reglab/statecodes huggingface dataset:
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 35.146 - Notice and application

Current through Register Vol. 54, No. 28, July 13, 2024
Unless notice is waived, no deposition may be taken
						except after at least 10 days' notice to the participants if the deposition is
						to be taken within this Commonwealth, and 15 days' notice when a deposition is
						to be taken elsewhere. The notice shall be given in writing by the participant
						proposing to take a deposition to the other participants and to the agency. In
						such notice and application to take evidence by deposition, the participant
						desiring to take the deposition shall state the name and post office address of
						the witness, the subject matter concerning which the witness is expected to
						testify, the time and place of taking the deposition, the name and post office
						address of the notarial officer before whom it is desired that the deposition
						be taken and the reason why the deposition should be taken. The other
						participants may, within the time stated in this section, make an appropriate
						response to the notice and application.
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); 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 to
						  discovery).
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 35.147 - Authorization of taking deposition

Current through Register Vol. 54, No. 28, July 13, 2024
If an application for the taking of a deposition so
						warrants, the agency head or presiding officer will issue and serve, within a
						reasonable time in advance of the time fixed for taking testimony, upon the
						participants an authorization naming the witness whose deposition is to be
						taken, and the time, place and notarial officer before whom the witness is to
						testify, but the time, place and notarial officer so specified may or may not
						be the same as those named in the notice and application.
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
						  tak-ing 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); 52
						  Pa. Code §
													5.344 (relating to approval by
						  presiding officer); 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 to
						  discovery).
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 35.148 - Officer before whom deposition is taken

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Within the United States.
Depositions may be taken before the agency head, a member of a board
					 or commission comprising the agency, a presiding officer or other authorized
					 representative of the agency, a notary public or another person authorized to
					 administer oaths not being counsel or attorney for a participant, or interested
					 in the proceeding or investigation, according to the designation as may be made
					 in the authorization.
(b)
In foreign countries.
Where the deposition is taken in a
					 foreign country, it may be taken before a secretary of an embassy or legation,
					 consul general, consul, vice consul or consular agent of the United States, or
					 before the person or officer as may be designated in the authorization or
					 agreed upon by the participants by stipulation in writing filed with and
					 approved by the agency head or the presiding officer.
This section cited in 1 Pa. Code §
													31.3 (relating to definitions); 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 §
													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 §
													131.67 (relating to expenses of
						  taking depositions); 34 Pa. Code §
													131.70 (relating to discovery of
						  statements of parties or witnesses); 40 Pa. Code §
													15.49 (relating to deposition); 52
						  Pa. Code §
													5.346 (relating to persons before
						  whom depositions may be taken); 52 Pa. Code §
													1005.162 (relating to depositions);
						  55 Pa. Code §
													41.120 (relating to limitations on
						  scope of discovery); 58 Pa. Code §
													493a.11 (relating to discovery);
						  and 61 Pa. Code §
													702.5 (relating to
						  oaths).
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 35.149 - Oath and reduction to writing

Current through Register Vol. 54, No. 28, July 13, 2024
Every person whose testimony is taken by deposition shall
						be sworn, or shall affirm concerning the matter about which he shall testify,
						before a question is put or testimony given. The testimony shall be reduced to
						writing by the notarial officer, or under his direction, after which the
						deposition shall be subscribed by the witness and certified in the usual form
						by the notarial officer. Unless otherwise directed in the authorization, after
						the deposition has been subscribed and certified, it shall, together with the
						number of copies specified in the authorization, the copies being made by such
						notarial officer or under his direction, be forwarded by such notarial officer
						in a sealed envelope addressed to the office of the agency at Harrisburg,
						Pennsylvania, with sufficient stamps for postage affixed. Upon receipt thereof,
						the office of the agency shall file the original in the proceeding and shall
						forward a copy to a participant.
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 §
													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 §
													131.69 (relating to form of
						  deposition affidavit); 34 Pa. Code §
													131.70 (relating to discovery of
						  statements of parties or witnesses); 40 Pa. Code §
													15.49 (relating to deposition); 52
						  Pa. Code §
													5.348 (relating to transcript of
						  deposition, objections and filing); 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 to
						  discovery).
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 35.150 - Scope and conduct of examination

Current through Register Vol. 54, No. 28, July 13, 2024
Unless otherwise directed in the authorization, the
						deponent may be examined regarding a matter which is relevant to the issues
						involved in the pending proceeding, including the existence, description,
						nature, custody, condition and location of a book, document or other tangible
						thing, and the identity and location of persons having knowledge of relevant
						facts. A participant shall have the right of cross-examination, objection and
						exception. In making objections to questions or evidence, the grounds relied
						upon shall be stated briefly, but no transcript filed by the notarial officer
						may include argument or debate. Objections to questions or evidence shall be
						noted by the notarial officer upon the deposition, but he may not have the
						power to decide on the competency, materiality or relevancy of evidence.
						Objections to questions or evidence not taken before the notarial officer shall
						be deemed waived.
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); 52
						  Pa. Code §
													5.412 (relating to written
						  testimony); 52 Pa. Code §
													1005.152 (relating to written
						  testimony); 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 to
						  discovery).
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 35.151 - Status of deposition as part of record

Current through Register Vol. 54, No. 28, July 13, 2024
No part of a deposition may constitute a part of the
						record in the proceeding, unless received in evidence by the agency head or
						presiding officer. Objection may be made at the hearing in the proceeding to
						receiving in evidence a deposition or part thereof for a reason which would
						require the exclusion of the evidence if the witnesses were then present and
						testifying.
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 §
													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 §
													131.66 (relating to admissibility
						  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); 37 Pa. Code §
													171.102 (relating to admission of
						  exhibits and deposition into evidence); 40 Pa. Code §
													15.49 (relating to deposition); 52
						  Pa. Code §
													5.347 (relating to taking of
						  depositions-objections); 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 to
						  discovery).
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 35.152 - Fees of officers and deponents

Current through Register Vol. 54, No. 28, July 13, 2024
Deponents whose depositions are taken and the notarial
						officers taking the depositions shall be entitled to the same fees as are paid
						for like services in the courts of common pleas, which fees shall be paid by
						the participant at whose instance the depositions are taken.
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 §
													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 §
													131.67 (relating to expenses of
						  taking 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); 37 Pa. Code §
													171.135 (relating to fees of
						  officers and deponents); 40 Pa. Code §
													15.49 (relating to depositions); 52
						  Pa. Code §
													5.324 (relating to discovery of
						  expert testimony); 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 to
						  discovery).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter C - EVIDENCE AND WITNESSES › STIPULATIONS › Section 35.155 - Presentation and effect of stipulations

Current through Register Vol. 54, No. 28, July 13, 2024
Independently of the orders or rulings issued as provided
						by §
											35.112 (relating to conferences to
						expedite hearings) the participants may stipulate as to a relevant matter of
						fact or the authenticity of relevant documents. The stipulations may be
						received in evidence at a hearing, and when so received shall be binding on the
						participants with respect to the matters therein stipulated.
This section cited in 1 Pa. Code §
													35.137 (relating to oral
						  examination); 4 Pa. Code §
													265.3 (relating to level II
						  hearings); 31 Pa. Code §
													56.3 (relating to admissions as to
						  facts and documents); 34 Pa. Code §
													111.33 (relating to specific
						  petitions/requirements); 34 Pa. Code §
													131.53a (relating to consolidated
						  hearing procedure); 34 Pa. Code §
													131.57 (relating to compromise and
						  release agreements); 34 Pa. Code §
													131.91 (relating to stipulations of
						  fact); 34 Pa. Code §
													131.203 (relating to hearing
						  procedures); 37 Pa. Code §
													171.103 (relating to presentation
						  and effect of stipulations); 40 Pa. Code §
													15.50 (relating to stipulations);
						  52 Pa. Code §
													5.234 (relating to presentation and
						  effect of stipulations); 52 Pa. Code §
													1005.101 (relating to presentation
						  and effect of stipulations); and 58 Pa. Code §
													491a.10 (relating to presentation
						  and effect of stipulations).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter C - EVIDENCE AND WITNESSES › EVIDENCE › Section 35.161 - Form and admissibility of evidence

Current through Register Vol. 54, No. 28, July 13, 2024
In a proceeding before the agency head or a presiding
						officer, relevant and material evidence shall be admissible, but there shall be
						excluded evidence that is repetitious or cumulative, or evidence that is not of
						the kind which would affect reasonable and fair-minded men in the conduct of
						their daily affairs.
This section cited in 4 Pa. Code §
													89.29 (relating to evidence); 4 Pa.
						  Code §
													265.3 (relating to level II
						  hearings); 7 Pa. Code §
													131.33 (relating to evidence); 7
						  Pa. Code §
													179.61 (relating to hearing
						  procedure); 10 Pa. Code §
													3.11 (relating to hearing rules);
						  12 Pa. Code §
													81.209 (relating to rules of
						  evidence not to apply); 22 Pa. Code §
													201.9 (relating to introduction of
						  documents for the system's records); 34 Pa. Code §
													131.33 (relating to answers except
						  answers to petitions for joinder and challenge proceedings); 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 §
													131.50a (relating to employee
						  request for special supersedeas hearing under section 413(c) and (d) of the
						  act); 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 §
													131.61 (relating to exchange of
						  information); 34 Pa. Code §
													131.63 (relating to time for taking
						  oral depositions); 34 Pa. Code §
													131.66 (relating to admissibility
						  of oral depositions); 34 Pa. Code §
													131.203 (relating to hearing
						  procedures); 34 Pa. Code §
													131.204 (relating to UEGF subpoenas
						  and interrogatories); 37 Pa. Code §
													21.55 (relating to evidence); 37
						  Pa. Code §
													171.97 (relating to applicability
						  of laws and rules); 37 Pa. Code §
													197.44 (relating to limitation of
						  issues and evidence); 40 Pa. Code §
													15.51 (relating to evidence); 51
						  Pa. Code §
													21.25 (relating to conduct of the
						  hearing); 52 Pa. Code §
													5.401 (relating to admissibility of
						  evidence); 52 Pa. Code §
													1005.141 (relating to admissibility
						  of evidence); 58 Pa. Code §
													145.11 (relating to order of formal
						  hearing); and 61 Pa. Code §
													702.6 (relating to formal rules of
						  evidence).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter C - EVIDENCE AND WITNESSES › EVIDENCE › Section 35.162 - Reception and ruling on evidence

Current through Register Vol. 54, No. 28, July 13, 2024
The presiding officer, subject to §
											35.190 (relating to appeals to
						agency head from rulings of presiding officers), shall rule on the
						admissibility of evidence, and shall otherwise control the reception of
						evidence so as to confine it to the issues in the proceeding. The number of
						expert witnesses to be heard on an issue may be limited appropriately as
						provided in §
											35.127 (relating to limiting number
						of witnesses), or the production of further evidence upon any issue may be
						called for, as provided in §
											35.128 (relating to additional
						evidence).
This section cited in 4 Pa. Code §
													89.29 (relating to evidence); 4 Pa.
						  Code §
													265.3 (relating to level II
						  hearings); 7 Pa. Code §
													131.33 (relating to evidence); 7
						  Pa. Code §
													179.61 (relating to hearing
						  procedure); 10 Pa. Code §
													3.11 (relating to hearing rules);
						  12 Pa. Code §
													81.209 (relating to rules of
						  evidence not to apply); 25 Pa. Code §
													1021.123 (relating to evidence); 28
						  Pa. Code §
													301.7 (relating to fair hearing);
						  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 §
													131.50a (relating to employee
						  request for special supersedeas hearing under section 413(c) and (d) of the
						  act); 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 §
													131.61 (relating to exchange of
						  information); 34 Pa. Code §
													131.63 (relating to time for taking
						  oral depositions); 34 Pa. Code §
													131.66 (relating to admissibility
						  of oral depositions); 34 Pa. Code §
													131.203 (relating to hearing
						  procedures); 34 Pa. Code §
													131.204 (relating to UEGF subpoenas
						  and interrogatories); 37 Pa. Code §
													21.55 (relating to evidence); 40
						  Pa. Code §
													15.51 (relating to evidence); 52
						  Pa. Code §
													5.402 (relating to admission of
						  evidence); 52 Pa. Code §
													5.403 (relating to control of
						  receipt of evidence); 52 Pa. Code §
													1005.142 (relating to admission of
						  evidence); 52 Pa. Code §
													1005.143 (relating to control of
						  receipt of evidence); and 61 Pa. Code §
													702.6 (relating to formal rules of
						  evidence).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter C - EVIDENCE AND WITNESSES › EVIDENCE › Section 35.163 - Designation of relevant portions of documentary evidence

Current through Register Vol. 54, No. 28, July 13, 2024
Where relevant and material matter offered in evidence is
						embraced in a document containing other matter not material or relevant and not
						intended to be put in evidence, the participant offering such document shall
						plainly designate the matter so offered, segregating and excluding insofar as
						practicable the immaterial or irrelevant parts. If other matter is in such
						document in such bulk or extent as would unnecessarily encumber the record,
						such document will not be received in evidence, but may be marked for
						identification, and, if properly authenticated, the relevant and material parts
						thereof may be read into the record, or if the agency head or the presiding
						officer so directs, a true copy of such matter in proper form shall be received
						in evidence as an exhibit, and copies shall be delivered by the participant
						offering the same to the other participants appearing at the hearing, who shall
						be afforded an opportunity to examine the entire document and to offer in
						evidence in like manner other material and relevant portions
						thereof.
This section cited in 4 Pa. Code §
													89.29 (relating to evidence); 4 Pa.
						  Code §
													265.3 (relating to level II
						  hearings); 10 Pa. Code §
													3.11 (relating to hearing rules);
						  12 Pa. Code §
													81.209 (relating to rules of
						  evidence not to apply); 34 Pa. Code §
													131.53 (relating to procedures
						  subsequent to the first hearing); 34 Pa. Code §
													121.53a (relating to consolidated
						  hearing procedure); 34 Pa. Code §
													131.101 (relating to briefs and
						  findings of fact and close of record); 34 Pa. Code §
													131.203 (relating to hearing
						  procedures); 37 Pa. Code §
													21.55 (relating to evidence); 40
						  Pa. Code §
													15.51 (relating to evidence); 52
						  Pa. Code §
													5.403 (relating to control of
						  receipt of evidence); 52 Pa. Code §
													1005.143 (relating to control of
						  receipt of evidence); and 61 Pa. Code §
													702.6 (relating to formal rules of
						  evidence).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter C - EVIDENCE AND WITNESSES › EVIDENCE › Section 35.164 - Documents on file with agency

Current through Register Vol. 54, No. 28, July 13, 2024
In case any matter contained in a report or other
						document on file with the agency is offered in evidence, such report or other
						document need not be produced or marked for identification, but may be offered
						in evidence by specifying the report, document, or other file containing the
						matter so offered.
This section cited in 4 Pa. Code §
													89.29 (relating to evidence); 4 Pa.
						  Code §
													265.3 (relating to level II
						  hearings); 7 Pa. Code §
													131.33 (relating to evidence); 10
						  Pa. Code §
													3.11 (relating to hearing rules);
						  12 Pa. Code §
													81.209 (relating to rules of
						  evidence not to apply); 22 Pa. Code §
													201.9 (relating to introduction of
						  documents from the system's records); 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); 37 Pa. Code §
													21.55 (relating to evidence); 40
						  Pa. Code §
													15.51 (relating to evidence); 52
						  Pa. Code §
													1005.146 (relating to public
						  documents); 55 Pa. Code §
													41.113 (relating to content of
						  provider position paper); 55 Pa. Code §
													41.114 (relating to content of
						  program office position paper); and 61 Pa. Code §
													702.6 (relating to formal rules of
						  evidence).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter C - EVIDENCE AND WITNESSES › EVIDENCE › Section 35.165 - Public documents

Current through Register Vol. 54, No. 28, July 13, 2024
Whenever there is offered in evidence (in whole or in
						part) a public document, such as an official report, decision, opinion or
						published scientific or economic statistical data issued by any of the
						executive departments (or their subdivisions), legislative agencies or
						committees, or administrative agencies of the Federal Government (including
						Government-owned corporations) or a similar document issued by a State or its
						agencies, and such document (or part thereof) has been shown by the offerer to
						be reasonably available to the public, such document need not be produced or
						marked for identification, but may be offered in evidence as a public document
						item by specifying the document or relevant part thereof without regard to the
						requirements of §
											35.169 (relating to copies to
						parties and agency).
This section cited in 4 Pa. Code §
													89.29 (relating to evidence); 4 Pa.
						  Code §
													265.3 (relating to level II
						  hearings); 7 Pa. Code §
													179.61 (relating to hearing
						  procedure); 10 Pa. Code §
													3.11 (relating to hearing rules);
						  12 Pa. Code §
													81.209 (relating to rules of
						  evidence not to apply); 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); 37 Pa. Code §
													21.55 (relating to evidence); 40
						  Pa. Code §
													15.51 (relating to evidence); 52
						  Pa. Code §
													5.406 (relating to public
						  documents); 52 Pa. Code §
													1005.146 (relating to public
						  documents); 55 Pa. Code §
													41.113 (relating to content of
						  provider position paper); 55 Pa. Code §
													41.114 (relating to content of
						  program office position paper); and 61 Pa. Code §
													702.6 (relating to formal rules of
						  evidence).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter C - EVIDENCE AND WITNESSES › EVIDENCE › Section 35.166 - Prepared expert testimony

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Direct
					 testimony of any witness within his special field may be offered as an exhibit,
					 or as prepared written testimony to be copied into the transcript. Cross
					 examination of the witness presenting such written testimony or exhibit shall
					 proceed at the hearing at which such testimony or exhibit is authenticated if,
					 not less than 20 days prior to such hearing, service thereof is made upon each
					 participant of record, unless the presiding officer for good cause shall
					 otherwise direct.
(b) Whenever in
					 the circumstances of a particular case it is deemed necessary or desirable, the
					 agency head or the presiding officer may direct that expert testimony to be
					 given upon direct examination shall be reduced to exhibit form or to the form
					 of prepared written testimony and be served and offered in the manner provided
					 in subsection (a). A reasonable period of time shall be allowed for the
					 preparation of such written testimony.
(c) All participants offering prepared
					 written testimony whether in the form of an exhibit, or to be copied into the
					 transcript, shall insert line numbers on each page, in the left-hand
					 margin.
This section cited in 1 Pa. Code §
													35.138 (relating to expert
						  witnesses); 4 Pa. Code §
													89.29 (relating to evidence); 4 Pa.
						  Code §
													265.3 (relating to level II
						  hearings); 7 Pa. Code §
													131.33 (relating to evidence); 7
						  Pa. Code §
													179.61 (relating to hearing
						  procedure); 10 Pa. Code §
													3.11 (relating to hearing rules);
						  12 Pa. Code §
													81.209 (relating to rules of
						  evidence not to apply); 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); 37 Pa. Code §
													21.55 (relating to evidence); 40
						  Pa. Code §
													15.51 (relating to evidence); 52
						  Pa. Code §
													5.406 (relating to public
						  documents); 52 Pa. Code §
													5.412 (relating to written
						  testimony); 52 Pa. Code §
													1005.146 (relating to public
						  documents); 52 Pa. Code §
													1005.152 (relating to written
						  testimony); and 61 Pa. Code §
													702.6 (relating to formal rules of
						  evidence).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter C - EVIDENCE AND WITNESSES › EVIDENCE › Section 35.167 - Records in other proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
When any portion of the record in any other proceeding
						before the agency is offered in evidence and shown to be relevant and material
						to the instant proceeding, a true copy of such record shall be presented in the
						form of an exhibit, together with additional copies as provided in §
											35.169 (relating to copies to
						parties and agency), unless:
(1) The
					 participant offering such record agrees to supply, within a period of time
					 specified by the agency head or the presiding officer, such copies at his own
					 expense, if and when so required.
(2) The portion is specified with
					 particularity in such manner as to be readily identified, and upon motion is
					 admitted in evidence by reference to the records of the other
					 proceedings.
This section cited in 4 Pa. Code §
													89.29 (relating to evidence); 4 Pa.
						  Code §
													265.3 (relating to level II
						  hearings); 10 Pa. Code §
													3.11 (relating to hearing rules);
						  12 Pa. Code §
													81.209 (relating to rules of
						  evidence not to apply); 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); 37 Pa. Code §
													21.55 (relating to evidence); 40
						  Pa. Code §
													15.51 (relating to evidence); 52
						  Pa. Code §
													5.407 (relating to records of other
						  proceedings); 52 Pa. Code §
													1005.147 (relating to records of
						  other proceedings); and 61 Pa. Code §
													702.6 (relating to formal rules of
						  evidence).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter C - EVIDENCE AND WITNESSES › EVIDENCE › Section 35.168 - Form and size of documentary evidence

Current through Register Vol. 54, No. 28, July 13, 2024
Wherever practicable, all exhibits of a documentary
						character received in evidence shall be on paper of good quality and so
						prepared as to be plainly legible and durable, whether printed, photostated, or
						typewritten, and shall conform to the requirements of Chapter 33 (relating to
						documentary filings) whenever practicable.
This section cited in 4 Pa. Code §
													89.29 (relating to evidence); 4 Pa.
						  Code §
													265.3 (relating to level II
						  hearings); 10 Pa. Code §
													3.11 (relating to hearing rules);
						  12 Pa. Code §
													81.209 (relating to rules of
						  evidence not to apply); 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); 37 Pa. Code §
													21.55 (relating to evidence); 40
						  Pa. Code §
													15.51 (relating to evidence); 52
						  Pa. Code §
													5.409 (relating to copies and form
						  of documentary evidence); 52 Pa. Code §
													1005.149 (relating to copies and
						  form of documentary evidence); and 61 Pa. Code §
													702.6 (relating to formal rules of
						  evidence).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter C - EVIDENCE AND WITNESSES › EVIDENCE › Section 35.169 - Copies to parties and agency

Current through Register Vol. 54, No. 28, July 13, 2024
Except as otherwise provided in these rules, when
						exhibits of a documentary character are offered in evidence, copies shall be
						furnished to the presiding officer and to the participants present at the
						hearing, unless the agency head or the presiding officer otherwise directs. In
						addition, unless otherwise directed by the agency head or the presiding
						officer, three copies of each exhibit of documentary character shall be
						furnished for the use of the agency.
This section cited in 1 Pa. Code §
													35.30 (relating to filing of
						  petitions to intervene); 1 Pa. Code §
													35.165 (relating to public
						  documents); 1 Pa. Code §
													35.167 (relating to records in
						  other proceedings); 4 Pa. Code §
													89.29 (relating to evidence); 4 Pa.
						  Code §
													265.3 (relating to level II
						  hearings); 10 Pa. Code §
													3.11 (relating to hearing rules);
						  12 Pa. Code §
													81.209 (relating to rules of
						  evidence not to apply); 22 Pa. Code §
													121.9 (relating to administrative
						  loan collection review procedures); 34 Pa. Code §
													131.34 (relating to other filings);
						  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); 37 Pa. Code §
													21.55 (relating to evidence); 40
						  Pa. Code §
													15.51 (relating to evidence); 52
						  Pa. Code §
													5.409 (relating to copies and form
						  of documentary evidence); 52 Pa. Code §
													1005.149 (relating to copies and
						  form of documentary evidence); and 61 Pa. Code §
													702.6 (relating to formal rules of
						  evidence).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter C - EVIDENCE AND WITNESSES › OFFICIAL NOTICE › Section 35.173 - Official notice of facts

Current through Register Vol. 54, No. 28, July 13, 2024
Official notice may be taken by the agency head or the
						presiding officer of such matters as might be judicially noticed by the courts
						of this Commonwealth, or any matters as to which the agency by reason of its
						functions is an expert. Any participant shall, on timely request, be afforded
						an opportunity to show the contrary. Any participant requesting the taking of
						official notice after the conclusion of the hearing shall set forth the reasons
						claimed to justify failure to make the request prior to the close of the
						hearing.
This section cited in 1 Pa. Code §
													35.205 (relating to contents of
						  proposed reports); 4 Pa. Code §
													265.3 (relating to level II
						  hearings); 7 Pa. Code §
													131.33 (relating to evidence); 7
						  Pa. Code §
													179.62 (relating to Commission
						  official notice); 34 Pa. Code §
													131.101 (relating to briefs,
						  findings of fact and close of record); 37 Pa. Code §
													21.55 (relating to evidence); 37
						  Pa. Code §
													171.104 (relating to limitation on
						  matters considered); 40 Pa. Code §
													15.52 (relating to official notice
						  of facts); and 52 Pa. Code §
													5.408 (relating to official and
						  judicial notice of fact); 52 Pa. Code §
													1005.148 (relating to official and
						  judicial notice of fact); 58 Pa. Code §
													494a.4 (relating to report or
						  recommendation of the presiding officer); 61 Pa. Code §
													702.6 (relating to formal rules of
						  evidence); 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 D - MOTIONS › Section 35.177 - Scope and contents of motions

Current through Register Vol. 54, No. 28, July 13, 2024
After a hearing has commenced in a proceeding, a request
					 may be made by motion for any procedural or interlocutory ruling or relief
					 desired, except as may be otherwise expressly provided in this chapter. Other
					 motions may be made as provided for elsewhere in this chapter. Motions shall
					 set forth the ruling or relief sought, and state the grounds therefor and the
					 statutory or other authority relied upon.
This section cited in 4 Pa. Code §
												89.30 (relating to motions); 12 Pa.
						Code §
												11.11 (relating to motions); 25 Pa.
						Code §
												1021.91 (relating to general); 25
						Pa. Code §
												1021.92 (relating to procedural
						motions); 25 Pa. Code §
												1021.93 (relating to discovery
						motions); 25 Pa. Code §
												1021.94 (relating to dispositive
						motions other than summary judgment motions); 34 Pa. Code §
												131.53b (relating to bifurcation
						and motions for disposition of a petition); 51 Pa. Code §
												21.26 (relating to motions); 52 Pa.
						Code §
												5.103 (relating to motions); 52 Pa.
						Code §
												1005.71 (relating to motions); 58
						Pa. Code §
												493a.8 (relating to motions
						generally); 58 Pa. Code §
												493a.9 (relating to preliminary
						motions); 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 D - MOTIONS › Section 35.178 - Presentation of motions

Current through Register Vol. 54, No. 28, July 13, 2024
Motions may be made in writing at any time and motions made
					 during hearings may be stated orally upon the record, or the presiding officer
					 may require that such oral motions be reduced to writing and filed
					 separately.
This section cited in 4 Pa. Code §
												89.30 (relating to motions); 12 Pa.
						Code §
												11.11 (relating to motions); 25 Pa.
						Code §
												1021.91 (relating to general); 34
						Pa. Code §
												95.91 (relating to hearings); 34
						Pa. Code §
												131.53b (relating to bifurcation
						and motions for disposition of a petition); 37 Pa. Code §
												197.11a (relating to motions and
						petitions); 52 Pa. Code §
												5.103 (relating to motions); 52 Pa.
						Code §
												1005.71 (relating to motions); 58
						Pa. Code §
												493a.8 (relating to motions
						generally); 58 Pa. Code §
												493a.9 (relating to preliminary
						motions); 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 D - MOTIONS › Section 35.179 - Objections to motions

Current through Register Vol. 54, No. 28, July 13, 2024
Any participant shall have 10 days within which to answer
					 or object to any motion unless the period of time is otherwise fixed by the
					 agency head or the presiding officer.
This section cited in 1 Pa. Code §
												35.225 (relating to interlocutory
						orders); 4 Pa. Code §
												89.30 (relating to motions); 12 Pa.
						Code §
												11.11 (relating to motions); 25 Pa.
						Code §
												1021.92 (relating to procedural
						motions); 25 Pa. Code §
												1021.93 (relating to discovery
						motions); 25 Pa. Code §
												1021.94 (relating to dispositive
						motions other than summary judgment motions); 34 Pa. Code §
												131.53b (relating to bifurcation
						and motions for disposition of a petition); 37 Pa. Code §
												197.11a (relating to motions and
						petitions); 52 Pa. Code §
												5.103 (relating to motions); 52 Pa.
						Code §
												1005.71 (relating to motions); 55
						Pa. Code §
												41.131 (relating to motions in
						general); 58 Pa. Code §
												493a.8 (relating to motions
						generally); 58 Pa. Code §
												493a.9 (relating to preliminary
						motions); and 61 Pa. Code §
												703.34 (relating to hearing
						procedure).