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 35.116 - Refusal to make admissions or stipulate

Current through Register Vol. 54, No. 28, July 13, 2024
If a party attending a conference convened under these
						rules refuses to admit or stipulate the genuineness of a document or the truth
						of a matter of fact and if the participant requesting the admissions or
						stipulations thereafter proves the genuineness of the document or the truth of
						the matter of fact, he may apply to the agency head or presiding officer for an
						order requiring the other party to pay him the reasonable expenses incurred in
						making such proof, including reasonable attorney's fees. Unless the agency head
						or presiding officer finds that there were good reasons for the refusal to
						admit or stipulate or that the admissions or stipulations sought were of no
						substantial importance, the order shall be made. An appeal may be taken to the
						agency head immediately from any such order made by a presiding officer. If a
						party refuses to comply with such order after it becomes final, the agency may
						strike all or any part of such pleadings of such party or limit or deny further
						participation by such party.
This section cited in 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); 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 §
													5.233 (relating to refusal to make
						  admissions or stipulate); 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).