public during the office hours of
					 the Board insofar as consistent with the proper discharge of the duties of the
					 Board.
(e) Subsections (a)-(d)
					 supersede 1 Pa. Code §
											33.51 (relating to
					 docket).
The provisions of this §
													1021.39 amdended under section 5
						  of the Environmental Hearing Board Act (35 P.S. §
														7515).
This section cited in 25 Pa. Code §
													1021.125 (relating to official
						  notice of facts); and 25 Pa. Code §
													1021.201 (relating to composition
						  of the certified record on appeal to Commonwealth
						  Court).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › FORMAL PROCEEDINGS › APPEALS › Section 1021.52 - Timeliness of appeal

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as
					 specifically provided in §
											1021.53 (relating to amendments to
					 appeal or complaint), jurisdiction of the Board will not attach to an appeal
					 from an action of the Department unless the appeal is in writing and is filed
					 with the Board in a timely manner, as follows, unless a different time is
					 provided by statute:
(1) The person to whom
					 the action of the Department is directed or issued shall file its appeal with
					 the Board within 30 days after it has received written notice of the
					 action.
(2) Any other person
					 aggrieved by an action of the Department shall file its appeal with the Board
					 within one of the following:
(i) Thirty days
					 after the notice of the action has been published in the
Pennsylvania
					 Bulletin
.
(ii) Thirty days
					 after actual notice of the action if a notice of the action is not published in
					 the
Pennsylvania Bulletin
.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › FORMAL PROCEEDINGS › APPEALS › Section 1021.53 - Amendments to appeal or complaint

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An appeal or complaint may be amended as
					 of right within 20 days after the filing thereof.
(b) After the 20-day period for amendment as
					 of right, the Board, upon motion by the appellant or complainant, may grant
					 leave for further amendment of the appeal or complaint. This leave may be
					 granted if no undue prejudice will result to the opposing parties. The burden
					 of proving that no undue prejudice will result to the opposing parties is on
					 the party requesting the amendment.
(c) These motions shall be governed by the
					 procedures in §§
											1021.91 and
					 1021.95 (relating to general; and
					 miscellaneous motions) except that the motion shall be verified and supported
					 by affidavits.
(d) If motion to
					 amend is granted, a party may request, in writing, a period of time to conduct
					 additional discovery limited to the issues raised by the amendment. These
					 requests shall specify a period deemed necessary therefor. The Board will act
					 on any such request as its discretion requires.
(e) Subsections (a)-(d) supersede 1 Pa. Code
					 §§
											35.5-35.7 and
					 35.9-35.11 (relating to informal
					 complaints; and formal complaints).
This section cited in 25 Pa. Code §
													1021.52 (relating to timeliness of
						  appeal); and 25 Pa. Code §
													1021.83 (relating to substitution
						  of parties).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › FORMAL PROCEEDINGS › APPEALS › Section 1021.53a - Nunc pro tunc appeals

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Board
					 upon written request and for good cause shown may grant leave for the filing of
					 an appeal nunc pro tunc; the standards applicable to what constitutes good
					 cause shall be the common law standards applicable in analogous cases in courts
					 of common pleas in this Commonwealth.
(b) A person seeking to appeal nunc pro tunc
					 shall file a petition to appeal nunc pro tunc. If filed after a dispositive
					 motion that seeks to dismiss an appeal as untimely, the filing of the petition
					 stays the deadlines for filing a response or reply concerning the motion. The
					 Board will issue deadlines for filing a response and reply if the Board grants
					 the petition and the dispositive motion addresses issues in addition to
					 untimeliness.
(c) The petition to
					 appeal nunc pro tunc shall comply with the requirements set forth for "motions"
					 under §
											1021.91 (relating to general),
					 and, in addition, shall include the following:
(1) The specific facts that the potential
					 appellant would attempt to prove at hearing to show that nunc pro tunc relief
					 is warranted.
(2) The specific
					 facts that the potential appellant would attempt to prove showing that it acted
					 promptly in seeking nunc pro tunc relief.
(3) Copies of all documents and a list of all
					 witnesses that the potential appellant relies upon in support of the petition
					 to appeal nunc pro tunc.
(4) Legal
					 authority and theories the potential appellant relies upon in seeking nunc pro
					 tunc relief.
(5) A sworn affidavit
					 of the person or persons having knowledge of the facts that the facts are
					 verified as true and correct, or an unsworn written statement of the person or
					 persons, that the facts are verified as true and correct subject to the
					 penalties for unsworn falsification to authorities, under
					 18 Pa.C.S. §
													4904
					 (relating to unsworn falsification to authorities).
(6) If the petition to appeal nunc pro tunc
					 is not supported by an affidavit or verification as set forth in paragraph (5),
					 an explanation of why the affidavit or verification was omitted.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › FORMAL PROCEEDINGS › APPEALS › Section 1021.54a - Prepayment of penalties

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When
					 an appeal is from the assessment of a civil penalty for which the statute
					 requires an appellant to prepay the penalty or post a bond with the Department,
					 the appellant shall submit to the Office of Chief Counsel of the Department a
					 check in the amount of the penalty or an appropriate bond securing payment of
					 the penalty or a verified statement that the appellant is unable to
					 pay.
(b) When an appeal is from the
					 assessment of a civil penalty for which the statute requires an appellant to
					 prepay the penalty or post a bond with the Board, the appellant shall submit to
					 the Board a check in the amount of the penalty or an appropriate bond securing
					 payment of the penalty or a verified statement that the appellant is unable to
					 pay.
(c) If a civil penalty is
					 assessed under more than one statute, an appellant shall follow the procedures
					 set forth in each statute.
(d) When
					 an appellant submits a verified statement of inability to prepay, under
					 subsection (a) or (b), a copy of the verified statement shall be included with
					 the notice of appeal.
This section cited in 25 Pa. Code §
													1021.51 (relating to commencement,
						  form and content); 25 Pa. Code §
													1021.55 (relating to hearing on
						  inability to prepay penalty).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › FORMAL PROCEEDINGS › APPEALS › Section 1021.55 - Hearing on inability to prepay penalty

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If an appellant submits a verified
					 statement that he is unable to pay in accordance with §
											1021.54a(c)
					 (relating to prepayment of penalties), the Board may schedule a hearing on the
					 validity of this claim and may require the appellant to supply appropriate
					 financial information to the Department in advance of the hearing.
(b) If the Board determines that the
					 appellant is able to prepay the penalty assessed or post a bond the Board will
					 order the appellant to do so, within a period not to exceed 30 days.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › FORMAL PROCEEDINGS › SUPERSEDEAS › Section 1021.61 - General

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A petition for
					 supersedeas under section 4(d) of the act (35 P. S. §
												7514(d)) may be filed at any
					 time during the proceeding.
(b) The
					 Board will not issue a supersedeas without a hearing, but a hearing may be
					 limited under subsection (d).
(c) A
					 hearing on a supersedeas, if necessary, shall be held expeditiously-if feasible
					 within 2 weeks of the filing of the petition-taking into account the available
					 time of a Board member or hearing examiner, and taking into account the urgency
					 and seriousness of the environmental or other problem to which the order or
					 action of the Department applies. If good cause is shown, the hearing shall be
					 held as soon as possible after the filing of the petition.
(d) At the discretion of the Board, if
					 necessary to ensure prompt disposition, supersedeas hearings may be limited in
					 time and format, with parties given a fixed amount of time to present their
					 entire case, and with restricted rights of discovery, cross-examination or
					 reopening the record in accordance with §
											1021.133 (relating to reopening of
					 record prior to adjudication).
(e)
					 Under 1021.161 (relating to sanctions),
					 the Board may impose costs or other appropriate sanctions on parties or
					 attorneys who, in the Board's opinion, have filed requests for supersedeas in
					 bad faith or on frivolous grounds.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › FORMAL PROCEEDINGS › SUPERSEDEAS › Section 1021.62 - Contents of petition for supersedeas

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A petition for supersedeas shall plead
					 facts with particularity and shall be supported by one of the following:
(1) Affidavits, prepared as specified in
					 Pa.R.C.P. 76 and 1035.4 (relating to definitions; and motion for summary
					 judgment), setting forth facts upon which issuance of the supersedeas may
					 depend.
(2) An explanation of why
					 affidavits have not accompanied the petition if no supporting affidavits are
					 submitted with the petition for supersedeas.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › FORMAL PROCEEDINGS › SUPERSEDEAS › Section 1021.63 - Circumstances affecting grant or denial

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Board, in granting or denying a
					 supersedeas, will be guided by relevant judicial precedent and the Board's own
					 precedent. Among the factors to be considered:
(1) Irreparable harm to the
					 petitioner.
(2) The likelihood of
					 the petitioner prevailing on the merits.
(3) The likelihood of injury to the public or
					 other parties in the case.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › FORMAL PROCEEDINGS › SUPERSEDEAS › Section 1021.64 - Temporary supersedeas

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
					 application for temporary supersedeas may be filed when a party may suffer
					 immediate and irreparable injury before the Board can conduct a hearing on a
					 petition for supersedeas.
(b) The
					 application for temporary supersedeas shall be accompanied by a petition for
					 supersedeas which comports with §
											1021.62 (relating to contents of
					 petitions for supersedeas).
(c) The
					 application for temporary supersedeas and accompanying petition for supersedeas
					 shall:
(1) Be served upon the office of the
					 Department which issued notice of the action the applicant seeks to supersede
					 and upon the Department's Office of Chief Counsel.
(2) Include a proof of service in accordance
					 with Pa.R.A.P. 122 (relating to content and form of proof of
					 services).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › FORMAL PROCEEDINGS › SUPERSEDEAS › Section 1021.70 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
This section cited in 25 Pa. Code §
													1021.53 (relating to amendments to
						  appeal; nunc pro tunc appeals).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › FORMAL PROCEEDINGS › SPECIAL ACTIONS › Section 1021.71 - Complaints filed by the Department

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When authorized by statute the Department
					 may commence the action by filing a complaint or petition and a notice of a
					 right to respond. The action is commenced when the complaint or petition is
					 filed with the Board.
(b) Service
					 of the complaint or petition shall be by personal service or by certified or
					 registered mail. In the instance of mail, service shall be complete upon
					 delivery. Service of all other documents shall be made in accordance with
					 §
											1021.34 (relating to service by
					 party).
(c) The complaint shall set
					 forth the statutory authority under which the Board is authorized to act and
					 shall set forth in separate numbered paragraphs the specific facts and
					 circumstances upon which the request for action is based.
(d) The notice of a right to respond or
					 defend shall conform to the following:
[Case Caption]
NOTICE
If you wish to defend against the claims set forth in the
						following pages, you must take action within thirty (30) days after this
						complaint and notice are served by entering a written appearance personally or
						by attorney and filing in writing with the Board your answers, defenses or
						objections to the claims set forth against you. You are warned that if you fail
						to do so the case may proceed without you and a judgment may be entered against
						you by the Board without further notice for any claim or relief requested by
						the Department.
You should take this paper to your lawyer at once. If you
						do not have a lawyer or cannot afford one, contact the Secretary to the Board
						at (717) 787-3483.
(e)
					 Subsections (a)-(d) supersede 1 Pa. Code §§
											35.5-35.7 and
					 35.9-35.11 (relating to informal
					 complaints; and formal complaints).
This section cited in 25 Pa. Code §
													1021.2 (relating to definitions);
						  25 Pa. Code §
													1021.34 (relating to service by a
						  party); and 25 Pa. Code §
													1021.74a (relating to verification
						  of pleadings).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › FORMAL PROCEEDINGS › SPECIAL ACTIONS › Section 1021.72 - Complaints filed by other persons

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When authorized by statute, a person may
					 institute an action against the Department by filing a complaint.
(b) Service of the complaint or petition
					 shall be by personal service or by certified or registered mail. In the
					 instance of mail, service shall be complete upon delivery. Service of all other
					 documents shall be made in accordance with §
											1021.34 (relating to service by a
					 party).
(c) The complaint shall set
					 forth the statutory authority under which the Board is authorized to act and
					 shall set forth in separate numbered paragraphs the specific facts and
					 circumstances upon which the request for action is based.
(d) Subsections (a)-(c) supersede 1 Pa. Code
					 §§
											35.5-35.7 and
					 35.9-35.11 (relating to informal
					 complaints; and formal complaints).
This section cited in 25 Pa. Code §
													1021.2 (relating to definitions);
						  and 25 Pa. Code §
													1021.74a (relating to verification
						  of pleadings).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › FORMAL PROCEEDINGS › SPECIAL ACTIONS › Section 1021.73 - Transferred matters

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This rule
					 addresses matters transferred to the Board from a court.
(b) Within the 30-day time period directed by
					 the Board, the party who initiated the transferred action shall file a
					 complaint with the Board.
(c)
					 Service of the complaint or petition shall be by personal service or by
					 certified or registered mail. In the instance of mail, service shall be
					 complete upon delivery. Service of all other documents shall be made in
					 accordance with §
											1021.34 (relating to service by a
					 party).
(d) The complaint shall set
					 forth in separate numbered paragraphs the specific facts and circumstances upon
					 which the request for relief is based.
(e) Subsections (a)-(d) supersede 1 Pa. Code
					 §
											35.5-35.7 and
					 35.9-35.11 (relating to informal
					 complaints; and formal complaints).
This section cited in 25 Pa. Code §
													1021.2 (relating to definitions);
						  and 25 Pa. Code §
													1021.74a (relating to verification
						  of pleadings).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › FORMAL PROCEEDINGS › SPECIAL ACTIONS › Section 1021.74 - Answers to complaints

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Answers to complaints shall be filed with the Board within 30 days after the
					 date of service of the complaint, unless for cause the Board, with or without
					 motion, prescribes a different time. An answer will not be required in less
					 than 10 days after date of service.
(b) Answers to complaints shall set forth any
					 legal objections as well as any denial of facts, in a single
					 pleading.
(c) Answers shall be in
					 writing and so drawn as to fully and completely advise the parties and the
					 Board as to the nature of the defense, including affirmative defenses. Answers
					 shall admit or deny specifically and in detail each material allegation of the
					 complaint and state clearly and concisely the facts and matters of law relied
					 upon.
(d) A defendant failing to
					 file an answer within the prescribed time shall be deemed in default and, upon
					 motion made as set forth in §
											1021.76a (relating to entry of
					 default judgment), all relevant facts in the complaint may be deemed admitted
					 and default judgment may be entered. Further, the Board may impose any other
					 sanctions for failure to file an answer in accordance with §
											1021.161 (relating to
					 sanctions).
(e) No new matter or
					 preliminary objections shall be filed.
(f) Subsections (a)-(e) supersede 1 Pa. Code
					 §§
											35.5-35.7 and
					 35.35 (relating to informal
					 complaints; and answers to complaints and petitions).
This section cited in 25 Pa. Code §
													1021.2 (relating to definitions);
						  and 25 Pa. Code §
													1021.74a (relating to verification
						  of pleadings).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › FORMAL PROCEEDINGS › SPECIAL ACTIONS › Section 1021.74a - Verification of pleadings

Current through Register Vol. 54, No. 28, July 13, 2024
Pleadings authorized under §§
											1021.71-1021.74 shall be verified in
						accordance with Pa.R.C.P. 1024 (relating to verification).
The provisions of this §
													1021.74a issued under section 5 of
						  the Environmental Hearing Board Act (35 P. S. §
														7515).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › FORMAL PROCEEDINGS › SPECIAL ACTIONS › Section 1021.75 - Procedure after an answer is filed

Current through Register Vol. 54, No. 28, July 13, 2024
After an answer is filed the prehearing procedures in
						§
											1021.101 (relating to prehearing
						procedures) shall be followed.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › FORMAL PROCEEDINGS › SPECIAL ACTIONS › Section 1021.76a - Entry of default judgment

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 The Board, on motion of the plaintiff, may enter default judgment against the
					 defendant for failure to file within the required time an answer to a complaint
					 that contains a notice to defend.
(b) The motion for default judgment must
					 contain a certification that the plaintiff served on the defendant a notice of
					 intention to seek default judgment after the date on which the answer to the
					 complaint was due and at least 10 days prior to filing the motion.
(c) The filing of an answer to the complaint
					 by the defendant prior to the filing of a motion for default judgment by the
					 plaintiff shall correct the default.
(d) When default judgment is entered in a
					 matter involving a complaint for civil penalties, the Board may assess civil
					 penalties in the amount of the plaintiff's claim or may assess the amount of
					 the penalty following an evidentiary hearing, as directed by the Board, at
					 which the issues shall be limited to the amount of the civil
					 penalties.
This section cited in 25 Pa. Code §
													1021.74 (relating to answers to
						  complaints).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › FORMAL PROCEEDINGS › CONSOLIDATION, INTERVENTION AND SUBSTITUTION OF PARTIES › Section 1021.81 - Intervention

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person may
					 petition the Board to intervene in any pending matter prior to the initial
					 presentation of evidence.
(b) A
					 petition to intervene shall be verified, and shall contain sufficient factual
					 averments and legal assertions to establish the following:
(1) The reasons the petitioner seeks to
					 intervene.
(2) The basis for
					 asserting that the identified interest is greater than that of the general
					 public.
(3) The manner in which
					 that interest will be affected by the Board's adjudication.
(4) The specific issues upon which the
					 petitioner will offer evidence or legal argument.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › FORMAL PROCEEDINGS › CONSOLIDATION, INTERVENTION AND SUBSTITUTION OF PARTIES › Section 1021.82 - Consolidation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Board, on
					 its own motion or on the motion of any party, may order proceedings involving a
					 common question of law or fact to be consolidated for hearing of any or all of
					 the matters in issue in such proceedings.
(b) Subsection (a) supersedes 1 Pa. Code
					 §
											35.45 (relating to
					 consolidation).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › FORMAL PROCEEDINGS › CONSOLIDATION, INTERVENTION AND SUBSTITUTION OF PARTIES › Section 1021.83 - Substitution of parties

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 person who has succeeded to the interests of a party to an appeal by operation
					 of law, election to public office, appointment or transfer of interest may
					 become a party to the pending action by filing with the Board a verified
					 petition for substitution of party, which includes a statement of material
					 facts upon which the right to substitute is based.
(b) The substituted party shall have all the
					 rights and liabilities of the original party to the proceeding provided that
					 any other party to the proceeding may move to strike the substituted party for
					 just cause. A substituted party-appellant is limited to pursuing only those
					 objections raised by the original appellant in its appeal, unless both the
					 original appellant and the substituted appellant meet the conditions of §
											1021.53(b)(2)
					 (relating to amendments to appeal and complaint).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › FORMAL PROCEEDINGS › MOTIONS › Section 1021.91 - General

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This section
					 applies to all motions except summary judgment motions and those made during
					 the course of a hearing.
(b)
					 Motions and responses shall be in writing, signed by a party or its attorney
					 and shall be accompanied by a proposed order.
(c) A copy of the motion or response shall be
					 served on the opposing party.
(d) A
					 motion shall set forth in numbered paragraphs the facts in support of the
					 motion and the relief requested.
(e) A response to a motion shall set forth in
					 correspondingly-numbered paragraphs all factual disputes and the reason the
					 opposing party objects to the motion. Material facts set forth in a motion that
					 are not denied may be deemed admitted for the purposes of deciding the
					 motion.
(f) For purposes of the
					 relief sought by a motion, the Board will deem a party's failure to respond to
					 a motion to be an admission of all properly-pleaded facts contained in the
					 motion.
(g) The moving party may
					 not file a reply to a response to procedural, discovery or miscellaneous
					 motions, unless the Board orders otherwise.
(h) Subsection (b) supplements 1 Pa. Code
					 §
											33.11 (relating to the execution)
					 and supersedes 1 Pa. Code §
											35.178 (relating to presentation
					 of motions). Subsection (c) supersedes 1 Pa. Code §§
											33.32,
					 33.35 and
					 33.36 (relating to service by a
					 participant; proof of service; and form of certificate of service). Subsections
					 (d)-(f) supersede 1 Pa. Code §§
											35.177 and
					 35.178 (relating to the scope and
					 content of motions; and presentation of motions).
This section cited in 25 Pa. Code §
													1021.53 (relating to amendments to
						  appeal or complaint); 25 Pa. Code §
													1021.53a (relating to nunc pro
						  tunc appeals); 25 Pa. Code §
													1021.133 (relating to reopening of
						  record prior to adjudication); and 25 Pa. Code §
													1021.153 (relating to amendment of
						  interlocutory orders).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › FORMAL PROCEEDINGS › MOTIONS › Section 1021.92 - Procedural motions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This
					 section applies to motions pertaining to the procedural aspects of a case,
					 including motions for continuance, for expedited consideration, for extensions
					 of time in which to file documents and for stay of proceedings.
(b) Procedural motions do not require
					 verification.
(c) Procedural
					 motions shall contain a statement indicating the nonmoving party's position on
					 the relief requested or a statement that the moving party, after a reasonable
					 effort, has been unable to determine the nonmoving party's position.
(d) If all parties consent to the relief
					 requested, the request may be embodied in a letter, provided the letter
					 indicates the consent of the other parties.
(e) Procedural requests, whether in letter or
					 motion form, shall be accompanied by a proposed order.
(f) A response to a procedural motion shall
					 be filed with the Board within 15 days of the date of service of the motion
					 unless otherwise ordered by the Board.
(g) Procedural motions may not be accompanied
					 by supporting memoranda of law unless otherwise ordered by the Board.
(h) Subsection (b) supersedes
					 33.12 (relating to verification).
					 Subsections (c) and (e) supersedes
					 35.177 (relating to the scope and
					 contents of motions). Subsection (d) supersedes
					 35.179 (relating to objections to
					 motions).
This section cited in 25 Pa. Code §
													1021.12 (relating to extensions of
						  time); 25 Pa. Code §
													1021.32 (relating to filing); 25
						  Pa. Code §
													1021.95 (relating to miscellaneous
						  motions); and 25 Pa. Code §
													1021.133 (relating to reopening of
						  record prior to adjudication).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › FORMAL PROCEEDINGS › MOTIONS › Section 1021.93 - Discovery motions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This
					 section applies to motions filed to resolve disputes arising from the conduct
					 of discovery.
(b) A discovery
					 motion may not be filed unless it contains a certification that the movant has
					 in good faith conferred or attempted to confer with the party against whom the
					 motion is directed in an effort to secure the requested discovery without Board
					 action. Discovery motions must contain as exhibits the discovery requests and
					 answers giving rise to the dispute.
(c) Responses to discovery motions shall be
					 filed within 15 days of the date of service of the motion, unless the Board
					 orders otherwise.
(d) A party may
					 file a memorandum of law in support of its discovery motion or its response to
					 a discovery motion. The supporting memorandum of law shall be filed at the same
					 time the motion or response is filed.
(e) Subsection (b) supersedes 1 Pa. Code
					 §
											33.12 (relating to verification).
					 Subsections (b) and (d) supersedes 1 Pa. Code §
											35.177 (relating to the scope and
					 contents of motions). Subsection (c) supersedes 1 Pa. Code §
											35.179 (relating to objections to
					 motions).
This section cited in 25 Pa. Code §
													1021.95 (relating to miscellaneous
						  motions); 25 Pa. Code §
													1021.102 (relating to discovery);
						  and 25 Pa. Code §
													1021.133 (relating to reopening of
						  record prior to adjudication).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › FORMAL PROCEEDINGS › MOTIONS › Section 1021.94a - Summary judgment motions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Rules governing summary judgment motions.
Except as otherwise
					 provided by these rules, motions for summary judgment shall be governed by
					 Pa.R.C.P. Rules 1035.1-1035.5.
(b)
Summary judgment motion record.
(1) A summary judgment motion record must
					 contain the following separate items:
(i) A
					 motion prepared in accordance with subsection (c).
(ii) A statement of undisputed material facts
					 in accordance with subsection (d).
(iii) A supporting brief prepared in
					 accordance with subsection (e).
(iv) The evidentiary materials relied upon by
					 the movant.
(v) A proposed
					 order.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › FORMAL PROCEEDINGS › MOTIONS › Section 1021.95 - Miscellaneous motions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This
					 section applies to a motion not otherwise addressed in §§
											1021.92-1021.94 (relating to procedural
					 motions; discovery motions; and dispositive motions), including a motion in
					 limine, a motion to strike and a motion for recusal.
(b) Miscellaneous motions do not require
					 verification.
(c) Responses to
					 miscellaneous motions shall be filed within 15 days of the date of service of
					 the motion, unless otherwise ordered by the Board.
(d) A memorandum of law in support of a
					 miscellaneous motion or response to a miscellaneous motion shall be filed with
					 the miscellaneous motion or response.
(e) Subsection (b) supersedes 1 Pa. Code
					 §
											33.12 (relating to
					 verification).
This section cited in 25 Pa. Code §
													1021.53 (relating to amendments to
						  appeal or complaint); 25 Pa. Code §
													1021.133 (relating to reopening of
						  record prior to adjudication).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › FORMAL PROCEEDINGS › MOTIONS › Section 1021.96a - Motions for expedited hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A motion for an expedited hearing may be
					 filed at any time in either an appeal or special action, or the Board may order
					 an expedited hearing on its own motion.
(b) The Board may issue an order for an
					 expedited hearing notwithstanding the time requirements contained in a previous
					 order of the Board, the Board's Rules of Practice and Procedure in §
											1021.101 (relating to prehearing
					 procedure), or Title 231 (relating to rules of civil procedure) relating to
					 discovery.
(c) In issuing such an
					 order, the Board will be guided by relevant judicial and Board precedent. Among
					 other factors to be considered:
(1) Whether
					 pollution or injury to the public health, safety or welfare exists or is
					 threatened during the period ordinarily required to complete the
					 proceedings.
(2) Severity of
					 prejudice to any party during the time period ordinarily required to complete
					 the proceedings.
(3) The status of
					 discovery and the realistic need of the parties for extended discovery and for
					 time to prepare for a hearing.
(4)
					 Whether the issuance of such an order would promote judicial economy or would
					 otherwise be in the public interest.
(5) The effect of expedited proceedings on
					 the nonrequesting party.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › FORMAL PROCEEDINGS › MOTIONS › Section 1021.96b - Contents of motion for expedited hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A motion for an expedited hearing must
					 state facts with particularity and be supported by one of the following:
(1) Affidavits based on personal knowledge or
					 experience setting forth facts supporting the issuance of an order for an
					 expedited hearing.
(2) An
					 explanation of why affidavits have not accompanied the motion if no affidavits
					 are submitted with the motion for an expedited hearing.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › FORMAL PROCEEDINGS › MOTIONS › Section 1021.96c - Response to motion for expedited hearing

Current through Register Vol. 54, No. 28, July 13, 2024
A response and supporting memorandum of law shall be
						filed within 10 days of service unless otherwise ordered by the
						Board.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › FORMAL PROCEEDINGS › MOTIONS › Section 1021.96d - Conduct of expedited hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Nothing contained in this rule shall
					 limit the rights of the parties to a full hearing before the Board under the
					 applicable rules of evidence with full rights of cross-examination of
					 witnesses. The Board may limit the number of witnesses or the subjects of
					 examination in order to avoid duplication of evidence as provided in §
											1021.126 (relating to limiting
					 number of witnesses and additional evidence).
(b) Testimony may be submitted by prepared
					 written testimony as provided for under §
											1021.124 (relating to written
					 testimony).
(c) After the
					 conclusion of the hearing, the Board will direct the prompt filing of
					 posthearing briefs.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › FORMAL PROCEEDINGS › PREHEARING PROCEDURES AND PREHEARING CONFERENCES › Section 1021.101 - Prehearing procedure

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon
					 the filing of an appeal, the Board will issue a prehearing order providing
					 that:
(1) All discovery shall be completed no
					 later than 180 days from the date of the prehearing order.
(2) The service of a report of an expert
					 together with a statement of qualifications may be substituted for an answer to
					 expert interrogatories.
(3)
					 Dispositive motions shall be filed within 210 days of the date of the
					 prehearing order.
(4) The parties
					 may, within 60 days of the date of the prehearing order, submit a Joint
					 Proposed Case Management Order to the Board.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › FORMAL PROCEEDINGS › PREHEARING PROCEDURES AND PREHEARING CONFERENCES › Section 1021.102 - Discovery

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as
					 otherwise provided in this chapter or by order of the Board, discovery in
					 proceedings before the Board shall be governed by the Pa.R.C.P. When the term
					 "court" is used in the Pa.R.C.P., "Board" is to be understood; when the terms
					 "prothonotary" or "clerk of court" are used in the Pa.R.C.P., "Secretary to the
					 Board" is to be understood.
(b)
					 Copies of requests for discovery or responses to requests are not to be filed
					 with the Board unless they are necessary for the resolution of a discovery
					 dispute or disposition of a motion pending before the Board.
(c) If a person or party is to be deposed by
					 oral examination more than 100 miles from his or its residence or principal
					 place of business, the Board may, upon motion, order the payment of reasonable
					 expenses, including attorney's fees, as the Board deems proper.
(d) Discovery disputes shall be resolved
					 pursuant to a motion filed in accordance with §
											1021.93 (relating to discovery
					 motions), except that to facilitate the prompt completion of discovery, the
					 Board may hear argument on discovery disputes by telephone conference call at
					 the time the dispute arises and may issue oral rulings which will be later
					 memorialized in written orders.
(e)
					 Subsections (a)-(d) supersede 1 Pa. Code §§
											35.145 -35.152 (relating to
					 depositions).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › FORMAL PROCEEDINGS › PREHEARING PROCEDURES AND PREHEARING CONFERENCES › Section 1021.103 - Subpoenas, notices to attend and notices to produce

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as otherwise provided in this
					 chapter or by order of the Board, requests for subpoenas, subpoenas, notices to
					 attend and notices to produce shall be governed by Pa.R.C.P. 234.1-234.4,
					 234.6-234.9 and 4009.21-4009.27. When the term "court" is used in Pa.R.C.P.
					 "Board" is to be understood; when the terms "Prothonotary" or "clerk of court"
					 are used in Pa.R.C.P. "Secretary to the Board" is to be understood.
(b) Proof of service of the subpoena need not
					 be filed with the Board.
(c)
					 Subsections (a) and (b) supersede 1 Pa. Code §§
											35.139 and
					 35.142 (relating to fees of
					 witnesses; and subpoenas).
The provisions of this §
													1021.103 amended under section 5
						  of the Environmental Hearing Board Act (35 P.S. §
														7515).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › FORMAL PROCEEDINGS › PREHEARING PROCEDURES AND PREHEARING CONFERENCES › Section 1021.104 - Prehearing memorandum

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 prehearing memorandum shall contain the following:
(1) A statement of the facts in dispute and
					 the facts upon which the parties agree.
(2) A statement of the legal issues in
					 dispute, including citations to statutes, regulations and caselaw supporting
					 the party's position.
(3) A
					 description of scientific tests upon which the party will rely and a statement
					 indicating whether an opposing party will object to their use.
(4) A list of expert witnesses whose
					 qualifications will not be challenged and which may be entered into the record
					 as an unchallenged exhibit.
(5) For
					 each expert witness a party intends to call at the hearing, answers to expert
					 interrogatories and a copy of any expert report provided under §
												1021.101(a)(2)
					 (relating to prehearing procedure). In the absence of answers to the expert
					 interrogatories or an expert report, a summary of the testimony of each expert
					 witness.
(6) The proposed order of
					 witnesses.
(7) A list of the
					 exhibits the party seeks to introduce into evidence and a statement indicating
					 whether the opposing party will object to their introduction. A copy of each
					 exhibit shall be attached.
(8)
					 Signed copies of any stipulations reached by the parties.
(9) Other information as may be required by
					 the Board's prehearing orders.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › FORMAL PROCEEDINGS › PREHEARING PROCEDURES AND PREHEARING CONFERENCES › Section 1021.105 - Prehearing conferences

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 Board, on its 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 any issue therein, or other matters
					 to expedite the orderly conduct and disposition of a hearing.
(b) A stipulation of the parties or rulings
					 of the Board as a result of the conference shall be binding upon the
					 parties.
(c) The Board may issue
					 prehearing orders as it considers necessary for limiting issues of fact and
					 law.
(d) The Board will, at any
					 time, be authorized to delay a formal hearing and order settlement discussions
					 or stipulations, either on or off the record.
(e) Subsections (a)-(d) supplement 1 Pa. Code
					 §§ 35.111-35.115.