Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter A - PLEADINGS AND OTHER PRELIMINARY MATTERS › FORMAL COMPLAINTS › Section 35.9 - Formal complaints generally

Current through Register Vol. 54, No. 28, July 13, 2024
A person complaining of anything done or omitted to be
						done by a person subject to the jurisdiction of an agency, in violation of a
						statute or regulation administered or issued by the agency may file a complaint
						with the agency. If the complaint relates to a provision in a tariff, policy
						form or other similar contract document on file with the agency, the document
						should be identified. A copy of the complaint will be forwarded by the agency
						to the respondent who will be called upon to satisfy the complaint or to answer
						the same in writing within the time specified in §
											35.35 (relating to answers to
						complaints and petitions), or such lesser time as may be prescribed by statute,
						after the date of service of the complaint, unless the agency with or without
						motion shall prescribe a different time. If, in the judgment of the agency, a
						violation of a statute or regulation administered or issued by the agency has
						been alleged and has not been satisfied adequately the agency will either
						invite the parties to an informal conference, set the matter for a formal
						hearing, or take another action which in the judgment of the agency is
						appropriate. In the event that a hearing is held the complainant automatically
						shall be a party thereto and need not file a petition for leave to
						intervene.
This section cited in 1 Pa. Code §
													35.5 (relating to form and content
						  of informal complaints); 4 Pa. Code §
													105.12 (relating to requests); 7
						  Pa. Code §
													179.13 (relating to complaints and
						  other pleadings); 12 Pa. Code §
													11.7 (relating to complaints); 22
						  Pa. Code §
													351.1 (relating to purpose and
						  scope); 25 Pa. Code §
													1021.51 (relating to commencement,
						  form and content); 25 Pa. Code §
													1021.52 (relating to timeliness of
						  appeal); 25 Pa. Code §
													1021.53 (relating to amendments to
						  appeal or complaint); 25 Pa. Code §
													1021.71 (relating to complaints
						  filed by the Department); 25 Pa. Code §
													1021.72 (relating to complaints
						  filed by other persons); 25 Pa. Code §
													1021.73 (relating to transferred
						  matters); 34 Pa. Code §
													81.71 (relating to filing); 34 Pa.
						  Code §
													111.15 (relating to no other
						  pleadings allowed); 34 Pa. Code §
													131.32 (relating to petitions
						  except petitions for joinder and challenge proceedings); 34 Pa. Code §
													131.121 (relating to penalty
						  proceedings initiated by a party); 37 Pa. Code §
													171.44 (relating to supporting
						  legal authority); 37 Pa. Code §
													421.21 (relating to reconsideration
						  of adverse determination and request for hearing); 51 Pa. Code §
													21.1 (relating to complaints); 52
						  Pa. Code §
													5.21 (relating to formal complaints
						  generally); 52 Pa. Code §
													1005.11 (relating to formal
						  complaints generally); 52 Pa. Code §
													1005.12 (relating to content of
						  formal complaints); 52 Pa. Code § 1005.13 (relating to citation complaints
						  by the Authority); 55 Pa. Code §
													41.31 (relating to request for
						  hearing); 55 Pa. Code §
													41.32 (relating to timeliness and
						  perfection of requests for hearing); 55 Pa. Code §
													41.33 (relating to appeals nunc pro
						  tunc); 58 Pa. Code §
													493a.1 (relating to generally); 58
						  Pa. Code §
													493a.2 (relating to complaints);
						  and 61 Pa. Code §
													703.5 (relating to other
						  submissions).