Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 131 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE WORKERS' COMPENSATION JUDGES › Subchapter C - FORMAL PROCEEDINGS › BRIEFS, FINDINGS OF FACT, CLOSE OF RECORD AND ORAL ARGUMENT › Section 131.101 - Briefs, findings of fact and close of record

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The judge may require the parties to
					 submit proposed findings of fact, conclusions of law and legal briefs or
					 memoranda to the judge for review and consideration.
(b) Submissions referred to in subsection (a)
					 shall be made within the time specified by the judge, but not later than 30
					 days following the close of the record.
(c) The evidentiary record is closed when the
					 parties have submitted all of their evidence and rested or when the judge has
					 closed the evidentiary record on a party's motion or the judge's own motion. If
					 the judge determines that additional hearings are necessary, or that additional
					 evidence needs to be submitted, or if the judge schedules additional written or
					 oral argument, the evidentiary record may be held open by the judge. When the
					 judge determines that the evidentiary record is closed, the judge will notify
					 the parties that the evidentiary record is closed on the record or in
					 writing.
(d) A party may move to
					 close the evidentiary record and all other parties shall advise the judge
					 within 20 days as to whether the evidentiary record is closed or whether there
					 is additional evidence to be submitted. At the conclusion of the 20-day period,
					 the judge will determine whether the evidentiary record will be closed or will
					 remain open.
(e) A judge may close
					 the evidentiary record on the judge's own motion even if all parties have not
					 rested when the judge determines that the parties have had reasonable
					 opportunity to present their case, provided that reasonable notice of the
					 closing of the evidentiary record has been given to all parties.
(f) All parties shall provide a certification
					 of the contents of the evidentiary record before the judge, including hearing
					 dates, a list of witnesses testifying and a list of offered exhibits. The
					 certification of the evidentiary record shall be provided to the judge after
					 the close of the evidentiary record and at or before the filing of proposed
					 findings of fact, conclusions of law or brief. The judge will specify the
					 contents of the evidentiary record in the decision.
(g) Proposed findings of fact, proposed
					 conclusions of law, briefs and certification of the evidentiary record not
					 timely filed with the judge may not be considered unless, in advance of the
					 date specified in this section, a request for an extension of time has been
					 made to, and granted by, the judge for good cause shown.
(h) Briefs submitted under this section shall
					 consist of at least the following items separately and distinctly set forth:
(1) A short statement of the questions
					 involved.
(2) A statement of the
					 facts by the moving party or counter-statement of the facts by the responding
					 party.
(3) An argument.
(4) Short conclusions setting forth the
					 precise relief sought.
(5) A proof
					 of service.