Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › PRELIMINARY PROVISIONS › GENERAL › Section 1021.2 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The following
					 words and terms, when used in this chapter, have the following meanings unless
					 the context clearly indicates otherwise:
Act
-The Environmental Hearing Board Act
						(35
						P. S. §§
													7511-7516).
Action
-An order, decree, decision,
						determination or ruling by the Department affecting personal or property
						rights, privileges, immunities, duties, liabilities or obligations of a person
						including, but not limited to, a permit, license, approval or certification.
Board
-The Environmental Hearing Board,
						consisting of its chairperson and four members, all of whom are administrative
						law judges appointed by the Governor to hear appeals from actions of the
						Department.
Business day
-A day that is not a
						Saturday, Sunday or a legal holiday.
Conventional filing
-Presenting documents
						to the Board by hand, mail or other personal delivery services, for purposes of
						filing.
Department
-The Department of
						Environmental Protection or other governmental entities whose decisions are
						appealable to the Board.
Dispositive motion
-A motion that seeks
						to resolve the issues in an appeal without the need for hearing or further
						hearing. The term includes a motion to quash appeal, a motion to dismiss, a
						motion for summary judgment, and a motion for partial summary judgment, but not
						a motion in limine.
Electronic filing
-The electronic
						transmission of documents to the Board through the electronic filing provider
						for purposes of filing.
Electronic filing provider
-The entity
						providing electronic filing and electronic service of documents by means of the
						Internet in Board proceedings.
Electronic service
-The electronic
						transmission of documents through the electronic filing provider to a party,
						attorney or representative under this chapter.
Facsimile filing
-The transmission of
						documents to the Board, for purposes of filing, using a machine that can send
						and receive a facsimile transmission either as a stand-alone device or as part
						of a computer system.
Facsimile transmission
-The transmission
						of a source document between locations by encoding the document into electronic
						signals, transmitting the signals over the telephone system and reconstructing
						the electronic signals to print a duplicate of the document at the receiving
						destination.
Hearing examiner
-A person other than a
						Board member designated by the Board to preside at hearings or
						conferences.
Intervenor
-A person who has been
						permitted to intervene by the Board, as provided by
						1021.81 (relating to
						intervention).
Legal holiday
-A day designated as a
						holiday by the President or Congress of the United States or by the
						Commonwealth.
Pa.R.A.P.
-Pennsylvania Rules of
						Appellate Procedure, 42 Pa.C.S.; 210 Pa. Code.
Pa.R.C.P.
-Pennsylvania Rules of Civil
						Procedure, 42 Pa.C.S.; 231 Pa. Code.
Party
-An appellant, appellee, plaintiff,
						defendant, permittee or intervenor.
Permittee
-The recipient of a permit,
						license, approval or certification issued by the Department.
Person
-An individual, partnership,
						association, corporation, political subdivision, municipal authority or other
						entity.
Pleading
-A complaint filed under
						1021.71,
						1021.72 or
						1021.73 (relating to complaints
						filed by the Department; complaints filed by other persons; and transferred
						matters) or answer filed under
						1021.74 (relating to answers to
						complaints). Documents filed in appeals, including the notice of appeal, are
						not pleadings.
Registered user
-An individual who has
						submitted a registration statement to the Board and to whom the Board has
						issued a password authorizing electronic filing and electronic service.
Registration statement
-A completed
						application to use the electronic filing provider for electronic filing and
						electronic service in Board proceedings.
Supersedeas
-A suspension of the effect
						of an action of the Department pending proceedings before the Board.
Third-party appeal
-The appeal of an
						action by a person to whom the action is not directed or issued.
(b) Subsection (a) supplements 1
					 Pa. Code § 31.3 (relating to definitions) except for "pleading" which
					 supersedes the definition of "pleading" in 1 Pa. Code § 31.3.
The provisions of this §
													1021.2 amended under section 5 of
						  the Environmental Hearing Board Act (35 P. S. §
														7515).