reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › FORMAL PROCEEDINGS › PREHEARING PROCEDURES AND PREHEARING CONFERENCES › Section 1021.106 - Voluntary mediation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon
					 request by all the parties, the Board may stay a matter for up to 120 days to
					 allow the parties to utilize voluntary mediation services.
(b) The parties are responsible for selection
					 of a mediator and payment of the mediator's fees.
(c) The request shall be filed at least 14
					 days before initiation of hearings by the Board. The request shall identify the
					 mediator selected and shall certify that the parties have made arrangements for
					 payment of the mediator's fee.
(d)
					 At the end of the initial stay, the parties shall jointly file a report,
					 prepared and signed by the mediator, setting forth whether the mediation has
					 been successful or has a likelihood of success if the mediation process
					 continues to proceed. The parties may request an additional stay if necessary
					 to complete the mediation process.
(e) The grant of an additional stay for
					 mediation is in the Board's discretion and the Board may impose limitations the
					 Board deems appropriate.
(f) A
					 settlement reached by the parties as a result of voluntary mediation shall be
					 submitted to the Board for approval under §
											1021.141 (relating to termination
					 of proceedings).
(g) Only a signed
					 settlement agreement shall be binding and it shall bind only the parties
					 signing it.
(h) A party's
					 participation in voluntary mediation may not be used as evidence in a
					 proceeding before the Board. Communications between the parties during the
					 mediation period shall be regarded as offers of settlement and are neither
					 discoverable nor admissible as evidence in a proceeding before the
					 Board.
(i) Subsections (a)-(h)
					 supplement 1 Pa. Code §§
											35.111 and
					 35.115 (relating to conferences to
					 adjust, settle or expedite proceedings; and offers of settlement).
The provisions of this §
													1021.106 amended under section
						  5(c) of the Environmental Hearing Board Act (35 P.S. §
														7515(c)).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › FORMAL PROCEEDINGS › PREHEARING PROCEDURES AND PREHEARING CONFERENCES › Section 1021.107 - Authority delegated to hearing examiners

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Board may appoint hearing examiners
					 to preside at hearings. Subject to the approval of the Board member assigned to
					 the case, the hearing examiner shall have the following authority:
(1) To schedule and regulate the course of
					 the hearings.
(2) To administer
					 oaths and affirmations.
(3) To rule
					 on motions in limine, offers of proof and the admission or exclusion of
					 evidence.
(4) To conduct pretrial
					 conferences, settlement conferences and related pretrial proceedings and to
					 dispose of procedural matters.
(5)
					 To schedule the filing of posthearing briefs following the conclusion of the
					 hearing.
(6) To recommend to the
					 Board member or to the Board an opinion and order or adjudication disposing of
					 the matters considered at the hearing.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › FORMAL PROCEEDINGS › HEARINGS › Section 1021.111 - Initiation of hearings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If the
					 proceedings are at issue and a hearing is required, a formal evidentiary
					 hearing shall be scheduled and a notice of hearing shall be sent to all parties
					 to the proceedings.
(b) Subsection
					 (a) supersedes 1 Pa. Code §
											35.121 (relating to initiation of
					 hearings).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › FORMAL PROCEEDINGS › HEARINGS › Section 1021.112 - Waiver of hearings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 hearing need not be held if waived by appellant or respondent or if parties
					 stipulate the essential facts or agree to submit direct and rebuttal testimony
					 or documentary evidence in affidavit form (sworn or affirmed on personal
					 knowledge) or by deposition.
(b)
					 Subsection (a) supersedes 1 Pa. Code §
											35.101 (relating to waiver of
					 hearing).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › FORMAL PROCEEDINGS › HEARINGS › Section 1021.113 - Continuance of hearings

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Hearings may not be continued except for compelling reasons. Requests for
					 continuances shall be submitted to the Board in writing with a copy served upon
					 the other parties to the proceedings, except that during the course of a
					 hearing in a proceeding, the requests may be made by oral motion in the
					 hearing.
(b) Subsection (a)
					 supersedes 1 Pa. Code §
											31.15 (relating to extensions of
					 time).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › FORMAL PROCEEDINGS › HEARINGS › Section 1021.114 - Venue of hearings

Current through Register Vol. 54, No. 28, July 13, 2024
At the discretion of the Board, hearings will be held at
						the Commonwealth facility nearest the location of the complaint sought to be
						remedied by the Department with consideration for the convenience of witnesses,
						the public and the parties in attending the hearings.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › FORMAL PROCEEDINGS › HEARINGS › Section 1021.115 - View of premises

Current through Register Vol. 54, No. 28, July 13, 2024
The Board may upon reasonable notice and at reasonable
						times inspect any real estate including a body of water, industrial plant,
						building or other premises when the Board is of the opinion that a viewing
						would have probative value in a matter in hearing or pending before the
						Board.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › FORMAL PROCEEDINGS › HEARINGS › Section 1021.116 - Conduct of hearings

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Hearings may be held, at the discretion of the Board, before the Board as a
					 whole, by individual Board members sitting as administrative law judges, or by
					 hearing examiners who are not members of the Board. Hearings held by hearing
					 examiners not members of the Board will be decided by the Board based upon its
					 review of the record and the examiner's proposed adjudication. All final
					 decisions shall be decisions of the Board decided by majority vote. Petitions
					 for supersedeas and other petitions and motions may be decided by the Board
					 member hearing the petition or motion.
(b) Subsection (a) supersedes 1 Pa. Code
					 §
											35.123 (relating to conduct of
					 hearings).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › FORMAL PROCEEDINGS › HEARINGS › Section 1021.117 - Presentation by the parties

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Parties shall have the right to an opening statement, presentation of evidence,
					 cross-examination, objection, motion and argument, and closing
					 argument.
(b) The party with the
					 burden of proof is required to make a prima facie case by the close of its
					 case-in-chief.
(c) Subsections (a)
					 and (b) supersede 1 Pa. Code §
											35.126 (relating to presentation
					 by the parties).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › FORMAL PROCEEDINGS › HEARINGS › Section 1021.118 - Transcript

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Hearings shall
					 be stenographically reported and a transcript of the report shall be a part of
					 the record.
(b) Parties desiring
					 copies of the transcript shall obtain the copies from the official
					 reporter.
(c) Parties shall have
					 the opportunity to review a copy of the transcript on file with the
					 Board.
(d) Subsections (a)-(c)
					 supplement 1 Pa. Code §§
											35.131 -35.133 (relating to
					 transcript).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › FORMAL PROCEEDINGS › EVIDENCE › Section 1021.122 - Burden of proceeding and burden of proof

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In proceedings before the Board, the
					 burden of proceeding and the burden of proof shall be the same as at common law
					 in that the burden shall normally rest with the party asserting the affirmative
					 of an issue. It shall generally be the burden of the party asserting the
					 affirmative of the issue to establish it by a preponderance of the evidence. In
					 cases where a party has the burden of proof to establish the party's case by a
					 preponderance of the evidence, the Board may nonetheless require the other
					 party to assume the burden of proceeding with the evidence in whole or in part
					 if that party is in possession of facts or should have knowledge of facts
					 relevant to the issue.
(b) The
					 Department has the burden of proof in the following cases:
(1) When it assesses or files a complaint for
					 a civil penalty.
(2) When it files
					 a complaint for any other purpose.
(3) When it revokes or suspends a license,
					 permit, approval or certification.
(4) When it issues an order.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › FORMAL PROCEEDINGS › EVIDENCE › Section 1021.123 - Evidence

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Board is
					 not bound by technical rules of evidence and relevant and material evidence of
					 reasonable probative value is admissible. The Board generally applies the
					 Pennsylvania Rules of Evidence.
(b)
					 Copies of an exhibit to be offered into evidence shall be made available to
					 parties at the time it is identified as an exhibit unless otherwise ordered by
					 the Board.
(c) Witnesses shall be
					 sworn or shall affirm.
(d)
					 Subsections (a)-(c) supersede 1 Pa. Code §§ 35.137-35.139, 35.162 and
					 35.166.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › FORMAL PROCEEDINGS › EVIDENCE › Section 1021.124 - Written testimony

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Written testimony of a witness, on numbered lines in question and answer form,
					 may be admitted into evidence provided the witness is present for
					 cross-examination.
(b) Written
					 testimony shall be filed concurrently with the prehearing memorandum unless a
					 different time is prescribed by the Board. Objections to written testimony
					 which can be reasonably anticipated prior to hearing shall be in writing and
					 filed at least 5 days before the hearing unless otherwise ordered by the
					 Board.
(c) If a party desires to
					 file written testimony prior to the close of the record, it may do so only upon
					 motion approved by the Board. This approval shall include the scope of the
					 written testimony and the time for filing the testimony and service upon
					 opposing counsel.
This section cited in 25 Pa. Code §
													1021.96d (relating to conduct of
						  expedited hearing).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › FORMAL PROCEEDINGS › EVIDENCE › Section 1021.125 - Official notice of facts

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 The Board may take official notice of the following:
(1) Matters which may be judicially noticed
					 by the courts of the Commonwealth.
(2) Facts which are not in dispute.
(3) Record facts reflected in the official
					 docket of the Board as referenced in § 1021.39(a) (relating to
					 docket).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › FORMAL PROCEEDINGS › EVIDENCE › Section 1021.126 - Limiting number of witnesses and additional evidence

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Board may limit the number of
					 witnesses upon an issue and may request a party to present additional evidence
					 on an issue.
(b) Subsection (a)
					 supplements 1 Pa. Code §§
											35.127 and
					 35.128 (relating to limiting
					 number of witnesses; and additional evidence).
This section cited in 25 Pa. Code §
													1021.96d (relating to conduct of
						  expedited hearing).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › FORMAL PROCEEDINGS › POSTHEARING PROCEDURES › Section 1021.131 - Posthearing briefs

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The initial
					 posthearing brief of each party shall contain a table of contents, proposed
					 findings of fact (with references to the appropriate exhibit or page of the
					 transcript), an argument with citation to supporting legal authority, and
					 proposed conclusions of law.
(b)
					 Reply briefs shall be as concise as possible and may not exceed 25 pages.
					 Longer briefs may be permitted at the discretion of the presiding
					 administrative law judge.
(c) An
					 issue which is not argued in a posthearing brief may be waived.
(d) Subsections (a)-(c) supersede 1 Pa. Code
					 §§ 35.191-35.193 (relating to briefs).
The provisions of this §
													1021.131 amended under section
						  5(c) of the Environmental Hearing Board Act (35 P.S. §
														7515(c)).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › FORMAL PROCEEDINGS › POSTHEARING PROCEDURES › Section 1021.132 - Oral argument after hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 party may, within 5 days after the last post-hearing briefing and prior to
					 adjudication, request oral argument before the entire Board. The Board may
					 grant or deny the request.
(b)
					 Subsection (a) supersedes 1 Pa. Code §
											35.204 (relating to oral argument
					 before presiding officer).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › FORMAL PROCEEDINGS › POSTHEARING PROCEDURES › Section 1021.133 - Reopening of record

Current through Register Vol. 54, No. 28, July 13, 2024
(a) After the
					 conclusion of the hearing on the merits of the matter pending before the Board
					 and before the Board issues an adjudication, or after the conclusion of a
					 hearing on a supersedeas and before the Board issues an order granting or
					 denying a supersedeas, the Board, upon its own motion or upon a petition filed
					 by a party, may reopen the record as provided in this section.
(b) The record may be reopened upon the basis
					 of recently discovered evidence when all of the following circumstances are
					 present:
(1) Evidence has been discovered
					 which would conclusively establish a material fact of the case or would
					 contradict a material fact which had been assumed or stipulated by the parties
					 to be true.
(2) The evidence is
					 discovered after the close of the record and could not have been discovered
					 earlier with the exercise of due diligence.
(3) The evidence is not
					 cumulative.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › FORMAL PROCEEDINGS › POSTHEARING PROCEDURES › Section 1021.134 - Adjudications

Current through Register Vol. 54, No. 28, July 13, 2024
(a) At the
					 conclusion of the proceedings, the Board will issue an adjudication containing
					 a discussion, findings of fact, conclusions of law and an order.
(b) The Board will serve a copy of the
					 adjudication on all parties to the proceeding or their
					 representatives.
(c) Subsections
					 (a) and (b) supersede 1 Pa. Code §
											35.226 (relating to final
					 orders).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › FORMAL PROCEEDINGS › TERMINATION OF PROCEEDINGS › Section 1021.141 - Termination of proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 proceeding before the Board may be terminated by one of the following:
(1) Withdrawal of the appeal prior to
					 adjudication.
(2) Settlement
					 agreement.
(3) Consent
					 adjudication.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › FORMAL PROCEEDINGS › RECONSIDERATION › Section 1021.151 - Reconsideration of interlocutory orders

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A petition for reconsideration of an
					 interlocutory order or ruling shall be filed within 10 days of the order or
					 ruling. The petition must demonstrate that extraordinary circumstances justify
					 consideration of the matter by the Board. A party may file a memorandum of law
					 at the time the petition or response is filed.
(b) A copy of the petition shall be served
					 upon the parties. A party wishing to file an answer may do so within 10 days of
					 service or as ordered by the Board.
(c) The failure of a party to file a petition
					 under this section will not result in a waiver of any issue.
(d) Subsections (a)-(c) supersede 1 Pa. Code
					 §
											35.241 (relating to application
					 for rehearing or reconsideration).
The provisions of this §
													1021.151 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 › RECONSIDERATION › Section 1021.152 - Reconsideration of final orders

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 petition for reconsideration of a final order shall be filed within 10 days of
					 the date of the final order. A party may file a memorandum of law at the time
					 the petition or response is filed. Reconsideration is within the discretion of
					 the Board and will be granted only for compelling and persuasive reasons. These
					 reasons may include the following:
(1) The
					 final order rests on a legal ground or a factual finding which has not been
					 proposed by any party.
(2) The
					 crucial facts set forth in the petition:
(i)
					 Are inconsistent with the findings of the Board.
(ii) Are such as would justify a reversal of
					 the Board's decision.
(iii) Could
					 not have been presented earlier to the Board with the exercise of due
					 diligence.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › FORMAL PROCEEDINGS › RECONSIDERATION › Section 1021.153 - Amendment of interlocutory orders

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Requests to amend an interlocutory order
					 to certify one or more issues for appeal in accordance with
					 42 Pa.C.S. §
												702(b) (relating to
					 interlocutory orders) shall be filed within 10 days of service of the order and
					 shall take the form of a motion under §
											1021.91 (relating to
					 general).
(b) Motions filed under
					 subsection (a) must be accompanied by a memorandum of law setting forth the
					 reasons why the order involves a controlling question of law as to which there
					 is a substantial ground for difference of opinion and that an immediate appeal
					 from the order may materially advance the ultimate termination of the
					 matter.
(c) Responses to motions
					 filed under this section shall be filed within 10 days of service of the motion
					 and shall be consistent with § 1021.91.
(d) If the Board does not act on the motion
					 within 30 days of it being filed, the motion shall be deemed denied.
(e) The filing of a motion under this section
					 or the amendment of an interlocutory order containing the requested finding
					 will not stay a proceeding unless otherwise ordered by the Board or by
					 Commonwealth Court.
(f) Subsections
					 (a)-(e) supersede 1 Pa. Code §
											35.225 (relating to interlocutory
					 orders).
The provisions of this §
													1021.153 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 › SANCTIONS › Section 1021.161 - Sanctions

Current through Register Vol. 54, No. 28, July 13, 2024
The Board may impose sanctions upon a party for failure
						to abide by a Board order or Board rule of practice and procedure. The
						sanctions may include dismissing an appeal, entering adjudication against the
						offending party, precluding introduction of evidence or documents not
						disclosed, barring the use of witnesses not disclosed, or other appropriate
						sanctions including those permitted under Pa.R.C.P. 4019 (relating to sanctions
						regarding discovery matters).
This section cited in 25 Pa. Code §
													1021.31 (relating to signing); 25
						  Pa. Code §
													1021.61 (relating to general); and
						  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 › SANCTIONS › Section 1021.171 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
													1021.71 reserved 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 › SANCTIONS › Section 1021.172-1021.174 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of these §§
													1021.172-1021.174 reserved 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 › ATTORNEY FEES AND COSTS AUTHORIZED BY STATUTE › Section 1021.181 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter applies to requests for costs and
						attorney fees when authorized by statute. When a statute provides procedures
						inconsistent with these procedures, the statutory procedures will be
						followed.
The provisions of this §
													1021.181 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 › ATTORNEY FEES AND COSTS AUTHORIZED BY STATUTE › Section 1021.182 - Application for fees and costs

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If statutorily authorized, a party may
					 initiate a request for fees and costs by filing a fee application with the
					 Board. The fee application shall conform to any requirements set forth in the
					 statute under which fees and costs are being sought and shall also conform to
					 any requirements set forth in §§ 1021.181, 1021.183, 1021.184 and
					 1021.191.
(b) A fee application
					 shall be verified by the applicant, and shall set forth sufficient grounds to
					 justify the award, including the following:
(1) A copy of the order of the Board in the
					 proceedings in which the applicant seeks attorney fees and costs.
(2) A statement of the basis upon which the
					 applicant claims to be entitled to attorney fees and costs, setting forth in
					 numbered paragraphs the facts in support of the fee application and the amount
					 of fees and costs requested. The statement must identify all legal issues upon
					 which the applicant contends it prevailed and the degree to which the relief
					 sought in the appeal was granted. The fee application may not be accompanied by
					 a supporting memorandum of law unless otherwise ordered by the Board.
(3) An affidavit, or affidavits, signed by
					 each of the applicant's lawyers and each consultant or expert witness whose
					 fees and costs the applicant seeks to recover, setting forth in detail all
					 reasonable fees and costs incurred for or in connection with issues in which
					 the party prevailed.
(4) Where
					 attorney fees are claimed, evidence concerning the hours expended on the case,
					 the customary commercial rate of payment for such services in the area and the
					 experience, reputation and ability of the individual or individuals performing
					 the services.
(5) The name of each
					 party from whom fees and costs are sought.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › FORMAL PROCEEDINGS › ATTORNEY FEES AND COSTS AUTHORIZED BY STATUTE › Section 1021.183 - Response to fee application

Current through Register Vol. 54, No. 28, July 13, 2024
A response to a fee application shall be filed within 30
						days of service, unless a longer period of time is ordered by the Board
						following a fees conference under §
											1021.184(c)
						(relating to disposition of fee application). The factual bases for the
						response shall be supported by affidavits signed by the parties from whom the
						fees and costs are sought or others with relevant knowledge. A response to a
						fee application shall set forth in correspondingly numbered paragraphs all
						factual disputes and the reason the opposing party objects to the fee
						application. Material facts set forth in a fee application that are not denied
						may be deemed admitted for the purposes of deciding the fee application.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › FORMAL PROCEEDINGS › ATTORNEY FEES AND COSTS AUTHORIZED BY STATUTE › Section 1021.184 - Disposition of fee application

Current through Register Vol. 54, No. 28, July 13, 2024
(a) [Reserved].
(b) [Reserved].
(c) Within 7 days of the Board's receipt of a
					 fee application, the Board will hold a fees conference with all parties to the
					 appeal to determine the process and deadlines for responses, briefing,
					 discovery and evidentiary hearings, if any. Following the fees conference, the
					 Board will issue a fees conference order establishing case management
					 procedures for these and any other issues that the Board may address.
(d) The applicant has the burden of proving
					 its entitlement to the recovery of fees and costs.
(e) The fee application process will be
					 stayed if one of the parties files an appeal from the Board's final order in
					 the underlying appeal.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › FORMAL PROCEEDINGS › ATTORNEY FEES AND COSTS UNDER MORE THAN ONE STATUTE › Section 1021.191 - Application for fees and costs under more than one statute

Current through Register Vol. 54, No. 28, July 13, 2024
An applicant seeking to recover fees and costs under more
						than one statute shall file a single fee application which sets forth, in
						separate counts, the basis upon which fees and costs are claimed under each
						statute. The fee application shall comport with the requirements in §
											1021.182 (relating to application
						for fees and costs).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › FORMAL PROCEEDINGS › APPELLATE MATTERS › Section 1021.201 - Composition of the certified record on appeal to Commonwealth Court

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Unless the
					 parties file a stipulation with the Board or the Commonwealth Court requires
					 otherwise, the Board shall certify the record in accordance with the applicable
					 Rules of Appellate Procedure. The record must consist of:
(1) A list of the docket entries.
(2) The notice of appeal and the Department
					 action appealed to the Board, or, if the proceedings before the Board were
					 initiated with a complaint, the complaint.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part I - General Health › Chapter 1 - ADMINISTRATION OF VITAL RECORDS › RECORDS OF BIRTH › Section 1.1 - Filing of birth certificates

Current through Register Vol. 54, No. 28, July 13, 2024
A certificate of birth shall be filed with the local
					 registrar of vital records within 10 days after each birth has
					 occurred.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part I - General Health › Chapter 1 - ADMINISTRATION OF VITAL RECORDS › RECORDS OF BIRTH › Section 1.2 - Filing registrations of foundling births

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A registration form for each foundling
				  child shall be filed within 10 days after the child has been first delivered to
				  the custody of a person, agency or institution.
(b) The place where the child was found shall
				  be entered on the form as the place of birth and the date of birth shall be by
				  approximation.
(c) If the child is
				  later identified and an original certificate of birth is found or created, the
				  foundling certificate shall be sealed and filed and may be opened only by court
				  order.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part I - General Health › Chapter 1 - ADMINISTRATION OF VITAL RECORDS › RECORDS OF BIRTH › Section 1.3 - Amendments to birth certificates

Current through Register Vol. 54, No. 28, July 13, 2024
The following documentary proof shall be required of
					 persons making application for an amendment of a birth certificate following a
					 change in civil status:
(1) When the
				  change involves a person whose birth is registered as illegitimate but who is
				  legitimated by the subsequent marriage of his natural parents, a copy of the
				  marriage certificate of the natural parents shall be submitted together with a
				  joint affidavit of the husband and wife signifying that they are the natural
				  parents of the child.
(2) When the
				  parentage of the child has been determined by a court of competent jurisdiction
				  a certified copy of the court order shall be submitted.
(3) When the child has been legally adopted a
				  certified copy of the decree of adoption or an official notice from the court
				  of the fact of adoption shall be submitted. The notice shall include all facts
				  necessary to locate, identify and amend the original certificate of birth of
				  the person adopted.
(4) When the
				  name of a person is changed by order of a court of competent jurisdiction a
				  certified copy of the court order shall be submitted.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part I - General Health › Chapter 1 - ADMINISTRATION OF VITAL RECORDS › RECORDS OF BIRTH › Section 1.4 - Delayed registrations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If
				  there is no record of birth on file with the Division of Vital Records and the
				  birth occurred in this Commonwealth, a delayed registration of birth may be
				  placed on file by the parents of a child up to 7 years of age without
				  documentary evidence.
(b) Delayed
				  registrations filed for children from 7 to 18 years of age or deceased persons
				  may be executed by either parent or someone familiar with the facts of birth at
				  the time of birth.
(c) Delayed
				  registration for persons 18 years of age or older shall be filed by the
				  subject.
(d) The face of the
				  delayed registration form shall be completed and sworn to in the presence of a
				  notarizing official and submitted to the Division of Vital Records in
				  Harrisburg, together with one of the following pieces of documentary evidence:
(1) A certified copy of a county record
				  showing the facts of birth.
(2) A
				  notarized statement sworn to by the doctor or midwife who delivered the
				  child.
(3) A baptismal certificate
				  showing the facts of birth and certified by a priest or minister. The baptism
				  shall have occurred 5 years prior to the date of application for delayed
				  registration.
(4) A decree or
				  certificate of adoption which shows the name of the child and the date and
				  place of birth.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part I - General Health › Chapter 1 - ADMINISTRATION OF VITAL RECORDS › RECORDS OF BIRTH › Section 1.5 - Registration as other than the child of the mother's husband

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The child of a married woman and a man
				  who is not the mother's husband, may be registered as the child of the
				  biological father if under the following conditions:
(1) The mother signs, in the presence of a
				  witness; the following statement: "I, (mother's name), do hereby acknowledge
				  that (biological father's name) and I are the true and biological parents of
				  (infant's name) born in the (hospital's name) on (date of birth) at (time). I
				  hereby authorize and direct the (hospital's name) to submit a birth certificate
				  to the Division of Vital Records identifying (biological father's name) as the
				  father of the above infant"; and
(2) The mother's husband signs the following
				  statement in the presence of a witness: "I, (husband's name), the undersigned,
				  do hereby authorize the (hospital's name) to submit to the Division of Vital
				  Records a birth certificate which identifies (biological father's name) as the
				  father of (infant's name), who is the child of (mother's name), my lawful
				  wife."
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part I - General Health › Chapter 1 - ADMINISTRATION OF VITAL RECORDS › RECORDS OF BIRTH › Section 1.6 - Registration of the child of an unmarried woman

Current through Register Vol. 54, No. 28, July 13, 2024
The child of an unmarried woman may be registered with any
					 surname requested by the mother. If no other surname is so requested, the child
					 shall be registered with the mother's surname.
This section cited in 28 Pa. Code §
												1.8 (relating to
						application).
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part I - General Health › Chapter 1 - ADMINISTRATION OF VITAL RECORDS › RECORDS OF BIRTH › Section 1.7 - Registration of children born in wedlock

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The designation of a child's name,
				  including surname, is the right of the child's parents. Thus, a child's surname
				  as recorded on its birth certificate may be the surname of either or both of
				  the child's parents, a surname formed by combining the surname of the parents
				  in hyphenated or other form, or a name which bears no relationship to the
				  surname of either parent.
(b) If
				  the parents are divorced or separated at the time of the child's birth, the
				  choice of surname rests with the parent who has custody of the newborn
				  child.
This section cited in 28 Pa. Code §
												1.8 (relating to
						application).
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part I - General Health › Chapter 1 - ADMINISTRATION OF VITAL RECORDS › RECORDS OF BIRTH › Section 1.8 - Application

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Sections
				  1.5-1.7 (relating to registration as
				  other than the child of the mother's husband; registration of the child of an
				  unmarried woman; and registration of children born in wedlock), shall apply to
				  children born on or after September 27, 1975.
(b) The birth certificate of a child born
				  before September 27, 1975, but no earlier than September 27, 1968, may be
				  amended upon application of the child's mother or custodial parent, under
				  §§
										1.5,
				  1.6 or
				  1.7(b) or by the
				  child's parents, under §
										1.7(a), at a time
				  up to the child's 7th birthday.
(c)
				  The birth certificate of a person whose paternity has been established by court
				  order or decree may be amended under §§
										1.5 or
				  1.6 upon application by that
				  person, or if a minor, by the custodial parent. A certified copy of the court
				  order or decree shall be attached to the request for amendment.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part I - General Health › Chapter 1 - ADMINISTRATION OF VITAL RECORDS › RECORDS OF BIRTH › Section 1.10 - Free certified copies to parents of newborns

Current through Register Vol. 54, No. 28, July 13, 2024
Upon receipt of each birth certificate of a living child,
					 the Division of Vital Records shall send to the custodial parent of the child a
					 certified copy of the original birth certificate of the child free of
					 charge.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part I - General Health › Chapter 1 - ADMINISTRATION OF VITAL RECORDS › RECORDS OF DEATH › Section 1.11 - Issuance of certificates of death

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Local registrars shall issue certificates
				  of death from original certificates of death in their possession upon
				  completion of a period of instruction on the preparation of certificates by
				  representatives of the Division of Vital Records.
(b) For each certificate issued the local
				  registrar shall receive a fee of $2.00.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part I - General Health › Chapter 1 - ADMINISTRATION OF VITAL RECORDS › INTERMENT, TRANSPORTATION AND DISINTERMENT OF DEAD BODIES AND FETAL REMAINS › Section 1.21 - Depth of graves

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The distance
				  from parts of the top of the outer case containing the casket may not be less
				  than 1.5 feet (18 inches) from the natural surface of the ground.
(b) When a casket is not placed in an outer
				  case or when a body is not placed in a casket, the distance from parts of the
				  casket or body may be no less than 2 feet-24 inches-from the natural surface of
				  the ground.
(c) The superintendent,
				  sexton, caretaker or other person in charge of the cemetery shall be
				  responsible for graves being dug to the depths required by subsections (a) and
				  (b) and maintaining the depth requirements.
(d) This section does not apply to crypts for
				  which there are no depth requirements.
The provisions of this §
												1.21 issued under the sections
						2104 and 2111 of The Administrative Code of 1929 (71 P. S. §§
													534 and
						541); and section 506 of the
						Vital Statistics Law of 1953 (35 P. S. §
													450.506).
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part I - General Health › Chapter 1 - ADMINISTRATION OF VITAL RECORDS › INTERMENT, TRANSPORTATION AND DISINTERMENT OF DEAD BODIES AND FETAL REMAINS › Section 1.22 - Structures for the dead

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Crypts.
No dead human body shall be placed in a permanent
				  crypt unless the crypt is fitted with a durable covering which may be tightly
				  sealed after each interment, or unless the remains are encased in a sealed
				  container from which no evidence of dissolution may escape.
(b)
Mausoleums.
No dead
				  human body shall be placed in a permanent overground mausoleum or other
				  structure for the dead unless the remains are encased in a container so sealed
				  that no evidence of dissolution may escape.
(c)
Receiving vaults.
Receiving vaults may be used for the temporary reception of dead bodies, if the
				  bodies are properly embalmed, for a period not exceeding 30 days, beyond which
				  period special permission from the Department of Health shall be required. The
				  responsible person in charge of a dead human body which is placed in a
				  temporary vault shall make application for special permission at least 1 week
				  prior to the expiration of the 30-day period. Bodies retained in a temporary
				  vault may, within the initial 30-day period, be removed and interred in a
				  cemetery in this Commonwealth or shipped, on the authority of the original
				  burial permit. In every case the death certificate shall be filed within 96
				  hours after death. A new burial permit shall be secured by the person
				  responsible for the final disposition of each dead human body which has been
				  retained in a temporary vault beyond the 30-day period.
The provisions of this §
												1.22 issued under sections 2104
						and 2111 of The Administrative Code of 1929 (71 P. S. §§
													534 and
						541); and section 506 of the
						Vital Statistics Law of 1953 (35 P. S. §
													450.506).
This section cited in 49 Pa. Code §
												13.184 (relating to prompt
						disposal of a deceased body).
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part I - General Health › Chapter 1 - ADMINISTRATION OF VITAL RECORDS › INTERMENT, TRANSPORTATION AND DISINTERMENT OF DEAD BODIES AND FETAL REMAINS › Section 1.23 - Shipment of bodies dead of noncontagious diseases

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Human bodies, dead of noncontagious
				  diseases, which are to be shipped by common carrier to a point which cannot be
				  reached within 24 hours after death shall be either embalmed or placed in a
				  metal or metal-lined, hermetically sealed container. Bodies which remain
				  unclaimed for 36 hours after death shall fall under the jurisdiction of the
				  Humanity Gifts Registry and shall be shipped in accordance with its
				  procedures.
(b) Except for bodies
				  shipped by air, embalmed bodies shall be shipped by placing the casket in a
				  strong outer box made of lumber not less than 7/8 inch thick, bearing at least
				  four carrying handles, two on each side, or six handles when the box is over 5
				  feet 6 inches in length, or an approved metal shipping case.
(c) For transportation by air the casket may
				  be placed in a receptacle which meets the specifications of the
				  carrier.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part I - General Health › Chapter 1 - ADMINISTRATION OF VITAL RECORDS › INTERMENT, TRANSPORTATION AND DISINTERMENT OF DEAD BODIES AND FETAL REMAINS › Section 1.24 - Transit permit

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the burial permit, in all cases where dead
					 human bodies are to be shipped by common carrier, or transferred while in
					 shipment, a transit permit shall be securely attached to the outside case as
					 authority for the shipment or transfer.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part I - General Health › Chapter 1 - ADMINISTRATION OF VITAL RECORDS › INTERMENT, TRANSPORTATION AND DISINTERMENT OF DEAD BODIES AND FETAL REMAINS › Section 1.25 - Disinterment of dead human bodies

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Permit.
No dead human body shall be removed from its place of
				  interment unless a disinterment permit is first secured from a local registrar
				  who is authorized to issue a disinterment permit, according to the following
				  requirements:
(1) The funeral director or
				  cemetery official making the application shall present to the local registrar
				  the correct name, date of death and cause of death of the body to be
				  disinterred and written consent of next of kin, or appropriate order from a
				  court of competent jurisdiction.
(2) No disinterred body shall be reinterred
				  either in the same cemetery or another cemetery located in this Commonwealth
				  unless a burial or removal permit is obtained.
(3) Disinterment permits shall be void after
				  the expiration of 72 hours from the date of issue and no disinterment may be
				  made between sunset and sunrise.
(4) Disinterment permits shall be delivered
				  to the sexton or other person in charge of burial grounds in which the
				  disinterments are to be made and shall be returned by him to the local
				  registrar of the district where the body is reinterred within 30 days from the
				  date the permit was issued.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part I - General Health › Chapter 1 - ADMINISTRATION OF VITAL RECORDS › CORRECTION OF RECORDS › Section 1.31 - General

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Certificates
				  corrected without a court order shall be marked "corrected."
(b) The Division of Vital Records may require
				  additional evidence to substantiate a correction when it is deemed necessary
				  and proper to preserve the integrity of the records.
(c) No correction may be made except in
				  accordance with this chapter.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part I - General Health › Chapter 1 - ADMINISTRATION OF VITAL RECORDS › CORRECTION OF RECORDS › Section 1.32 - Correction or addition of names

Current through Register Vol. 54, No. 28, July 13, 2024
Corrections or additions of the name of the subject on a
					 birth certificate shall be made in compliance with the following:
(1) If the subject is less than 1 year of
				  age, correction may be accomplished by a statement signed by both
				  parents.
(2) If the subject is over
				  1 year of age, correction may be accomplished by an affidavit of both parents
				  or the subject, if of legal age.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part I - General Health › Chapter 1 - ADMINISTRATION OF VITAL RECORDS › CORRECTION OF RECORDS › Section 1.33 - Correction of date of birth

Current through Register Vol. 54, No. 28, July 13, 2024
Corrections in the date of birth on a birth certificate
					 shall be made in compliance with the following:
(1) If the subject is less than 1 year of
				  age, correction may be accomplished by a statement signed by both parents
				  together with a statement of the hospital, the attending physician or
				  midwife.
(2) If the subject is over
				  1 year of age, correction may be accomplished by an affidavit of both parents
				  or of the subject, if of legal age, together with the baptismal record of the
				  subject, early school record or other acceptable documents which shall
				  conclusively prove the correct date. The supporting document shall be at least
				  5 years old.