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 › AMENDMENT AND WITHDRAWAL OF PLEADINGS › Section 35.51 - Withdrawal of pleadings

Current through Register Vol. 54, No. 28, July 13, 2024
A participant desiring to withdraw a pleading filed with
						an agency may file a notice of withdrawal thereof with the agency. The notice
						shall set forth the reasons for the withdrawal. Unless otherwise ordered by the
						agency for good cause, the notice shall, 30 days after the filing thereof, be
						deemed to have effected the withdrawal of the pleading, including amendments,
						if any, except that this section shall not be construed as effecting, without
						express permission of the agency, withdrawal of the following:
(1) A pleading in a proceeding in which a
					 hearing has been held or convened.
(2) A formal complaint, answer thereto,
					 answer to order to show cause, or an amendment to any of the aforesaid
					 pleadings.
This section cited in 1 Pa. Code §
													33.42 (relating to withdrawal or
						  termination); 12 Pa. Code §
													11.10 (relating to withdrawal of
						  pleadings); 34 Pa. Code §
													95.97 (relating to motions for
						  withdrawal); 34 Pa. Code §
													111.15 (relating to no other
						  pleadings allowed); 34 Pa. Code §
													111.17 (relating to oral argument);
						  34 Pa. Code §
													131.34 (relating to other filings);
						  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); 37 Pa. Code §
													171.47 (relating to withdrawal of
						  motions); 52 Pa. Code §
													5.94 (relating to withdrawal of
						  pleadings in a contested proceeding); 52 Pa. Code §
													1005.64 (relating to withdrawal of
						  pleadings in a contested proceeding); 55 Pa. Code §
													41.83 (relating to withdrawal of
						  provider appeals); 58 Pa. Code §
													493a.7 (relating to amendments and
						  withdrawal of pleadings); 61 Pa. Code §
													703.2 (relating to petition
						  content); and 61 Pa. Code §
													703.9 (relating to withdrawal or
						  termination of appeal).
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 › MOTIONS › Section 35.54 - Motions as to complaint

Current through Register Vol. 54, No. 28, July 13, 2024
A respondent may file with his answer a motion that the
						allegations in the complaint be made more definite and certain, the motion to
						point out the defects complained of and details desired. A respondent may also
						file with his answer a motion to dismiss a complaint because of lack of legal
						sufficiency appearing on the face of the complaint.
This section cited in 12 Pa. Code §
													11.11 (relating to motions); 34 Pa.
						  Code §
													111.14 (relating to motions to
						  quash); 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 §
													131.24 (relating to recusal of
						  judge); 34 Pa. Code §
													131.33 (relating to answers except
						  answers to petitions for joinder and challenge proceedings); 34 Pa. Code §
													131.36 (relating to joinder); 34
						  Pa. Code §
													131.53b (relating to bifurcation
						  and motions for disposition of a petition); 34 Pa. Code §
													131.101 (relating to briefs,
						  findings of fact and close of record); 34 Pa. Code §
													131.112 (relating to correction or
						  amendment of decision); 34 Pa. Code §
													131.121 (relating to penalty
						  proceedings initiated by a party); 37 Pa. Code §
													197.40 (relating to preliminary
						  motions); 52 Pa. Code §
													5.101 (relating to preliminary
						  objections); 52 Pa. Code §
													1005.71 (relating to motions); 55
						  Pa. Code §
													41.131 (relating to motions in
						  general); 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 › MOTIONS › Section 35.55 - Motions as to answer

Current through Register Vol. 54, No. 28, July 13, 2024
Except as provided in §
											35.39 (relating to replies to
						respondents seeking affirmative relief), no replication to the answer shall be
						filed, but a participant may file, within 10 days after the filing of an
						answer, a motion that the answer be made more definite and certain, the motion
						to point out the defects complained of and the details
						desired.
This section cited in 12 Pa. Code §
													11.11 (relating to motions); 34 Pa.
						  Code §
													111.14 (relating to motions to
						  quash); 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 §
													131.24 (relating to recusal of
						  judge); 34 Pa. Code §
													131.33 (relating to answers except
						  answers to petitions for joinder and challenge proceedings); 34 Pa. Code §
													131.36 (relating to joinder); 34
						  Pa. Code §
													131.53b (relating to bifurcation
						  and motions for disposition of a petition); 34 Pa. Code §
													131.101 (relating to briefs,
						  findings of fact and close of record); 34 Pa. Code §
													131.112 (relating to correction or
						  amendment of decision); 34 Pa. Code §
													131.121 (relating to penalty
						  proceedings initiated by a party); 52 Pa. Code §
													5.101 (relating to preliminary
						  objections); 52 Pa. Code §
													1005.71 (relating to motions); 55
						  Pa. Code §
													41.131 (relating to motions in
						  general); 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 B - HEARINGS AND CONFERENCES › GENERAL › Section 35.101 - Waiver of hearing

Current through Register Vol. 54, No. 28, July 13, 2024
In any proceeding in which an agency is authorized to act
						after opportunity for hearing, if the participants waive hearing, such
						opportunity shall be deemed to have been afforded by publication in the
Pennsylvania Bulletin
of notice of the application or other
						initial pleading, request, or other filing, such notice fixing a reasonable
						period of time within which any person desiring to be heard may file a petition
						to intervene and a request for a hearing. Upon the expiration of such period of
						time, in the absence of a request for hearing, the agency may forthwith dispose
						of the matter upon the basis of the pleadings or submittals and the studies and
						recommendations of the staff. A party not requesting oral hearing in its
						pleadings shall be deemed to have waived a hearing for the purpose of such
						disposition, but shall not be bound by such waiver for the purposes of any
						application for reopening, rehearing or reconsideration with respect to an
						order so entered.
This section cited in 7 Pa. Code §
													131.32 (relating to hearings); 7
						  Pa. Code §
													175.8 (relating to waiver of
						  hearings); 7 Pa. Code §
													177.8 (relating to waiver of
						  hearings); 7 Pa. Code §
													179.57 (relating to waiver of
						  hearing); 7 Pa. Code §
													179.103 (relating to waiver of oral
						  hearing); 12 Pa. Code §
													11.12 (relating to hearings); 22
						  Pa. Code §
													351.1 (relating to purpose and
						  scope); 25 Pa. Code §
													1021.112 (relating to waiver of
						  hearings); 34 Pa. Code §
													131.53a (relating to consolidated
						  hearing procedure); 34 Pa. Code §
													131.57 (relating to compromise and
						  release agreements); 34 Pa. Code §
													131.203 (relating to hearing
						  procedures); 52 Pa. Code §
													5.201 (relating to notice of
						  proceeding; hearing; waiver of hearing); 52 Pa. Code §
													1005.81 (relating to notice of
						  proceeding; hearing; waiver of hearing); 55 Pa. Code §
													41.91 (relating to waiver of
						  hearings); 58 Pa. Code §
													491a.8 (relating to hearings
						  generally); and 61 Pa. Code §
													703.31 (relating to disposition of
						  petitions).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter B - HEARINGS AND CONFERENCES › GENERAL › Section 35.102 - Hearing calendar

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 agency will maintain a hearing calendar of all proceedings set for
					 hearing.
(b) In the absence of
					 cause requiring otherwise, and as time, the nature of the proceedings, and the
					 proper execution of the functions of the agency permit, matters required to be
					 determined upon the record after hearing or opportunity for hearing will be
					 placed upon the hearing calendar. Proceedings pending upon this calendar will
					 in their order of assignment, so far as practicable, be heard at the times and
					 places fixed by the agency head or presiding officer, giving due regard to the
					 convenience and necessity of the parties or their attorneys. The agency, in its
					 discretion with or without motion, for cause may at any time with due notice to
					 the participants advance or postpone any proceeding on the hearing
					 calendar.
This section cited in 1 Pa. Code §
													35.187 (relating to authority
						  delegated to presiding officers); 7 Pa. Code §
													179.51 (relating to generally); 7
						  Pa. Code §
													179.54 (relating to scheduling of
						  hearing); 12 Pa. Code §
													11.12 (relating to hearings); 22
						  Pa. Code §
													351.1 (relating to purpose and
						  scope); 34 Pa. Code §
													131.13 (relating to continuances or
						  postponements of hearings); 34 Pa. Code §
													131.53a (relating to consolidated
						  hearing procedure); 34 Pa. Code §
													131.57 (relating to compromise and
						  release agreements); 34 Pa. Code §
													131.203 (relating to hearing
						  procedures); 52 Pa. Code §
													5.202 (relating to scheduling of
						  hearing); 52 Pa. Code §
													1005.82 (relating to scheduling of
						  hearing); 58 Pa. Code §
													494a.1 (relating to generally); and
						  61 Pa. Code §
													703.33 (relating to scheduling of
						  hearing).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter B - HEARINGS AND CONFERENCES › NOTICE OF HEARING › Section 35.103 - Preliminary notice to Department of Justice

Current through Register Vol. 54, No. 28, July 13, 2024
Before notice of any hearing leading to an adjudication
						is given, any agency subject to
						2
						Pa.C.S. §
												508 (relating to notice to
						Department of Justice) will submit the matter to its representative in the
						Department of Justice who will pass upon the legality of the proposed action or
						defense.
This section cited in 12 Pa. Code §
													11.13 (relating to notice of
						  hearings); 22 Pa. Code §
													351.1 (relating to purpose and
						  scope); 34 Pa. Code §
													131.53a (relating to consolidated
						  hearing procedure); 34 Pa. Code §
													131.57 (relating to compromise and
						  release agreements); 34 Pa. Code §
													131.203 (relating to hearing
						  procedures); 40 Pa. Code §
													15.45 (relating to notice of
						  hearings; effect of waiver of hearing); 52 Pa. Code §
													5.201 (relating to notice of
						  proceeding; hearing; waiver of hearing); 52 Pa. Code §
													1005.81 (relating to notice of
						  proceeding; hearing; waiver of hearing); 55 Pa. Code §
													41.5 (relating to jurisdiction of
						  the Bureau); 61 Pa. Code §
													703.32 (relating to notice of
						  proceeding); and 61 Pa. Code §
													703.33 (relating to scheduling of
						  hearing).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter B - HEARINGS AND CONFERENCES › NOTICE OF HEARING › Section 35.104 - Notice of rulemaking proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Before the adoption of any regulation, or
					 the commencement of any hearing on any proposed rulemaking, the agency will
					 cause general notice to be published as provided in Chapter 7 (relating to
					 procedure for adoption or change of regulations).
(b) If a hearing will be held to consider the
					 rulemaking proposal, the order or notice will state the time and place of
					 hearing, and nature of the proceeding, recite the statutory or other authority
					 under which the regulation is proposed to be adopted, and include either the
					 terms of the proposed regulation as provided in §
											7.1(1) (relating
					 to notice of proposed rulemaking required), or a description of the subjects
					 and issues involved to inform interested persons of the nature of the
					 proceeding, so as to permit any interested persons to submit data, views or
					 proposals relative thereto; and such notice will set forth a time period within
					 which interested persons may submit written data, views, arguments or other
					 comments concerning the proposed regulation, or request oral argument
					 thereon.
This section cited in 1 Pa. Code §
													35.105 (relating to notice of
						  nonrulemaking proceedings); 12 Pa. Code §
													11.13 (relating to notice of
						  hearings); 22 Pa. Code §
													351.1 (relating to purpose and
						  scope); 34 Pa. Code §
													131.53a (relating to consolidated
						  hearing procedure); 34 Pa. Code §
													131.57 (relating to compromise and
						  release agreements); 34 Pa. Code §
													131.203 (relating to hearing
						  procedures); 40 Pa. Code §
													15.45 (relating to notice of
						  hearings; effect of waiver of hearing); 52 Pa. Code §
													5.211 (relating to notice of
						  rulemaking proceedings); 52 Pa. Code §
													1001.112 (relating to notice of
						  rulemaking proceedings); 61 Pa. Code §
													703.32 (relating to notice of
						  proceeding); and 61 Pa. Code §
													703.33 (relating to scheduling of
						  hearing).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter B - HEARINGS AND CONFERENCES › NOTICE OF HEARING › Section 35.106 - Contents of notice of nonrulemaking proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
The order or notice initiating a hearing for a purpose
						other than rulemaking will set forth the authority and jurisdiction under which
						the hearing is to be held, will state the nature of the proceeding, and will
						specify the final date for the filing of protests to the authorization sought
						and for the filing of petitions and notices to intervene except in cases where
						such date has been fixed by a former notice. The order or notice initiating the
						hearing will not specify the date of hearing unless the agency deems it
						appropriate that it do so.
This section cited in 4 Pa. Code §
													89.23 (relating to notice); 6 Pa.
						  Code §
													30.14 (relating to procedure for
						  designation); 12 Pa. Code §
													11.13 (relating to notice of
						  hearings); 22 Pa. Code §
													351.1 (relating to purpose and
						  scope); 34 Pa. Code §
													131.53a (relating to consolidated
						  hearing procedure); 34 Pa. Code §
													131.57 (relating to compromise and
						  release agreements); 34 Pa. Code §
													131.203 (relating to hearing
						  procedures); 40 Pa. Code §
													15.45 (relating to notice of
						  hearings; effect of waiver of hearing); 52 Pa. Code §
													5.212 (relating to notice of
						  nonrulemaking proceedings); 52 Pa. Code §
													1005.83 (relating to notice of
						  nonrulemaking proceedings); 55 Pa. Code §
													41.32 (relating to timeliness and
						  perfection of requests for hearing); 61 Pa. Code §
													703.32 (relating to notice of
						  proceeding); and 61 Pa. Code §
													703.33 (relating to scheduling of
						  hearing).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter B - HEARINGS AND CONFERENCES › HEARING › Section 35.121 - Initiation of hearings

Current through Register Vol. 54, No. 28, July 13, 2024
Hearings for the purpose of taking evidence will be
						initiated by the agency by issuance of an order or by notice announcing the
						initiation of a hearing.
This section cited in 4 Pa. Code §
													265.3 (relating to level II
						  hearings); 4 Pa. Code §
													607a.6 (relating to order to show
						  cause); 4 Pa. Code §
													607a.11 (relating to notice of
						  hearing); 4 Pa. Code §
													607a.25 (relating to generally); 4
						  Pa. Code §
													607a.26 (relating to notice of list
						  cancellation hearing); 7 Pa. Code §
													131.32 (relating to hearings); 7
						  Pa. Code §
													179.53 (relating to Commission
						  hearings); 10 Pa. Code §
													3.11 (relating to hearing rules);
						  25 Pa. Code §
													1021.101 (relating to prehearing
						  procedure); 25 Pa. Code §
													1021.111 (relating to initiation of
						  hearings); 34 Pa. Code §
													131.53a (relating to consolidated
						  hearing procedure); 34 Pa. Code §
													131.57 (relating to compromise and
						  release agreements); 34 Pa. Code §
													131.203 (relating to hearing
						  procedures); 40 Pa. Code §
													15.46 (relating to hearings); 52
						  Pa. Code §
													5.201 (relating to notice of
						  proceeding; hearing; waiver of hearing); 52 Pa. Code §
													5.203 (relating to hearing in rate
						  proceedings); 52 Pa. Code §
													1005.81 (relating to notice of
						  proceeding; hearing; waiver of hearing); 55 Pa. Code §
													41.151 (relating to initiation of
						  hearings); 58 Pa. Code §
													145.6 (relating to scheduling of
						  the hearing); 58 Pa. Code §
													494a.2 (relating to oral hearings);
						  67 Pa. Code §
													491.3 (relating to request for
						  hearing); 61 Pa. Code §
													703.31 (relating to disposition of
						  petitions); 61 Pa. Code §
													703.33 (relating to scheduling of
						  hearing); and 67 Pa. Code §
													491.4 (relating to institution of
						  proceedings).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter B - HEARINGS AND CONFERENCES › HEARING › Section 35.122 - Consolidation of formal proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
The agency, with or without motion, may order proceedings
						involving a common question of law or fact to be consolidated for hearing of
						the matters in issue in such proceedings.
This section cited in 4 Pa. Code §
													607a.9 (relating to consolidation
						  of proceedings); 7 Pa. Code §
													131.32 (relating to hearings); 7
						  Pa. Code §
													179.53 (relating to Commission
						  hearings); 10 Pa. Code §
													3.11 (relating to hearing rules);
						  34 Pa. Code §
													131.53a (relating to consolidated
						  hearing procedures); 34 Pa. Code §
													131.57 (relating to compromise and
						  release agreements); 34 Pa. Code §
													131.203 (relating to hearing
						  procedures); 40 Pa. Code §
													15.46 (relating to hearings); 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 §
													494a.2 (relating to oral hearings);
						  61 Pa. Code §
													703.7 (relating to consolidation);
						  and 61 Pa. Code §
													703.31 (relating to disposition of
						  petitions).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter B - HEARINGS AND CONFERENCES › HEARING › Section 35.123 - Conduct of hearings

Current through Register Vol. 54, No. 28, July 13, 2024
Hearings will be held before the agency head or a
						presiding officer designated under Subchapter E (relating to presiding
						officers).
This section cited in 4 Pa. Code §
													607a.15 (relating to form of
						  hearings); 4 Pa. Code §
													607a.27 (relating to format of
						  hearing); 6 Pa. Code §
													22.95 (relating to formal appeals
						  and hearings); 7 Pa. Code §
													179.51 (relating to generally); 7
						  Pa. Code §
													179.53 (relating to Commission
						  hearings); 10 Pa. Code §
													3.11 (relating to hearing rules);
						  25 Pa. Code §
													1021.116 (relating to conduct of
						  hearings); 28 Pa. Code §
													301.7 (relating to fair hearing);
						  34 Pa. Code §
													131.53a (relating to consolidated
						  hearing procedures); 34 Pa. Code §
													131.56a (relating to withdrawal of
						  appearance); 34 Pa. Code §
													131.57 (relating to compromise and
						  release agreements); 34 Pa. Code §
													131.202 (relating to first hearing
						  information and stay); 34 Pa. Code §
													131.203 (relating to hearing
						  procedures); 40 Pa. Code §
													15.46 (relating to hearings); 52
						  Pa. Code §
													5.203 (relating to hearing in rate
						  proceedings); 52 Pa. Code §
													1005.82 (relating to scheduling of
						  hearing); 58 Pa. Code §
													145.8 (relating to conduct of the
						  formal hearing); 58 Pa. Code §
													494a.1 (relating to generally); 58
						  Pa. Code §
													494a.2 (relating to oral hearings);
						  61 Pa. Code §
													703.31 (relating to disposition of
						  petitions); 61 Pa. Code §
													703.34 (relating to hearing
						  procedure); 67 Pa. Code §
													491.6 (relating to notice and
						  conduct of hearing); and 67 Pa. Code §
													491.10 (relating to
						  hearings).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter B - HEARINGS AND CONFERENCES › HEARING › Section 35.124 - Appearances

Current through Register Vol. 54, No. 28, July 13, 2024
The agency head or the presiding officer before whom the
						hearing is held shall cause to be entered upon the record all appearances, with
						a notation in whose behalf each appearance is made. Included in the appearances
						shall be staff counsel participating, and a notation shall be made in the
						record of the names of the members of the technical staff of the agency
						participating, including accountants, engineers and other experts, who have
						been assigned to work on the investigation or to assist in the trial of the
						case.
This section cited in 7 Pa. Code §
													179.51 (relating to generally); 7
						  Pa. Code §
													179.53 (relating to Commission
						  hearings); 10 Pa. Code §
													3.11 (relating to hearing rules);
						  34 Pa. Code §
													131.53a (relating to consolidated
						  hearing procedure); 34 Pa. Code §
													131.56a (relating to withdrawal of
						  appearance); 34 Pa. Code §
													131.57 (relating to compromise and
						  release agreements); 34 Pa. Code §
													131.202 (relating to first hearing
						  information and stay); 34 Pa. Code §
													131.203 (relating to hearing
						  procedures); 40 Pa. Code §
													15.46 (relating to hearings); 52
						  Pa. Code §
													5.241 (relating to appearances); 58
						  Pa. Code 494a.1 (relating to generally); 58 Pa. Code §
													494a.2 (relating to oral hearings);
						  61 Pa. Code §
													703.31 (relating to disposition of
						  petitions); and 61 Pa. Code §
													703.35 (relating to failure to
						  appear at hearing).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter B - HEARINGS AND CONFERENCES › HEARING › Section 35.125 - Order of procedure

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In
					 hearings upon applications, formal complaints or petitions, the complainant,
					 petitioner or other party having the burden of proof, shall open and close,
					 unless otherwise directed by the presiding officer. In hearings on
					 investigations and in proceedings which have been consolidated for hearing, the
					 presiding officer may direct who shall open and close.
(b) Interveners shall follow the parties in
					 whose behalf the intervention is made. Where the intervention is not in support
					 of an original party, the presiding officer shall designate at what stage the
					 intervener shall be heard.
(c) In
					 proceedings where the evidence is peculiarly within the knowledge or control of
					 another party or participant, the order of presentation set forth in
					 subsections (a) and (b) may be varied by the presiding officer.
(d) The following shall also apply:
(1) The applications (including attached
					 exhibits), complaints, orders to show cause and answers thereto and similar
					 formal documents upon which hearings are fixed shall, without further action,
					 be considered as parts of the record as pleadings.
(2) In no event, except in the case of a
					 noncontested proceeding, may the pleadings be considered as evidence of fact
					 other than that of the filing thereof unless offered and received in evidence
					 in under this part.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter B - HEARINGS AND CONFERENCES › HEARING › Section 35.126 - Presentation by the parties

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Parties
					 and staff counsel shall have the right of presentation of evidence,
					 cross-examination, objection, motion and argument. The taking of evidence and
					 subsequent proceedings shall proceed with reasonable diligence and with the
					 least practicable delay.
(b) When
					 objections to the admission or exclusion of evidence before the agency head or
					 the presiding officer are made, the grounds relied upon shall be stated
					 briefly. Formal exceptions are unnecessary and may not be taken to rulings
					 thereon.
This section cited in 4 Pa. Code §
													89.28 (relating to presentation); 7
						  Pa. Code §
													131.33 (relating to evidence); 7
						  Pa. Code §
													179.53 (relating to Commission
						  hearings); 10 Pa. Code §
													3.11 (relating to hearing rules);
						  22 Pa. Code §
													121.8 (relating to applicant and
						  recipient appeals and hearings); 22 Pa. Code §
													121.9 (relating to administrative
						  loan collection review procedures); 22 Pa. Code §
													121.34 (relating to institutional
						  appeals and hearings); 25 Pa. Code §
													1021.117 (relating to presentation
						  by the parties); 34 Pa. Code §
													95.91 (relating to hearings); 34
						  Pa. Code §
													131.53 (relating to procedures
						  subsequent to the first hearing); 34 Pa. Code §
													131.53a (relating to consolidated
						  hearing procedure); 34 Pa. Code §
													131.57 (relating to compromise and
						  release agreements); 34 Pa. Code §
													131.66 (relating to admissibility
						  of oral depositions); 34 Pa. Code §
													131.202 (relating to first hearing
						  information and stay); 34 Pa. Code §
													131.203 (relating to hearing
						  procedures); 37 Pa. Code §
													171.96 (relating to arbitration
						  hearing procedure); 37 Pa. Code §
													197.48 (relating to procedure at
						  hearing); 37 Pa. Code §
													197.70 (relating to hearings); 37
						  Pa. Code §
													197.90 (relating to procedure at
						  hearing); 40 Pa. Code §
													15.46 (relating to hearings); 51
						  Pa. Code §
													21.23 (relating to scope of
						  hearing); 52 Pa. Code §
													5.243 (relating to presentation by
						  participants); 52 Pa. Code §
													1005.112 (relating to presentation
						  by parties); 55 Pa. Code §
													41.153 (relating to burden of proof
						  and production); 58 Pa. Code §
													494a.2 (relating to oral hearings);
						  61 Pa. Code §
													703.31 (relating to disposition of
						  petitions); and 61 Pa. Code §
													703.35 (relating to failure to
						  appear at hearing).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter B - HEARINGS AND CONFERENCES › HEARING › Section 35.127 - Limiting number of witnesses

Current through Register Vol. 54, No. 28, July 13, 2024
The agency head or the presiding officer may limit
						appropriately the number of witnesses who may be heard upon an
						issue.
This section cited in 1 Pa. Code §
													35.162 (relating to reception and
						  ruling on evidence); 10 Pa. Code §
													3.11 (relating to hearing rules);
						  25 Pa. Code §
													1021.126 (relating to limiting
						  number of witnesses and additional evidence); 34 Pa. Code §
													131.53 (relating to procedures
						  subsequent to the first hearing); 34 Pa. Code §
													131.53a (relating to consolidated
						  hearing procedures); 34 Pa. Code §
													131.57 (relating to compromise and
						  release agreements); 34 Pa. Code §
													131.202 (relating to first hearing
						  information and stay); 34 Pa. Code §
													131.203 (relating to hearing
						  procedures); 37 Pa. Code §
													197.48 (relating to procedure at
						  hearing); 37 Pa. Code §
													197.90 (relating to procedure at
						  hearing); 40 Pa. Code §
													15.46 (relating to hearings); 52
						  Pa. Code §
													5.403 (relating to control of
						  receipt of evidence); 52 Pa. Code §
													1005.143 (relating to control of
						  receipt of evidence); 61 Pa. Code §
													703.31 (relating to disposition of
						  petitions); and 61 Pa. Code §
													703.34 (relating to hearing
						  procedure).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter B - HEARINGS AND CONFERENCES › HEARING › Section 35.128 - Additional evidence

Current through Register Vol. 54, No. 28, July 13, 2024
At a stage of the hearing the agency head or the
						presiding officer may call for further evidence upon an issue, and require the
						evidence to be presented by the party or parties concerned or by the staff
						counsel, either at that hearing or at the adjournments thereof. At the hearing,
						the agency head or the presiding officer may, if deemed advisable, authorize a
						participant to file specific documentary evidence as a part of the record
						within a fixed time, expiring not less than 10 days before the date fixed for
						filing and serving briefs.
This section cited in 1 Pa. Code §
													35.131 (relating to recording of
						  proceedings); 1 Pa. Code §
													35.162 (relating to reception and
						  ruling on evidence); 4 Pa. Code §
													607a.17 (relating to additional
						  hearings and evidence); 10 Pa. Code §
													3.11 (relating to hearing rules);
						  25 Pa. Code §
													1021.126 (relating to limiting
						  number of witnesses and additional evidence); 34 Pa. Code §
													131.53 (relating to procedures
						  subsequent to the first hearing); 34 Pa. Code §
													131.53a (relating to consolidated
						  hearing procedures); 34 Pa. Code §
													131.57 (relating to compromise and
						  release agreements); 34 Pa. Code §
													131.202 (relating to first hearing
						  information and stay); 34 Pa. Code §
													131.203 (relating to hearing
						  procedures); 40 Pa. Code §
													15.46 (relating to hearings); 52
						  Pa. Code §
													5.404 (relating to additional
						  evidence); 52 Pa. Code §
													1005.144 (relating to additional
						  evidence); 61 Pa. Code §
													703.31 (relating to disposition of
						  petitions); and 61 Pa. Code §
													703.34 (relating to hearing
						  procedure).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter B - HEARINGS AND CONFERENCES › TRANSCRIPT › Section 35.132 - Transcript corrections

Current through Register Vol. 54, No. 28, July 13, 2024
Corrections in the official transcript may be made only
						to make it conform to the evidence presented at the hearing and to speak the
						truth. No corrections or physical changes shall be made in or upon the official
						transcript of the proceeding, except as provided in this section. Transcript
						corrections agreed to by opposing attorneys may be incorporated into the
						record, if and when approved by the agency head or the presiding officer, at
						any time during the hearing or after the close of evidence, as may be permitted
						by the agency head, or by the presiding officer before the filing of his
						proposed report, but not less than 10 days in advance of the time fixed for
						filing final briefs. The agency head or the presiding officer may call for the
						submission of proposed corrections and may make disposition thereof at
						appropriate times during the course of a proceeding.
This section cited in 1 Pa. Code §
													35.131 (relating to recording of
						  proceedings); 4 Pa. Code §
													89.24 (relating to record); 10 Pa.
						  Code §
													3.11 (relating to hearing rules);
						  12 Pa. Code §
													81.210 (relating to transcripts,
						  reports and prepared statements); 12 Pa. Code §
													81.233 (relating to transcript); 25
						  Pa. Code §
													1021.118 (relating to transcript);
						  34 Pa. Code §
													95.91 (relating to hearings); 34
						  Pa. Code §
													131.101 (relating to briefs,
						  findings of fact and close of record); 37 Pa. Code §
													21.57 (relating to transcript); 37
						  Pa. Code §
													197.49 (relating to correction of
						  transcript); 37 Pa. Code §
													197.91 (relating to correction of
						  transcript); 40 Pa. Code §
													15.46 (relating to hearings); 40
						  Pa. Code §
													15.47 (relating to transcript); 52
						  Pa. Code §
													5.253 (relating to transcript
						  corrections); 52 Pa. Code §
													1005.123 (relating to transcript
						  corrections); and 61 Pa. Code §
													703.34 (relating to hearing
						  procedure).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter B - HEARINGS AND CONFERENCES › TRANSCRIPT › Section 35.133 - Copies of transcripts

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Availability to participants in public hearings.
The agency
					 will cause to be made a stenographic record of all public hearings and the
					 copies of the transcript thereof as it requires for its own purposes.
					 Participants desiring copies of the transcript may obtain copies from the
					 official reporter upon payment of the fees fixed therefor.
(b)
Availability to persons who give
					 evidence in investigations and nonpublic proceedings.
A person
					 compelled to furnish data or to give evidence in an investigation shall be
					 entitled to retain or, upon payment of the lawfully prescribed fees therefor to
					 the official reporter or to the office of the agency, to obtain a copy of the
					 official transcript thereof; except that if the data or evidence have been
					 furnished or given in a nonpublic investigatory proceeding conducted by the
					 agency, the person may, for good cause, be limited to an inspection only,
					 either in person or by a duly authorized representative, of the official
					 transcript of his testimony.
This section cited in 4 Pa. Code §
													110.4 (relating to transcripts); 4
						  Pa. Code §
													607a.18 (relating to record of
						  proceedings); 4 Pa. Code §
													607a.28 (relating to record of
						  proceedings); 6 Pa. Code §
													30.14 (relating to procedure for
						  designation); 6 Pa. Code §
													30.14 (relating to procedure for
						  redesignation); 7 Pa. Code §
													131.35 (relating to transcript); 7
						  Pa. Code §
													179.67 (relating to transcript); 10
						  Pa. Code §
													3.11 (relating to hearing rules);
						  12 Pa. Code §
													81.210 (relating to transcripts,
						  reports and prepared statements); 12 Pa. Code §
													81.233 (relating to transcript); 25
						  Pa. Code §
													1021.118 (relating to transcript);
						  28 Pa. Code §
													301.7 (relating to fair hearing);
						  34 Pa. Code §
													131.101 (relating to briefs,
						  findings of fact and close of record); 37 Pa. Code §
													21.57 (relating to transcript); 37
						  Pa. Code §
													171.105 (relating to recording of
						  proceedings); 37 Pa. Code §
													197.49 (relating to correction of
						  transcript); 37 Pa. Code §
													197.91 (relating to correction of
						  transcript); 40 Pa. Code §
													15.46 (relating to hearings); 40
						  Pa. Code §
													15.47 (relating to transcript); 52
						  Pa. Code §
													5.254 (relating to copies of
						  transcripts); 52 Pa. Code §
													1005.124 (relating to copies of
						  transcripts); 58 Pa. Code §
													145.14 (relating to transcripts);
						  and 61 Pa. Code §
													703.34 (relating to hearing
						  procedure).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter C - EVIDENCE AND WITNESSES › GENERAL › Section 35.137 - Oral examination

Current through Register Vol. 54, No. 28, July 13, 2024
Witnesses shall be examined orally unless the testimony
						is taken by deposition as provided in §§
											35.145-35.152 (relating to depositions) or
						the facts are stipulated in the manner provided in §
											35.112 (relating to conferences to
						expedite hearings) or in §
											35.155 (relating to presentation
						and effect of stipulations) or the testimony is submitted in prepared written
						form as provided in §
											35.138 (relating to expert
						witnesses). Witnesses whose testimony is to be taken shall be sworn, or shall
						affirm, before their testimony shall be deemed evidence in the proceeding or
						any questions are put to them.
This section cited in 4 Pa. Code §
													265.3 (relating to level II
						  hearings); 12 Pa. Code §
													81.231 (relating to witness to be
						  advised); 25 Pa. Code §
													1021.123 (relating to evidence); 34
						  Pa. Code §
													95.94 (relating to depositions); 34
						  Pa. Code §
													131.42 (relating to evidence
						  relating to supersedeas); 34 Pa. Code §
													131.49 (relating to disposition of
						  automatic request for special supersedeas under section 413(a.1) of the act
						  (77
						  P. S. §
														774(1)); 34 Pa.
						  Code §
													131.53 (relating to procedures
						  subsequent to the first hearing); 34 Pa. Code §
													131.53a (relating to consolidated
						  hearing procedures); 34 Pa. Code §
													131.203 (relating to hearing
						  procedures); 34 Pa. Code §
													131.204 (relating to UEGF subpoenas
						  and interrogatories); 37 Pa. Code §
													123.10 (relating to testimony); 37
						  Pa. Code §
													171.96 (relating to arbitration
						  hearing procedure); 37 Pa. Code §
													197.48 (relating to procedure at
						  hearing); 37 Pa. Code §
													197.90 (relating to procedure at
						  hearing); 51 Pa. Code §
													21.25 (relating to conduct of the
						  hearing); 52 Pa. Code §
													5.411 (relating to oral
						  examination); 52 Pa. Code §
													1005.151 (relating to oral
						  examination); 58 Pa. Code §
													145.11 (relating to order of formal
						  hearing); and 61 Pa. Code §
													703.34 (relating to hearing
						  procedure).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter C - EVIDENCE AND WITNESSES › GENERAL › Section 35.138 - Expert witnesses

Current through Register Vol. 54, No. 28, July 13, 2024
Written testimony of an expert witness may be received as
						provided in §
											35.166 (relating to prepared expert
						testimony), where properly supported by the oral testimony of its author on
						direct examination, subject to cross-examination and motions to
						strike.
This section cited in 1 Pa. Code §
													35.137 (relating to oral
						  examination); 4 Pa. Code §
													265.3 (relating to level II
						  hearings); 25 Pa. Code §
													1021.123 (relating to evidence); 34
						  Pa. Code §
													131.42 (relating to evidence
						  relating to supersedeas); 34 Pa. Code §
													131.49 (relating to disposition of
						  automatic request for special supersedeas under section 413(a.1) of the act
						  (77
						  P. S. §
														774(1)); 34 Pa.
						  Code §
													131.53 (relating to procedures
						  subsequent to the first hearing); 34 Pa. Code §
													131.53a (relating to consolidated
						  hearing procedure); 34 Pa. Code §
													131.203 (relating to hearing
						  procedures); 34 Pa. Code §
													131.204 (relating to UEGF subpoenas
						  and interrogatories); 52 Pa. Code §
													5.412 (relating to written
						  testimony); 52 Pa. Code §
													1005.152 (relating to written
						  testimony); 55 Pa. Code §
													41.161 (relating to written
						  testimony); and 61 Pa. Code §
													703.34 (relating to hearing
						  procedure).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter C - EVIDENCE AND WITNESSES › GENERAL › Section 35.139 - Fees of witnesses

Current through Register Vol. 54, No. 28, July 13, 2024
Witnesses subpoenaed by the agency shall be paid the same
						fees and mileage as are paid for like services in the courts of common pleas.
						Witnesses subpoenaed at the instance of participants shall be paid the same
						fees by the participant at whose instance the witness is subpoenaed; and the
						agency, before issuing any subpoena as provided in §
											35.142(a)
						(relating to subpoenas), may require a deposit of an amount adequate to cover
						the fees and mileage involved.
This section cited in 1 Pa. Code §
													35.142 (relating to subpoenas); 4
						  Pa. Code §
													105.14a (relating to subpoenas); 4
						  Pa. Code §
													265.3 (relating to level II
						  hearings); 7 Pa. Code §
													179.10 (relating to subpoena powers
						  and procedures); 22 Pa. Code §
													201.7 (relating to service and
						  return of subpoenas); 25 Pa. Code §
													1021.103 (relating to subpoenas,
						  notices to attend and notices to produce); 25 Pa. Code §
													1021.123 (relating to evidence); 34
						  Pa. Code §
													95.95 (relating to witnesses and
						  subpoenas); 34 Pa. Code §
													131.81 (relating to subpoenas); 34
						  Pa. Code §
													131.204 (relating to UEGF subpoenas
						  and interrogatories); 37 Pa. Code §
													21.58 (relating to witness fees);
						  37 Pa. Code §
													171.134 (relating to witness fees
						  and mileage allowance); 55 Pa. Code §
													41.161 (relating to written
						  testimony); and 61 Pa. Code §
													703.34 (relating to hearing
						  procedure).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter C - EVIDENCE AND WITNESSES › DEPOSITIONS › Section 35.145 - Depositions

Current through Register Vol. 54, No. 28, July 13, 2024
The testimony of a witness may be taken by deposition,
						upon application by a participant in a proceeding pending before the agency,
						before the hearing is closed, upon approval by the agency head or the presiding
						officer.
This section cited in 1 Pa. Code §
													35.137 (relating to oral
						  examination); 4 Pa. Code §
													89.31 (relating to investigation);
						  4 Pa. Code §
													265.3 (relating to level II
						  hearings); 4 Pa. Code §
													607a.13 (relating to subpoenas); 7
						  Pa. Code §
													179.16 (relating to limited
						  discovery); 25 Pa. Code §
													1021.102 (relating to discovery);
						  34 Pa. Code §
													95.94 (relating to depositions); 34
						  Pa. Code §
													131.62 (relating to oral
						  depositions); 34 Pa. Code §
													131.63 (relating to time for taking
						  oral depositions); 34 Pa. Code §
													131.64 (relating to notice of oral
						  depositions); 34 Pa. Code §
													131.65 (relating to objections to
						  taking of oral depositions); 34 Pa. Code §
													131.68 (relating to discovery of
						  records); 34 Pa. Code §
													131.70 (relating to discovery of
						  statements of parties or witnesses); 34 Pa. Code §
													131.204 (relating to UEGF subpoenas
						  and interrogatories); 40 Pa. Code §
													15.49 (relating to deposition); 40
						  Pa. Code §
													17.6 (relating to depositions and
						  discovery); 51 Pa. Code §
													21.5 (relating to conduct of
						  investigations); 52 Pa. Code §
													5.321 (relating to scope); 52 Pa.
						  Code §
													5.343 (relating to procedures in
						  deposition by oral examination); 52 Pa. Code §
													1005.162 (relating to depositions);
						  55 Pa. Code §
													41.120 (relating to limitations on
						  scope of discovery); and 58 Pa. Code §
													493a.11 (relating
						  discovery).