Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › FORMAL PROCEEDINGS › MOTIONS › Section 1021.94 - Dispositive motions other than summary judgment motions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Dispositive motions, responses and
					 replies shall be in writing, signed by a party or its attorney and served on
					 the opposing party in accordance with §
											1021.34 (relating to service by a
					 party). Dispositive motions shall be accompanied by a supporting memorandum of
					 law or brief. The Board may deny a dispositive motion if a party fails to file
					 a supporting memorandum of law or brief.
(b) Parties, other than the moving party,
					 that wish to support a pending dispositive motion may file a memorandum of law
					 within 15 days of service of the motion or within 15 days of the deadline for
					 filing dispositive motions, whichever comes first. The scope of facts that the
					 Board will consider in support of the motion is limited to the scope in the
					 original motion unless a separate dispositive motion accompanies the supporting
					 party's memorandum of law.
(c) A
					 response to a dispositive motion shall be filed within 30 days of service of
					 the motion or, if a supporting party files a memorandum of law alone, within 30
					 days of service of that memorandum of law. The response to a dispositive motion
					 must be accompanied by a supporting memorandum of law or brief.
(d) A moving party, or a supporting party
					 that files a memorandum of law alone, may file a reply to a response to a
					 dispositive motion within 15 days of the date of service of the response. The
					 reply may be accompanied by a supporting memorandum of law or brief. Reply
					 briefs or memoranda of law shall be as concise as possible and may not exceed
					 25 pages. Longer briefs or memoranda of law may be permitted at the discretion
					 of the Board.
(e) An affidavit or
					 other document relied upon in support of a dispositive motion or response, that
					 is not already a part of the record, shall be filed at the same time as the
					 motion or response or it will not be considered by the Board in ruling
					 thereon.
(f) When a dispositive
					 motion is made and supported as provided in this rule, an adverse party may not
					 rest upon mere allegations or denials of the adverse party's pleading or its
					 notice of appeal, but the adverse party's response must set forth specific
					 issues of fact or law showing there is a genuine issue for hearing. If the
					 adverse party fails to adequately respond, the dispositive motion may be
					 granted against the adverse party.
(g) Subsection (a) supersedes 1 Pa. Code
					 §
											35.177 (relating to scope and
					 contents of motions). Subsection (b) supersedes 1 Pa. Code §
											35.179 (relating to objections to
					 motions).
This section cited in 25 Pa. Code §
													1021.95 (relating to miscellaneous
						  motions); and 25 Pa. Code §
													1021.133 (relating to reopening of
						  record prior to adjudication).