reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter A - PLEADINGS AND OTHER PRELIMINARY MATTERS › FORMAL COMPLAINTS › Section 35.10 - Form and content of formal complaints

Current through Register Vol. 54, No. 28, July 13, 2024
A complaint may be made by letter or other writing. It
						shall contain the name and address of the complainant, the name and address of
						the party against whom the complaint is made, and a statement of the facts
						forming the basis for the conclusion that there has been a violation of a
						statute or regulation administered or issued by the agency. Supporting material
						may be submitted along with the complaint.
This section cited in 4 Pa. Code §
													105.12 (relating to requests); 6
						  Pa. Code §
													3.6 (relating to request for a
						  formal hearing); 6 Pa. Code §
													22.103 (relating to filing of
						  appeals); 7 Pa. Code §
													179.13 (relating to complaints and
						  other pleadings); 22 Pa. Code §
													351.1 (relating to purpose and
						  scope); 25 Pa. Code §
													1021.51 (relating to commencement,
						  form and content); 25 Pa. Code §
													1021.52 (relating to timeliness of
						  appeal); 25 Pa. Code §
													1021.53 (relating to amendments to
						  appeal or complaint); 25 Pa. Code §
													1021.71 (relating to complaints
						  filed by the Department); 25 Pa. Code §
													1021.72 (relating to complaints
						  filed by other persons); 25 Pa. Code §
													1021.73 (relating to transferred
						  matters); 34 Pa. Code §
													81.71 (relating to filing); 34 Pa.
						  Code §
													111.15 (relating to no other
						  pleadings allowed); 34 Pa. Code §
													131.32 (relating to petitions
						  except petitions for joinder and challenge proceedings); 34 Pa. Code §
													131.121 (relating to penalty
						  proceedings initiated by a party); 37 Pa. Code §
													79.72 (relating to procedure for
						  officers, CFIs, MIs or schools seeking reconsideration); 37 Pa. Code §
													79.82 (relating to notice); 49 Pa.
						  Code §
													25.201 (relating to grounds for
						  complaint); 52 Pa. Code §
													5.22 (relating to contents of
						  formal complaint); 52 Pa. Code §
													1005.12 (relating to content of
						  formal complaints); 52 Pa. Code § 1005.13 (relating to citation complaints
						  by the Authority); 55 Pa. Code §
													41.31 (relating to request for
						  hearing); 55 Pa. Code §
													41.32 (relating to timeliness and
						  perfection of requests for hearing); 55 Pa. Code §
													41.33 (relating to appeals nunc pro
						  tunc); 58 Pa. Code §
													493a.1 (relating to generally); 58
						  Pa. Code §
													493a.2 (relating to complaints);
						  and 61 Pa. Code §
													703.5 (relating to other
						  submissions).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter A - PLEADINGS AND OTHER PRELIMINARY MATTERS › FORMAL COMPLAINTS › Section 35.11 - Joinder of formal complaints

Current through Register Vol. 54, No. 28, July 13, 2024
Two or more grounds of complaint involving the same
						purposes, subject or state of facts, may be included in one complaint, but
						should be separately stated and identified; and two or more complainants may
						join in one complaint if their respective causes of complaint are against the
						same respondent or respondents, and involve substantially the same purposes and
						subject, and a like state of facts.
This section cited in 7 Pa. Code §
													179.13 (relating to complaints and
						  other pleadings); 12 Pa. Code §
													11.7 (relating to complaints); 22
						  Pa. Code §
													351.1 (relating to purpose and
						  scope); 25 Pa. Code §
													1021.51 (relating to commencement,
						  form and content); 25 Pa. Code §
													1021.52 (relating to timeliness of
						  appeal); 25 Pa. Code §
													1021.53 (relating to amendments to
						  appeal or complaint); 25 Pa. Code §
													1021.71 (relating to complaints
						  filed by the Department); 25 Pa. Code §
													1021.72 (relating to complaints
						  filed by other persons); 25 Pa. Code §
													1021.73 (relating to transferred
						  matters); 34 Pa. Code §
													111.15 (relating to no other
						  pleadings allowed); 34 Pa. Code §
													131.32 (relating to petitions
						  except petitions for joinder and challenge proceedings); 34 Pa. Code §
													131.36 (relating to joinder); 34
						  Pa. Code §
													131.121 (relating to penalty
						  proceedings initiated by a party); 52 Pa. Code §
													5.23 (relating to joinder of formal
						  complaints); 52 Pa. Code §
													1005.12 (relating to content of
						  formal complaints); 52 Pa. Code § 1005.13 (relating to citation complaints
						  by the Authority); 52 Pa. Code §
													1005.14 (relating to joinder of
						  formal complaints); 55 Pa. Code §
													41.31 (relating to request for
						  hearing); 55 Pa. Code §
													41.32 (relating to timeliness and
						  perfection of requests for hearing); 55 Pa. Code §
													41.33 (relating to appeals nunc pro
						  tunc); 58 Pa. Code §
													493a.1 (relating to generally); 58
						  Pa. Code §
													493a.2 (relating to complaints);
						  and 61 Pa. Code §
													703.5 (relating to other
						  submissions).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter A - PLEADINGS AND OTHER PRELIMINARY MATTERS › PETITIONS › Section 35.17 - Petitions generally

Current through Register Vol. 54, No. 28, July 13, 2024
Petitions for relief under a statute or other authority
						delegated to an agency shall be in writing, shall state clearly and concisely
						the grounds of interest of the petitioner in the subject matter, the facts
						relied upon and the relief sought, and shall cite by appropriate reference the
						statutory provision or other authority relied upon for
						relief.
This section cited in 12 Pa. Code §
													11.8 (relating to petitions for
						  declaratory order); 22 Pa. Code §
													233.114 (relating to
						  confidentiality and unauthorized release of information); 22 Pa. Code §
													233.120 (relating to expedited
						  hearing procedures); 28 Pa. Code §
													301.7 (relating to fair hearing);
						  34 Pa. Code §
													111.11 (relating to content and
						  form); 34 Pa. Code §
													111.21 (relating to form and
						  content); 34 Pa. Code §
													111.32 (relating to form/content);
						  34 Pa. Code §
													111.33 (relating to specific
						  petitions/requirements); 34 Pa. Code §
													131.31 (relating to form of
						  pleadings); 34 Pa. Code §
													131.32 (relating to petitions
						  except petitions for joinder and challenge proceedings); 34 Pa. Code §
													131.121 (relating to penalty
						  proceedings initiated by a party); 34 Pa. Code §
													321.5 (relating to hearings); 37
						  Pa. Code §
													171.44 (relating to supporting
						  legal authority); 37 Pa. Code §
													197.11a (relating to motions and
						  petitions); 40 Pa. Code §
													15.41 (relating to pleadings and
						  other preliminary matters); 52 Pa. Code §
													5.41 (relating to petitions
						  generally); 52 Pa. Code §
													1005.21 (relating to petitions
						  generally); 55 Pa. Code §
													41.3 (relating to definitions); 55
						  Pa. Code §
													41.44 (relating to transfer of
						  petition for relief); 58 Pa. Code §
													493a.4 (relating to petitions
						  generally); and 61 Pa. Code §
													703.1 (relating to petitions
						  generally).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter A - PLEADINGS AND OTHER PRELIMINARY MATTERS › PETITIONS › Section 35.18 - Petitions for issuance, amendment, waiver or deletion of regulations

Current through Register Vol. 54, No. 28, July 13, 2024
A petition to an agency for the issuance, amendment,
						waiver or repeal of a regulation shall set forth clearly and concisely the
						interest of the petitioner in the subject matter, the specific regulation,
						amendment, waiver or repeal requested, and shall cite by appropriate reference
						the statutory provision or other authority therefor. The petition shall set
						forth the purpose of, and the facts claimed to constitute the grounds
						requiring, the regulation, amendment, waiver or repeal. Petitions for the
						issuance or amendment of a regulation shall incorporate the proposed regulation
						or amendment.
This section cited in 1 Pa. Code §
													31.6 (relating to amendments to
						  rules); 1 Pa. Code §
													33.61 (relating to applications for
						  waiver of formal requirements); 4 Pa. Code §
													1.376 (relating to petitions); 12
						  Pa. Code §
													11.8 (relating to petitions for
						  declaratory order); 22 Pa. Code §
													233.120 (relating to expedited
						  hearing procedures); 22 Pa. Code §
													351.1 (relating to purpose and
						  scope); 34 Pa. Code §
													81.95 (relating to requests for
						  exemptions); 34 Pa. Code §
													111.15 (relating to no other
						  pleadings allowed); 34 Pa. Code §
													131.3 (relating to waiver and
						  modification of rules); 34 Pa. Code §
													131.12 (relating to modification of
						  time); 34 Pa. Code §
													131.32 (relating to petitions
						  except petitions for joinder and challenge proceedings); 34 Pa. Code §
													131.121 (relating to penalty
						  proceedings initiated by a party); 34 Pa. Code §
													131.202 (relating to first hearing
						  information and stay); 52 Pa. Code §
													5.43 (relating to petitions for
						  issuance, amendment, waiver or repeal of regulations); 52 Pa. Code §
													1005.21 (relating to petitions
						  generally); 52 Pa. Code §
													1005.23 (relating to petitions for
						  issuance, amendment, repeal or waiver of Authority regulations); 55 Pa. Code
						  §
													41.3 (relating to definitions); 55
						  Pa. Code §
													41.31 (relating to request for
						  hearing); 55 Pa. Code §
													41.31 (relating to request for
						  hearing) 55 Pa. Code §
													41.41 (relating to waiver request);
						  55 Pa. Code §
													41.43 (relating to request for
						  issuance, amendment or deletion of regulations); 58 Pa. Code §
													51.6 (relating to petitions or
						  requests for regulations); 58 Pa. Code §
													493a.4 (relating to petitions
						  generally); and 61 Pa. Code §
													703.2 (relating to petition
						  content).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter A - PLEADINGS AND OTHER PRELIMINARY MATTERS › PETITIONS › Section 35.19 - Petitions for declaratory orders

Current through Register Vol. 54, No. 28, July 13, 2024
Petitions for the issuance, in the discretion of an
						agency, of a declaratory order to terminate a controversy or remove
						uncertainty, shall state clearly and concisely the controversy or uncertainty
						which is the subject of the petition, shall cite the statutory provision or
						other authority involved, shall include a complete statement of the facts and
						grounds prompting the petition, together with a full disclosure of the interest
						of the petitioner.
This section cited in 12 Pa. Code §
													11.8 (relating to petitions for
						  declaratory order); 22 Pa. Code §
													351.1 (relating to purpose and
						  scope); 34 Pa. Code §
													111.15 (relating to no other
						  pleadings allowed); 34 Pa. Code §
													131.32 (relating to petitions
						  except petitions for joinder and challenge proceedings); 34 Pa. Code §
													131.121 (relating to penalty
						  proceedings initiated by a party); 52 Pa. Code §
													5.42 (relating to petitions for
						  declaratory orders); 52 Pa. Code §
													1005.22 (relating to petitions for
						  declaratory orders); 55 Pa. Code §
													41.3 (relating to definitions); 55
						  Pa. Code §
													41.31 (relating to request for
						  hearing); 55 Pa. Code §
													41.42 (relating to request for
						  declaratory relief); and 61 Pa. Code §
													703.2 (relating to petition
						  content).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter A - PLEADINGS AND OTHER PRELIMINARY MATTERS › PROTESTS › Section 35.23 - Protest generally

Current through Register Vol. 54, No. 28, July 13, 2024
A person objecting to the approval of an application,
						petition, motion or other matter which is, or will be, under consideration by
						an agency may file a protest. No particular form of protest is required but the
						letter or writing should contain the name and address of the protestant, the
						proceeding or matter to which the protest is addressed and a concise statement
						of the protest. Only one copy of a protest need be filed. Service need not be
						effected upon the parties.
This section cited in 12 Pa. Code §
													11.8 (relating to petitions for
						  declaratory order); 34 Pa. Code §
													111.15 (relating to no other
						  pleadings allowed); 34 Pa. Code §
													131.32 (relating to petitions
						  except petitions for joinder and challenge proceedings); 34 Pa. Code 131.121
						  (relating to penalty proceedings initiated by a party); 40 Pa. Code §
													17.13 (relating to
						  protests/intervention procedure); 52 Pa. Code §
													5.51 (relating to protest to an
						  application); 52 Pa. Code §
													1003.54 (relating to protests); 55
						  Pa. Code §
													41.61 (relating to filing of
						  petitions to intervene); 61 Pa. Code §
													703.2 (relating to petition
						  content); and 67 Pa. Code §
													441.3 (relating to permit
						  application procedure).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter A - PLEADINGS AND OTHER PRELIMINARY MATTERS › PROTESTS › Section 35.24 - Effect of protest

Current through Register Vol. 54, No. 28, July 13, 2024
A protest is intended solely to alert the agency and the
						parties to a proceeding of the fact and nature of the objection of the
						protestant to the proposed agency action, other than a notice of proposed
						rulemaking (timely filed responses to notices of proposed rulemaking will be
						treated as "comments" and considered by the agency as such). The filing of a
						protest does not make the protestant a party to the proceeding; a separate
						petition to intervene is required for this purpose. Nor will a protest be
						considered by the agency as establishing the truth of the assertions of the
						protest. Where a timely protest is received prior to any final action by the
						agency in the matter, or designating a proceeding for formal hearing, the
						protest will be considered in determining what action is appropriate. If a
						hearing has been ordered, the protest will be placed into a public file
						associated with, but not part of, the record upon which the decision of the
						agency is made, and will be available for further exploration of the
						substantive matters raised therein by the agency staff and the other parties as
						may be appropriate.
This section cited in 12 Pa. Code §
													11.8 (relating to petitions for
						  declaratory order); 34 Pa. Code §
													111.15 (relating to no other
						  pleadings allowed); 34 Pa. Code §
													131.32 (relating to petitions
						  except petitions for joinder and challenge proceedings); 34 Pa. Code 131.121
						  (relating to penalty proceedings initiated by a party); 40 Pa. Code §
													17.13 (relating to
						  protests/intervention procedure); 52 Pa. Code §
													1003.54 (relating to protests); 55
						  Pa. Code §
													41.61 (relating to filing of
						  petitions to intervene); 61 Pa. Code §
													703.2 (relating to petition
						  content); and 67 Pa. Code §
													441.3 (relating to permit
						  application procedure).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter A - PLEADINGS AND OTHER PRELIMINARY MATTERS › INTERVENTION › Section 35.27 - Initiation of intervention

Current through Register Vol. 54, No. 28, July 13, 2024
Participation in a proceeding as a party intervener may
						be initiated as follows:
(1) By the
					 filing of a notice of intervention by another agency of the Commonwealth which
					 is authorized by statute to participate in the proceeding.
(2) By order of the agency upon petition to
					 intervene.
This section cited in 1 Pa. Code §
													31.3 (relating to definitions); 7
						  Pa. Code §
													131.14 (relating to interveners); 7
						  Pa. Code §
													179.17 (relating to intervention);
						  25 Pa. Code §
													1021.81 (relating to intervention);
						  28 Pa. Code §
													301.7 (relating to fair hearing);
						  34 Pa. Code §
													111.15 (relating to no other
						  pleadings allowed); 34 Pa. Code §
													131.32 (relating to petitions
						  except petitions for joinder and challenge proceedings); 40 Pa. Code §
													17.13 (relating to
						  protests/intervention procedure); 49 Pa. Code §
													19.33 (relating to intervention);
						  52 Pa. Code §
													5.71 (relating to initiation of
						  intervention); 52 Pa. Code §
													1005.31 (relating to initiation of
						  intervention); 58 Pa. Code §
													493a.12 (relating to intervention);
						  61 Pa. Code §
													703.2 (relating to petition
						  content); 67 Pa. Code §
													441.3 (relating to permit
						  application procedure); and 67 Pa. Code §
													491.6 (relating to notice and
						  conduct of hearings).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter A - PLEADINGS AND OTHER PRELIMINARY MATTERS › INTERVENTION › Section 35.28 - Eligibility to intervene

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Persons.
A petition to intervene may be filed by a person
					 claiming a right to intervene or an interest of such nature that intervention
					 is necessary or appropriate to the administration of the statute under which
					 the proceeding is brought. The right or interest may be one of the following:
(1) A right conferred by statute of the
					 United States or of this Commonwealth.
(2) An interest which may be directly
					 affected and which is not adequately represented by existing parties, and as to
					 which petitioners may be bound by the action of the agency in the proceeding.
					 The following may have an interest: consumers, customers or other patrons
					 served by the applicant or respondent; holders of securities of the applicant
					 or respondent; employes of the applicant or respondent; competitors of the
					 applicant or respondent.
(3) Other
					 interest of such nature that participation of the petitioner may be in the
					 public interest.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter A - PLEADINGS AND OTHER PRELIMINARY MATTERS › INTERVENTION › Section 35.29 - Form and contents of petitions to intervene

Current through Register Vol. 54, No. 28, July 13, 2024
Petitions to intervene shall set out clearly and
						concisely the facts from which the nature of the alleged right or interest of
						the petitioner can be determined, the grounds of the proposed intervention, and
						the position of the petitioner in the proceeding, so as fully and completely to
						advise the parties and the agency as to the specific issues of fact or law to
						be raised or controverted, by admitting, denying or otherwise answering,
						specifically and in detail, each material allegation of fact or law asserted in
						the proceeding, and citing by appropriate reference the statutory provisions or
						other authority relied on.
This section cited in 1 Pa. Code §
													31.3 (relating to definitions); 7
						  Pa. Code §
													131.14 (relating to interveners); 7
						  Pa. Code §
													179.17 (relating to intervention);
						  25 Pa. Code §
													1021.81 (relating to intervention);
						  28 Pa. Code §
													301.7 (relating to fair hearing);
						  34 Pa. Code §
													111.15 (relating to no other
						  pleadings allowed); 34 Pa. Code §
													131.32 (relating to petitions
						  except petitions for joinder and challenge proceedings); 34 Pa. Code §
													225.8 (relating to petition to
						  intervene); 37 Pa. Code §
													197.40a (relating to petition to
						  intervene); 40 Pa. Code §
													17.13 (relating to
						  protests/intervention procedure); 49 Pa. Code §
													19.33 (relating to intervention);
						  52 Pa. Code §
													5.73 (relating to form and content
						  of petitions to intervene); 52 Pa. Code §
													1005.33 (relating to form and
						  content of petitions to intervene); 58 Pa. Code §
													493a.12 (relating to intervention);
						  61 Pa. Code §
													703.2 (relating to petition
						  content); 67 Pa. Code §
													441.3 (relating to permit
						  application procedure); and 67 Pa. Code §
													491.6 (relating to notice and
						  conduct of hearing).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter A - PLEADINGS AND OTHER PRELIMINARY MATTERS › INTERVENTION › Section 35.30 - Filing of petitions to intervene

Current through Register Vol. 54, No. 28, July 13, 2024
Petitions to intervene and notices of intervention may be
						filed at any time following the filing of an application, petition, complaint,
						or other document seeking agency action, but in no event later than the date
						fixed for the filing of petitions to intervene in any order or notice with
						respect to the proceedings published in the
Pennsylvania
						Bulletin
, unless, in extraordinary circumstances for good cause shown,
						the agency authorizes a late filing. Where a person has been permitted to
						intervene notwithstanding his failure to file his petition within the time
						prescribed in this section, the agency head or presiding officer may, where the
						circumstances warrant, permit the waiver of the requirements of §
											35.169 (relating to copies to
						parties and agency) with respect to copies of exhibits for the
						intervener.
This section cited in 1 Pa. Code §
													31.3 (relating to definitions); 7
						  Pa. Code §
													131.14 (relating to interveners); 7
						  Pa. Code §
													179.17 (relating to intervention);
						  25 Pa. Code §
													1021.81 (relating to intervention);
						  28 Pa. Code §
													301.7 (relating to fair hearing);
						  34 Pa. Code §
													111.15 (relating to no other
						  pleadings allowed); 34 Pa. Code §
													131.32 (relating to petitions
						  except petitions for joinder and challenge proceedings); 37 Pa. Code §
													197.40a (relating to petition to
						  intervene); 40 Pa. Code §
													17.13 (relating to
						  protests/intervention procedure); 49 Pa. Code §
													19.33 (relating to intervention);
						  52 Pa. Code §
													5.74 (relating to filing of
						  petitions to intervene); 52 Pa. Code §
													1005.34 (relating to filing of
						  petitions to intervene); 58 Pa. Code §
													493a.12 (relating to intervention);
						  61 Pa. Code §
													703.2 (relating to petition
						  content); 67 Pa. Code §
													441.3 (relating to permit
						  application procedure); and 67 Pa. Code §
													491.6 (relating to notice and
						  conduct of hearing).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter A - PLEADINGS AND OTHER PRELIMINARY MATTERS › INTERVENTION › Section 35.31 - Notice and action on petitions to intervene

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Notice and service.
Petitions to intervene, when tendered to an agency for filing, shall show
					 service thereof upon participants to the proceeding in conformity with §
											33.32 (relating to service by a
					 participant).
(b)
Action on
					 petitions.
As soon as practicable after the expiration of the time for
					 filing answers to the petitions or default thereof, as provided in §
											35.36 (relating to answers to
					 petitions to intervene), the agency will grant or deny the petition in whole or
					 in part or may, if found to be appropriate, authorize limited participation. No
					 petitions to intervene may be filed or will be acted upon during a hearing
					 unless permitted by the agency after opportunity for all parties to object
					 thereto. Only to avoid detriment to the public interest will any presiding
					 officer tentatively permit participation in a hearing in advance of, and then
					 only subject to, the granting by the agency of a petition to
					 intervene.
This section cited in 1 Pa. Code §
													31.3 (relating to definitions); 7
						  Pa. Code §
													131.11 (relating to time); 7 Pa.
						  Code §
													131.14 (relating to interveners); 7
						  Pa. Code §
													179.17 (relating to intervention);
						  25 Pa. Code §
													1021.81 (relating to intervention);
						  28 Pa. Code §
													301.7 (relating to fair hearing);
						  34 Pa. Code §
													131.32 (relating to petitions
						  except petitions for joinder and challenge proceedings); 40 Pa. Code §
													17.13 (relating to
						  protests/intervention procedure); 49 Pa. Code §
													19.33 (relating to intervention);
						  52 Pa. Code §
													5.75 (relating to notice, service
						  and action on petitions to intervene); 52 Pa. Code §
													1005.35 (relating to notice,
						  service and action on petitions to intervene); 58 Pa. Code §
													493a.12 (relating to intervention);
						  61 Pa. Code §
													703.2 (relating to petition
						  content); 67 Pa. Code §
													441.3 (relating to permit
						  application procedure); and 67 Pa. Code §
													491.6 (relating to notice and
						  conduct of hearing).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter A - PLEADINGS AND OTHER PRELIMINARY MATTERS › INTERVENTION › Section 35.32 - Limitation of participation in hearings

Current through Register Vol. 54, No. 28, July 13, 2024
Where there are two or more interveners having
						substantially like interests and positions, the agency head or presiding
						officer may, in order to expedite the hearing, arrange appropriate limitations
						on the number of attorneys who will be permitted to cross-examine and make and
						argue motions and objections on behalf of the interveners.
This section cited in 7 Pa. Code §
													179.17 (relating to intervention);
						  25 Pa. Code §
													1021.81 (relating to intervention);
						  28 Pa. Code §
													301.7 (relating to fair hearing);
						  34 Pa. Code §
													131.32 (relating to petitions
						  except petitions for joinder and challenge proceedings); 40 Pa. Code §
													17.13 (relating to
						  protests/intervention procedure); 49 Pa. Code §
													19.33 (relating to intervention);
						  52 Pa. Code §
													5.76 (relating to limitation of
						  participation in hearings); 52 Pa. Code §
													1005.36 (relating to limitation of
						  participation in hearings); 58 Pa. Code §
													493a.12 (relating to intervention);
						  61 Pa. Code §
													703.2 (relating to petition
						  content); 67 Pa. Code §
													441.3 (relating to permit
						  application procedure); and 67 Pa. Code §
													491.6 (relating to notice and
						  conduct of hearing).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter A - PLEADINGS AND OTHER PRELIMINARY MATTERS › ANSWERS › Section 35.36 - Answers to petitions to intervene

Current through Register Vol. 54, No. 28, July 13, 2024
A participant may file an answer to a petition to
						intervene, and in default thereof, may be deemed to have waived an objection to
						the granting of the petition. If made, answers shall be filed within 10 days
						after the date of service of the petition, but no later than 5 days prior to
						the date set for the commencement of the hearing, if any, unless for cause the
						agency with or without motion shall prescribe a different
						time.
This section cited in 1 Pa. Code §
													35.31 (relating to notice and
						  action on petitions to intervene); 7 Pa. Code §
													179.14 (relating to answers to
						  complaints, petitions, motions and other filings requiring a response); 7 Pa.
						  Code §
													179.17 (relating to intervention);
						  12 Pa. Code §
													11.9 (relating to answers to
						  complaints and petitions); 25 Pa. Code §
													1021.81 (relating to intervention);
						  34 Pa. Code §
													111.15 (relating to no other
						  pleadings allowed); 34 Pa. Code §
													131.33 (relating to answers except
						  answers to petitions for joinder and challenge proceedings); 34 Pa. Code §
													131.121 (relating to penalty
						  proceedings initiated by a party); 34 Pa. Code §
													225.8 (relating to petition to
						  intervene); 40 Pa. Code §
													17.13 (relating to
						  protests/intervention procedure); 52 Pa. Code §
													5.66 (relating to answers to
						  petitions to intervene); 52 Pa. Code §
													1005.45 (relating to answers to
						  petitions to intervene); 55 Pa. Code §
													41.72 (relating to answers to
						  petitions to intervene); 58 Pa. Code §
													493a.5 (relating to answers to
						  complaints, petitions, motions and other filings requiring a response); 58 Pa.
						  Code §
													493a.12 (relating to intervention);
						  61 Pa. Code §
													703.2 (relating to petition
						  content); and 67 Pa. Code §
													491.6 (relating to notice and
						  conduct of hearing).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter A - PLEADINGS AND OTHER PRELIMINARY MATTERS › ANSWERS › Section 35.38 - Respondents seeking affirmative relief

Current through Register Vol. 54, No. 28, July 13, 2024
Respondents seeking relief against other parties in a
						proceeding by reason of the presence of common questions of law or fact shall
						set forth in their answer the facts constituting the grounds of complaint; the
						provisions of the statutes, rules, regulations or orders relied upon; the
						injury complained of; and the relief sought. The answer shall in all other
						respects conform to the requirements of this part for answers
						generally.
This section cited in 7 Pa. Code §
													179.14 (relating to answers to
						  complaints, petitions, motions and other filings requiring a response); 12 Pa.
						  Code §
													11.9 (relating to answers to
						  complaints and petitions); 34 Pa. Code §
													111.15 (relating to no other
						  pleadings allowed); 34 Pa. Code §
													131.33 (relating to answers except
						  answers to petitions for joinder and challenge proceedings); 34 Pa. Code §
													131.121 (relating to penalty
						  proceedings initiated by a party); 40 Pa. Code §
													17.13 (relating to
						  protests/intervention procedure); 52 Pa. Code §
													1005.42 (relating to answers
						  seeking affirmative relief or raising new matter); 58 Pa. Code §
													493a.5 (relating to answers to
						  complaints, petitions, motions and other filings requiring a response); and 61
						  Pa. Code §
													703.2 (relating to petition
						  content).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter A - PLEADINGS AND OTHER PRELIMINARY MATTERS › ANSWERS › Section 35.39 - Replies to respondents seeking affirmative relief

Current through Register Vol. 54, No. 28, July 13, 2024
Unless otherwise ordered by the agency, replies to
						answers seeking affirmative relief shall be filed and served within 15 days
						after the service of the answer, but not later than 5 days prior to the date
						set for the commencement of the hearing, if any.
This section cited in 1 Pa. Code §
													35.55 (relating to motions as to
						  answer); 7 Pa. Code §
													179.14 (relating to answers to
						  complaints, petitions, motions and other filings requiring a response); 12 Pa.
						  Code §
													11.9 (relating to answers to
						  complaints and petitions); 34 Pa. Code §
													111.15 (relating to no other
						  pleadings allowed); 34 Pa. Code §
													131.33 (relating to answers except
						  answers to petitions for joinder and challenge proceedings); 34 Pa. Code §
													131.121 (relating to penalty
						  proceedings initiated by a party); 40 Pa. Code §
													17.13 (relating to
						  protests/intervention procedure); 52 Pa. Code §
													5.63 (relating to replies to
						  answers seeking affirmative relief); 52 Pa. Code §
													1005.43 (relating to replies to
						  answers seeking affirmative relief or new matter); 55 Pa. Code §
													41.61 (relating to filing of
						  petitions to intervene); 58 Pa. Code §
													493a.5 (relating to answers to
						  complaints, petitions, motions and other filings requiring a response); and 61
						  Pa. Code §
													703.2 (relating to petition
						  content).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter A - PLEADINGS AND OTHER PRELIMINARY MATTERS › ANSWERS › Section 35.40 - Answers to amendments of pleadings

Current through Register Vol. 54, No. 28, July 13, 2024
A participant may file an answer to an amendment,
						modification or supplement to an application, complaint, petition or other
						pleading. If made, answers shall be filed within 15 days after the date of
						service of the amendment, modification or supplement, unless for cause the
						agency head or presiding officer with or without motion shall prescribe a
						different time.
This section cited in 7 Pa. Code §
													179.14 (relating to answers to
						  complaints, petitions, motions and other filings requiring a response); 12 Pa.
						  Code §
													11.9 (relating to answers to
						  complaints and petitions); 34 Pa. Code §
													111.15 (relating to no other
						  pleadings allowed); 34 Pa. Code §
													131.33 (relating to answers except
						  answers to petitions for joinder and challenge proceedings); 34 Pa. Code §
													131.35 (relating to amendments to
						  pleadings); 34 Pa. Code 131.36 (relating to joinder); 34 Pa. Code §
													131.57 (relating to compromise and
						  release agreements); 34 Pa. Code §
													131.121 (relating to penalty
						  proceedings initiated by a party); 40 Pa. Code §
													17.13 (relating to
						  protests/intervention procedure); 52 Pa. Code §
													5.65 (relating to answers to
						  amendments of pleadings); 52 Pa. Code §
													1005.44 (relating to answers to
						  amendments of pleadings); 55 Pa. Code §
													41.61 (relating to filing of
						  petitions to intervene); 58 Pa. Code §
													493a.5 (relating to answers to
						  complaints, petitions, motions and other filings requiring a response); 58 Pa.
						  Code §
													493a.7 (relating to amendments and
						  withdrawal of pleadings); and 61 Pa. Code §
													703.2 (relating to petition
						  content).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter A - PLEADINGS AND OTHER PRELIMINARY MATTERS › ANSWERS › Section 35.41 - Satisfaction of complaints

Current through Register Vol. 54, No. 28, July 13, 2024
If the respondent satisfies a formal complaint either
						before or after answering, a statement to that effect signed by the opposing
						parties shall be filed, setting forth when and how the complaint has been
						satisfied and requesting dismissal.
This section cited in 12 Pa. Code §
													11.9 (relating to answers to
						  complaints and petitions); 34 Pa. Code §
													111.15 (relating to no other
						  pleadings allowed); 34 Pa, Code 131.33 (relating to answers except answers to
						  petitions for joinder and challenge proceedings); 34 Pa. Code §
													131.57 (relating to compromise and
						  release agreements); 34 Pa. Code §
													131.121 (relating to penalty
						  proceedings initiated by a party); 40 Pa. Code §
													17.13 (relating to
						  protests/intervention procedure); 52 Pa. Code §
													5.24 (relating to satisfaction of
						  formal complaints); 52 Pa. Code §
													1005.15 (relating to satisfaction
						  of formal complaints); 55 Pa. Code §
													41.61 (relating to filing of
						  petitions to intervene); 58 Pa. Code §
													493a.3 (relating to satisfaction of
						  complaints); and 61 Pa. Code §
													703.2 (relating to petition
						  content).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter A - PLEADINGS AND OTHER PRELIMINARY MATTERS › CONSOLIDATION › Section 35.45 - Consolidation

Current through Register Vol. 54, No. 28, July 13, 2024
By order of the agency, proceedings involving a common
						question of law or fact may be joined for hearing of the matters in issue in
						the proceedings, and the proceedings may be consolidated; and the agency may
						make the orders concerning the conduct of the proceedings as may avoid
						unnecessary costs or delay.
This section cited in 4 Pa. Code §
													607a.9 (relating to consolidation
						  of proceedings); 7 Pa. Code §
													179.58 (relating to consolidation);
						  25 Pa. Code §
													1021.82 (relating to
						  consolidation); 34 Pa. Code §
													131.30 (relating to consolidation);
						  37 Pa. Code §
													197.39 (relating to consolidation
						  of appeals); 37 Pa. Code §
													197.63 (relating to consolidation
						  of petitions); 52 Pa. Code §
													5.81 (relating to consolidation);
						  52 Pa. Code §
													1005.51 (relating to
						  consolidation); 55 Pa. Code §
													41.81 (relating to consolidation of
						  provider appeals); 58 Pa. Code §
													493a.6 (relating to consolidation);
						  61 Pa. Code §
													703.2 (relating to petition
						  content); and 61 Pa. Code §
													703.7 (relating to
						  consolidation).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter A - PLEADINGS AND OTHER PRELIMINARY MATTERS › AMENDMENT AND WITHDRAWAL OF PLEADINGS › Section 35.48 - Amendments of pleadings generally

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 A modification of or supplement to an application, complaint, petition or other
					 pleading shall be deemed as an amendment to the pleading, and shall comply with
					 the requirements of this subchapter relating to the pleading amended insofar as
					 appropriate. Upon its own motion or upon motion promptly filed by a
					 participant, the agency may for good cause decline to permit, or may strike in
					 whole or part, an amendment.
(b)
					 Except as otherwise provided in this subsection, no amendment to a pleading may
					 be filed within 5 days next preceding the commencement of or during a hearing
					 unless directed or permitted by the agency head or the presiding officer after
					 opportunity for all parties to be heard thereon. An amendment in a licensing or
					 certification proceeding which reduces the scope of the application may be
					 filed at any time, if permitted by the agency head or the presiding
					 officer.
This section cited in 34 Pa. Code §
													111.15 (relating to no other
						  pleadings allowed); 34 Pa. Code §
													131.35 (relating to amendments to
						  pleadings); 34 Pa. Code §
													131.36 (relating to joinder); 34
						  Pa. Code §
													131.57 (relating to compromise and
						  release agreements); 34 Pa. Code §
													131.60 (relating to resolution
						  hearings); 52 Pa. Code §
													5.91 (relating to amendments of
						  pleadings generally); 52 Pa. Code §
													1005.61 (relating to amendments of
						  pleadings generally); 52 Pa. Code §
													1005.62 (relating to amendments to
						  conform to the evidence); 55 Pa. Code §
													41.82 (relating to amendments of
						  requests for hearing); 58 Pa. Code §
													493a.7 (relating to amendments and
						  withdrawal of pleadings); and 61 Pa. Code §
													703.2 (relating to petition
						  content).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter A - PLEADINGS AND OTHER PRELIMINARY MATTERS › AMENDMENT AND WITHDRAWAL OF PLEADINGS › Section 35.49 - Amendments to conform to the evidence

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When, at a hearing, issues not raised by
					 the pleadings are introduced by express or implied consent of the parties, they
					 shall be treated as if they had been raised in the pleadings. The amendment of
					 the pleadings as may be necessary to cause them to conform to the evidence and
					 to raise these new issues may be made upon motion of a participant at any time
					 during the hearing. If evidence upon the new issues is objected to on the
					 ground that it is not within the issues raised by the pleadings, the agency
					 head or the presiding officer may allow the pleadings to be amended and the
					 evidence to be received, when it appears that the presentation of the merits of
					 the proceeding will be served thereby without prejudicing the public interest
					 or the rights of any participant. When in the discretion of the agency head or
					 the presiding officer, a continuance is necessary in order to enable the
					 objecting participant to meet the new issues and evidence, a continuance may be
					 granted by the agency head or the presiding officer, as provided in §
											31.15 (relating to extensions of
					 time).
(b) If an amendment adopted
					 under subsection (a) has the effect of broadening the issues in the proceeding,
					 notice of the amendment shall be given in the same manner as notice was given
					 at the commencement of the proceeding and to the same class of persons who
					 received the notice.
This section cited in 34 Pa. Code §
													111.15 (relating to no other
						  pleadings allowed); 34 Pa. Code §
													131.35 (relating to amendments to
						  pleadings); 34 Pa. Code §
													131.36 (relating to joinder); 34
						  Pa. Code §
													131.57 (relating to compromise and
						  release agreements); 34 Pa. Code §
													131.60 (relating to resolution
						  hearings); 52 Pa. Code §
													5.92 (relating to amendments to
						  conform to the evidence); 52 Pa. Code §
													1005.62 (relating to amendments to
						  conform to the evidence); 55 Pa. Code §
													41.82 (relating to amendments of
						  requests for hearing); 58 Pa. Code §
													493a.7 (relating to amendments and
						  withdrawal of pleadings); and 61 Pa. Code §
													703.2 (relating to petition
						  content).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter A - PLEADINGS AND OTHER PRELIMINARY MATTERS › AMENDMENT AND WITHDRAWAL OF PLEADINGS › Section 35.50 - Directed amendments

Current through Register Vol. 54, No. 28, July 13, 2024
The agency head may at any time, or during a hearing the
						presiding officer may on his own motion or the motion of a participant, direct
						a party to state his case by way of amendment more fully or in more detail. The
						amendment shall be reduced to writing and filed within the time as may be fixed
						therefor.
This section cited in 34 Pa. Code §
													111.15 (relating to no other
						  pleadings allowed); 34 Pa. Code §
													131.35 (relating to amendments to
						  pleadings); 34 Pa. Code §
													131.36 (relating to joinder); 34
						  Pa. Code §
													131.57 (relating to compromise and
						  release agreements); 34 Pa. Code §
													131.60 (relating to resolution
						  hearings); 52 Pa. Code §
													5.93 (relating to directed
						  amendments); 52 Pa. Code §
													1005.63 (relating to directed
						  amendments); 55 Pa. Code §
													41.82 (relating to amendments of
						  requests for hearing); 58 Pa. Code §
													493a.7 (relating to amendments and
						  withdrawal of pleadings); and 61 Pa. Code §
													703.2 (relating to petition
						  content).