reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter D - MOTIONS › Section 35.180 - Action on motions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  presiding officer designated to preside at a hearing is authorized to rule upon
				  any motion not formally acted upon by the agency head prior to the commencement
				  of the hearing where immediate ruling is essential in order to proceed with the
				  hearing, and upon any motion filed or made after the commencement of the
				  hearing and prior to the submission of his proposed report in the proceedings,
				  except that no motion made before or during a hearing, a ruling upon which
				  would involve or constitute a final determination of the proceeding, shall be
				  ruled upon by a presiding officer except as a part of his proposed report
				  submitted after the conclusion of the hearing. A presiding officer may refer
				  any motion to the agency head for ultimate determination. The agency head will
				  rule upon all other motions and upon such motions as presiding officers may
				  certify to the agency head for disposition.
(b) With respect to any motion filed with the
				  agency head after a hearing has commenced, or made to a presiding officer after
				  a hearing has commenced and referred to the agency head, unless the agency head
				  acts within 30 days after such filing or referral, whichever is later, the
				  motion shall be deemed to have been denied. The presiding officer, either by an
				  announcement on the record where the hearing is in session or by written notice
				  if the hearing is in recess, shall notify the parties to the proceeding of the
				  date on which a motion is referred to the agency head.
This section cited in 4 Pa. Code §
												89.30 (relating to motions); 12 Pa.
						Code §
												11.11 (relating to motions); 34 Pa.
						Code §
												131.53b (relating to bifurcation
						and motions for disposition of a petition); 52 Pa. Code §
												5.103 (relating to hearing
						motions); 52 Pa. Code §
												1005.71 (relating to motions); 55
						Pa. Code §
												41.132 (relating to actions on
						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 E - PRESIDING OFFICERS › Section 35.185 - Designation of presiding officers

Current through Register Vol. 54, No. 28, July 13, 2024
When evidence is to be taken in a proceeding, either the
					 agency head or, when designated for that purpose, one or more of its members,
					 examiners or other representative appointed according to law, may preside at
					 the hearing.
This section cited in 4 Pa. Code §
												89.22 (relating to hearing
						examiner); 4 Pa. Code §
												265.3 (relating to level II
						hearings); 4 Pa. Code §
												265.4 (relating to appeals-level
						III); 4 Pa. Code §
												607a.3 (relating to presiding
						officer); 6 Pa. Code §
												22.95 (relating to formal appeals
						and hearings); 6 Pa. Code §
												30.14 (relating to procedure for
						designation); 6 Pa. Code §
												30.23 (relating to procedure for
						redesignation); 7 Pa. Code §
												179.59 (relating to presiding
						officers); 7 Pa. Code §
												179.96 (relating to conduct of
						hearing); 12 Pa. Code §
												11.14 (relating to presiding
						officer); 22 Pa. Code §
												121.9 (relating to administrative
						loan collection review procedures); 22 Pa. Code §
												201.2a (relating to definitions);
						28 Pa. Code §
												1113.2 (relating to administrative
						appeal procedures); 34 Pa. Code §
												3a.9 (relating to suspension or
						revocation of Pennsylvania inspector commission); 34 Pa. Code §
												71.25 (relating to hearing
						procedures); 34 Pa. Code §
												95.91 (relating to hearings); 34
						Pa. Code §
												131.60 (relating to resolution
						hearings); 34 Pa. Code §
												401.14 (relating to decertification
						or refusal to certify); 37 Pa. Code §
												21.54 (relating to hearing
						examiner); 37 Pa. Code §
												79.83 (relating to appointment of
						hearing examiner); 37 Pa. Code §
												123.8 (relating to presiding
						officer); 37 Pa. Code §
												407.33 (relating to hearings); 52
						Pa. Code §
												5.481 (relating to designation of
						presiding officers); 52 Pa. Code §
												1003.73 (relating to Adjudication
						Department); 52 Pa. Code §
												1005.181 (relating to designation
						of presiding officer); 58 Pa. Code §
												51.27 (relating to hearings); 58
						Pa. Code §
												51.107 (relating to hearings); 58
						Pa. Code §
												491a.7 (relating to presiding
						officers); 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 E - PRESIDING OFFICERS › Section 35.186 - Disqualification of a presiding officer

Current through Register Vol. 54, No. 28, July 13, 2024
A presiding officer may withdraw from a proceeding when he
					 deems himself disqualified, or he may be withdrawn by the agency head for good
					 cause found after timely affidavits alleging personal bias or other
					 disqualification have been filed and the matter has been heard by the agency
					 head or by another presiding officer to whom the agency head has delegated the
					 matter for investigation and report.
This section cited in 4 Pa. Code §
												89.22 (relating to hearing
						examiner); 7 Pa. Code §
												179.59 (relating to presiding
						officers); 7 Pa. Code §
												179.96 (relating to conduct of
						hearing); 12 Pa. Code §
												11.14 (relating to presiding
						officer); 34 Pa. Code §
												3a.9 (relating to suspension or
						revocation of Pennsylvania inspector commission); 34 Pa. Code §
												131.24 (relating to recusal of
						judge); 34 Pa. Code §
												131.59 (relating to mediation); 34
						Pa. Code §
												401.14 (relating to decertification
						or refusal to certify); 52 Pa. Code §
												5.482 (relating to disqualification
						of a presiding officer); 52 Pa. Code §
												1003.73 (relating to Adjudication
						Department); 52 Pa. Code §
												1005.183 (relating to
						disqualification of a presiding officer); 58 Pa. Code §
												491a.6 (relating to hearing
						officers); 58 Pa. Code §
												491a.7 (relating to presiding
						officers); 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 E - PRESIDING OFFICERS › Section 35.188 - Restrictions on duties and activities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Presiding officers may perform no duties
				  inconsistent with their duties and responsibilities as such.
(b) Save to the extent required for the
				  disposition of ex parte matters as authorized by law and by the regulations of
				  the agency, no presiding officer shall, in a proceeding which the agency head
				  has directed be conducted under this subsection, consult a person or party on a
				  fact in issue unless upon notice and opportunity for participants to
				  participate.
This section cited in 4 Pa. Code §
												89.22 (relating to hearing
						examiner); 7 Pa. Code §
												179.59 (relating to presiding
						officers); 7 Pa. Code §
												179.96 (relating to conduct of
						hearing); 34 Pa. Code §
												3a.9 (relating to suspension or
						revocation of Pennsylvania inspector commission); 34 Pa. Code §
												131.59 (relating to mediation); 34
						Pa. Code §
												131.59a (relating to voluntary
						mediation); 34 Pa. Code §
												131.59b (relating to mandatory
						mediation); 34 Pa. Code §
												131.202 (relating to first hearing
						information and stay); 34 Pa. Code §
												131.204 (relating to UEGF subpoenas
						and interrogatories); 34 Pa. Code §
												401.14 (relating to decertification
						or refusal to certify); 37 Pa. Code §
												203.103 (relating to hearing
						procedures); 52 Pa. Code §
												5.484 (relating to restrictions on
						duties and activities); 52 Pa. Code §
												1005.185 (relating to restrictions
						on duties and activities); 58 Pa. Code §
												491a.7 (relating to presiding
						officers); 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 E - PRESIDING OFFICERS › Section 35.189 - Manner of conduct of hearings

Current through Register Vol. 54, No. 28, July 13, 2024
It is the duty of the presiding officer to conduct a fair
					 and impartial hearing and to maintain order. Any disregard by participants or
					 counsel of rulings of the presiding officer on matters of order and procedure
					 shall be noted on the record, and if he deems it necessary, shall be made the
					 subject of a special written report to the agency head. In the event that
					 participants or counsel should be guilty of disrespectful, disorderly or
					 contumacious language or conduct in connection with any hearing, the presiding
					 officer immediately may submit to the agency head his report thereon, together
					 with his recommendations, and in his discretion suspend the
					 hearing.
This section cited in 4 Pa. Code §
												607a.15 (relating to form of
						hearings); 7 Pa. Code §
												179.59 (relating to presiding
						officers); 7 Pa. Code §
												179.96 (relating to conduct of
						hearing); 34 Pa. Code §
												3a.9 (relating to suspension or
						revocation of Pennsylvania inspector commission); 34 Pa. Code §
												81.83 (relating to conduct of
						hearings); 34 Pa. Code §
												401.14 (relating to decertification
						or refusal to certify); 37 Pa. Code §
												203.103 (relating to hearing
						procedures); 52 Pa. Code §
												5.485 (relating to manner of
						conduct of hearings); 52 Pa. Code §
												1005.186 (relating to manner of
						conduct of hearings); 58 Pa. Code §
												491a.7 (relating to presiding
						officers); 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 F - BRIEFS › Section 35.191 - Proceedings in which briefs are to be filed

Current through Register Vol. 54, No. 28, July 13, 2024
Unless waived by the participants with the consent of the
					 presiding officer, whether oral argument is heard or not, at the close of the
					 taking of testimony in each proceeding, the presiding officer shall fix the
					 time for the filing and service of briefs, giving due regard to the nature of
					 the proceeding, the magnitude of the record and the complexity or importance of
					 the issues involved; and he shall fix the order in which the briefs shall be
					 filed. The first or initial brief shall be filed by the participant or
					 participants upon whom rests the burden of proof, except that the presiding
					 officer, when in his judgment the circumstances or exigencies require, may
					 direct that briefs shall be filed simultaneously. In no proceeding, whether
					 briefs are to be filed simultaneously or otherwise, shall a participant upon
					 whom rests the burden of proof be denied the right to file a reply
					 brief.
This section cited in 4 Pa. Code §
												89.32 (relating to briefs and oral
						argument); 7 Pa. Code §
												131.34 (relating to briefs,
						suggested findings); 7 Pa. Code §
												179.66 (relating to briefs and oral
						argument); 10 Pa. Code §
												3.13 (relating to briefs); 22 Pa.
						Code §
												201.10 (relating to briefs); 25 Pa.
						Code §
												1021.131 (relating to posthearing
						briefs); 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 §
												21.56 (relating to briefs); 51 Pa.
						Code §
												21.27 (relating to briefs); 52 Pa.
						Code §
												5.502 (relating to filing and
						service of briefs); 52 Pa. Code §
												1005.192 (relating to filing and
						service of briefs); 55 Pa. Code §
												41.181 (relating to posthearing
						briefs); 58 Pa. Code §
												51.27 (relating to hearings); 58
						Pa. Code §
												51.107 (relating to hearings); and
						61 Pa. Code §
												703.5 (relating to other
						submissions).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter F - BRIEFS › Section 35.192 - Content and form of briefs

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Briefs shall contain the following:
(1) A
				  concise statement of the case.
(2)
				  An abstract of the evidence relied upon by the participant filing, preferably
				  assembled by subjects, with references to the pages of the record or exhibits
				  where the evidence appears.
(3)
				  Proposed findings and conclusions and, if desired, a proposed form of order or
				  regulation, together with the reasons and authorities therefor, separately
				  stated.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter F - BRIEFS › Section 35.193 - Filing and service of briefs

Current through Register Vol. 54, No. 28, July 13, 2024
Briefs not filed and served on or before the dates fixed
					 therefore may not be accepted for filing, except by special permission of the
					 agency head or the presiding officer. Except where filing of a different number
					 is permitted or directed by the agency head or presiding officer, 5 copies of
					 each brief shall be furnished for the use of the agency.
This section cited in 1 Pa. Code §
												33.15 (relating to number of
						copies); 4 Pa. Code §
												89.32 (relating to briefs and oral
						argument); 4 Pa. Code §
												110.3 (relating to briefs); 7 Pa.
						Code §
												131.34 (relating to briefs,
						suggested findings); 10 Pa. Code §
												3.13 (relating to briefs); 25 Pa.
						Code §
												1021.131 (relating to posthearing
						briefs); 34 Pa. Code §
												131.101 (relating to briefs,
						findings of fact and close of record); 34 Pa. Code §
												213.5 (relating to briefs); 40 Pa.
						Code §
												17.9 (relating to briefs); 52 Pa.
						Code §
												5.502 (relating to filing and
						service of briefs); 52 Pa. Code §
												1005.192 (relating to filing and
						service of briefs); 55 Pa. Code §
												41.181 (relating to posthearing
						briefs); 58 Pa. Code §
												51.27 (relating to hearings); 58
						Pa. Code §
												51.107 (relating to hearings); and
						61 Pa. Code §
												703.5 (relating to other
						submissions).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter G - PROPOSED REPORTS › PROPOSED REPORTS GENERALLY › Section 35.203 - Unavailability of presiding officer

Current through Register Vol. 54, No. 28, July 13, 2024
If a presiding officer becomes unavailable to the agency,
						the agency head will either designate another qualified officer to prepare a
						proposed report or will cause the record to be certified to it for decision, as
						may be deemed appropriate, giving notice to the parties.
This section cited in 4 Pa. Code §
													607a.20 (relating to proposed
						  decision and order); 12 Pa. Code §
													11.14 (relating to presiding
						  officer); 22 Pa. Code §
													351.1 (relating to purpose and
						  scope); 28 Pa. Code §
													301.7 (relating to fair hearing);
						  31 Pa. Code §
													56.1 (relating to applicability of
						  general rules); 31 Pa. Code §
													56.2 (relating to adjudication
						  procedure); 34 Pa. Code §
													3a.9 (relating to suspension or
						  revocation of Pennsylvania inspector commission); 34 Pa. Code §
													111.18 (relating to decisions of
						  the Board); 34 Pa. Code §
													131.60 (relating to resolution
						  hearings); 34 Pa. Code §
													131.111 (relating to decisions of
						  judges); 34 Pa. Code §
													401.14 (relating to decertification
						  or refusal to certify); 34 Pa. Code §
													501.8 (relating to
						  hearings/appeals); 37 Pa. Code §
													21.61 (relating to hearing
						  examiner's recommendation); 52 Pa. Code §
													5.486 (relating to unavailability
						  of presiding officer); 52 Pa. Code §
													5.531 (relating to certification of
						  record without decision); 52 Pa. Code §
													1005.187 (relating to
						  unavailability of presiding officer); 52 Pa. Code §
													1005.202 (relating to certification
						  of record without decision); 55 Pa. Code §
													41.191 (relating to determinations
						  and recommendations by the Bureau); 58 Pa. Code §
													494a.4 (relating to report or
						  recommendation of the presiding officer); 61 Pa. Code §
													703.5 (relating to other
						  submissions); and 67 Pa. Code §
													491.11 (relating to proposed
						  report).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter G - PROPOSED REPORTS › PROPOSED REPORTS GENERALLY › Section 35.206 - Proposed report a part of the record

Current through Register Vol. 54, No. 28, July 13, 2024
Proposed reports shall become a part of the
						record.
This section cited in 4 Pa. Code §
													607a.20 (relating to proposed
						  decision and order); 12 Pa. Code §
													11.14 (relating to presiding
						  officer); 22 Pa. Code §
													351.1 (relating to purpose and
						  scope); 31 Pa. Code §
													56.1 (relating to applicability of
						  general rules); 31 Pa. Code §
													56.2 (relating to adjudication
						  procedure); 34 Pa. Code §
													3a.9 (relating to suspension or
						  revocation of Pennsylvania inspector commission); 34 Pa. Code §
													111.18 (relating to decisions of
						  the Board); 34 Pa. Code §
													131.60 (relating to resolution
						  hearings); 34 Pa. Code §
													131.111 (relating to decisions of
						  judges); 34 Pa. Code §
													401.14 (relating to decertification
						  or refusal to certify); 34 Pa. Code §
													501.8 (relating to
						  hearings/appeals); 37 Pa. Code §
													21.61 (relating to hearing
						  examiner's recommendation); 52 Pa. Code §
													5.531 (relating to certification of
						  record without decision); 52 Pa. Code §
													1005.202 (relating to certification
						  of record without decision); 55 Pa. Code §
													41.191 (relating to determinations
						  and recommendations by the Bureau); 58 Pa. Code §
													494a.4 (relating to report or
						  recommendation of the presiding officer); 61 Pa. Code §
													703.5 (relating to other
						  submissions); and 67 Pa. Code §
													491.11 (relating to proposed
						  report).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter G - PROPOSED REPORTS › PROPOSED REPORTS GENERALLY › Section 35.207 - Service of proposed reports

Current through Register Vol. 54, No. 28, July 13, 2024
Proposed reports shall be filed with the office of the
						agency, which shall serve copies thereof upon all parties and staff counsel,
						whose appearances have been entered under §
											31.24 (relating to notice of
						appearance).
This section cited in 4 Pa. Code §
													265.2 (relating to level I review);
						  4 Pa. Code §
													265.4 (relating to appeals-level
						  III); 4 Pa. Code §
													607a.20 (relating to proposed
						  decision and order); 12 Pa. Code §
													11.14 (relating to presiding
						  officer); 22 Pa. Code §
													121.9 (relating to administrative
						  loan collection review procedures); 22 Pa. Code §
													121.10 (relating to administrative
						  wage garnishment procedures for Federal loans); 22 Pa. Code §
													201.11 (relating to proposed
						  opinion and recommendation); 22 Pa. Code §
													351.1 (relating to purpose and
						  scope); 31 Pa. Code §
													56.1 (relating to applicability of
						  general rules); 31 Pa. Code §
													56.2 (relating to adjudication
						  procedure); 34 Pa. Code §
													3a.9 (relating to suspension or
						  revocation of Pennsylvania inspector commission); 34 Pa. Code §
													111.18 (relating to decisions of
						  the Board); 34 Pa. Code §
													131.60 (relating to resolution
						  hearings); 34 Pa. Code §
													131.111 (relating to decisions of
						  judges); 34 Pa. Code §
													401.14 (relating to decertification
						  or refusal to certify); 34 Pa. Code §
													501.8 (relating to
						  hearings/appeals); 37 Pa. Code §
													21.61 (relating to hearing
						  examiner's recommendation); 52 Pa. Code §
													5.531 (relating to certification of
						  record without decision); 52 Pa. Code §
													1005.202 (relating to certification
						  of record without decision); 55 Pa. Code §
													41.191 (relating to determinations
						  and recommendations by the Bureau); 61 Pa. Code §
													703.5 (relating to other
						  submissions); and 67 Pa. Code §
													491.11 (relating to proposed
						  report).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter G - PROPOSED REPORTS › EXCEPTIONS TO PROPOSED REPORTS › Section 35.212 - Content and form of briefs on exceptions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Briefs on exceptions.
(1) Briefs on exceptions shall contain:
(i) A short statement of the case.
(ii) A summary of the basic position of the
					 party filing.
(iii) The grounds
					 upon which the exceptions rest.
(iv) The argument in support with appropriate
					 references to the record and legal authorities.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter G - PROPOSED REPORTS › EXCEPTIONS TO PROPOSED REPORTS › Section 35.213 - Effect of failure to except to proposed report

Current through Register Vol. 54, No. 28, July 13, 2024
Failure to file a brief on exceptions within the time
						allowed under §
											35.211 (relating to procedure to
						except to proposed report) shall constitute a waiver of all objections to the
						proposed report. Objections to any part of a proposed report which is not the
						subject of exceptions may not thereafter be raised before the agency head in
						oral argument, or in an application for agency rehearing or reconsideration,
						and shall be deemed to have been waived. The agency head may refuse to consider
						exceptions to a ruling admitting or excluding evidence unless there was an
						objection at the time the ruling was made or within any deferred time provided
						by the presiding officer.
This section cited in 4 Pa. Code §
													265.2 (relating to level I review);
						  4 Pa. Code §
													265.4 (relating to appeals-level
						  III); 4 Pa. Code §
													607a.21 (relating to exceptions); 7
						  Pa. Code §
													179.66 (relating to briefs and oral
						  argument); 12 Pa. Code §
													11.15 (relating to final orders);
						  22 Pa. Code §
													351.1 (relating to purpose and
						  scope); 28 Pa. Code §
													301.7 (relating to fair hearing);
						  31 Pa. Code §
													56.1 (relating to applicability of
						  general rules); 31 Pa. Code §
													56.2 (relating to adjudication
						  procedure); 34 Pa. Code §
													95.98 (relating to decisions of the
						  Board); 34 Pa. Code §
													111.15 (relating to no other
						  pleadings allowed); 34 Pa. Code §
													125.6 (relating to decision on
						  application); 34 Pa. Code §
													131.112 (relating to correction or
						  amendment of decision); 37 Pa. Code §
													203.103 (relating to hearing
						  procedures); 43 Pa. Code §
													7.12 (relating to discipline and
						  discharge); 52 Pa. Code §
													5.536 (relating to effect of
						  failure to file exceptions); 52 Pa. Code §
													1005.213 (relating to final orders
						  and effect of failure to file exceptions); 55 Pa. Code §
													41.191 (relating to determinations
						  and recommendations by the Bureau); 58 Pa. Code §
													494a.7 (relating to exceptions); 61
						  Pa. Code §
													703.5 (relating to other
						  submissions); and 67 Pa. Code §
													491.12 (relating to
						  exceptions).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter G - PROPOSED REPORTS › EXCEPTIONS TO PROPOSED REPORTS › Section 35.214 - Oral argument on exceptions

Current through Register Vol. 54, No. 28, July 13, 2024
A party or staff counsel filing a brief on exceptions or
						brief opposing exceptions may by motion request an opportunity to present oral
						argument to the agency head on the proposed report. The motion shall be filed
						within the time limited for the filing of briefs opposing exceptions. If oral
						argument is ordered, it shall be limited, unless otherwise specified, to
						matters properly raised by the briefs.
This section cited in 7 Pa. Code §
													179.66 (relating to briefs and oral
						  argument); 12 Pa. Code §
													11.15 (relating to final orders);
						  22 Pa. Code §
													121.9 (relating to administrative
						  loan collection review procedures); 22 Pa. Code §
													121.10 (relating to administrative
						  wage garnishment procedures for Federal loans); 22 Pa. Code §
													201.12 (relating to oral argument
						  before the Board); 22 Pa. Code §
													351.1 (relating to purpose and
						  scope); 28 Pa. Code §
													301.7 (relating to fair hearing);
						  31 Pa. Code §
													56.1 (relating to applicability of
						  general rules); 31 Pa. Code §
													56.2 (relating to adjudication
						  procedure); 34 Pa. Code §
													95.98 (relating to decisions of the
						  Board); 34 Pa. Code §
													111.17 (relating to oral argument);
						  34 Pa. Code §
													125.6 (relating to decision on
						  application); 34 Pa. Code §
													131.102 (relating to oral
						  argument); 34 Pa. Code §
													131.112 (relating to correction or
						  amendment of decision); 52 Pa. Code §
													5.538 (relating to oral argument
						  before the Commission); 52 Pa. Code §
													1005.214 (relating to oral argument
						  before the Authority); 55 Pa. Code §
													41.191 (relating to determinations
						  and recommendations by the Bureau); 58 Pa. Code §
													51.45 (relating to procedures); 58
						  Pa. Code §
													494a.7 (relating to exceptions); 61
						  Pa. Code §
													703.5 (relating to other
						  submissions); and 67 Pa. Code §
													491.12 (relating to
						  exceptions).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter H - AGENCY ACTION › BRIEFS AND ARGUMENT IN ABSENCE OF PROPOSED REPORT › Section 35.221 - Briefs and oral argument in absence of proposed report

Current through Register Vol. 54, No. 28, July 13, 2024
In proceedings in which the agency head has not directed
						the preparation of a proposed report, a participant filing a brief may by
						motion request an opportunity to present oral argument to the agency head. The
						motion shall be filed within the time limited for the filing of reply briefs.
						If oral argument is ordered, it shall be limited, unless otherwise specified,
						to matters properly raised by the briefs.
This section cited in 4 Pa. Code §
													89.32 (relating to briefs and oral
						  argument); 4 Pa. Code §
													265.4 (relating to appeals-level
						  III); 12 Pa. Code §
													11.15 (relating to final orders);
						  22 Pa. Code §
													351.1 (relating to purpose and
						  scope); 28 Pa. Code §
													301.7 (relating to fair hearing);
						  31 Pa. Code §
													56.1 (relating to applicability of
						  general rules); 31 Pa. Code §
													56.2 (relating to adjudication
						  procedure); 34 Pa. Code §
													95.91 (relating to hearings); 34
						  Pa. Code §
													111.16 (relating to briefs: content
						  and form and time for filing); 34 Pa. Code §
													111.17 (relating to oral argument);
						  34 Pa. Code §
													121.27 (relating to orders to show
						  cause); 34 Pa. Code §
													125.6 (relating to decision on
						  application); 34 Pa. Code §
													131.101 (relating to briefs,
						  findings of fact and close of record); 34 Pa. Code §
													131.102 (relating to oral
						  argument); 37 Pa. Code §
													171.95 (relating to trial briefs);
						  52 Pa. Code §
													5.538 (relating to oral argument
						  before the Commission); 52 Pa. Code §
													1005.214 (relating to oral argument
						  before the Authority); 55 Pa. Code §
													41.191 (relating to determinations
						  and recommendations by the Bureau); and 61 Pa. Code §
													703.5 (relating to other
						  submissions).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter H - AGENCY ACTION › DECISIONS › Section 35.225 - Interlocutory orders

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When the
					 agency head has made an order which is not a final order, a participant may by
					 motion request that the agency head find, and include the finding in the order
					 by amendment, that the order involves a controlling question of law as to which
					 there is a substantial ground for difference of opinion and that an immediate
					 appeal from the order under
					 42 Pa.C.S. §
												702
					 (relating to interlocutory order) may materially advance the ultimate
					 termination of the matter. The motion shall be filed within 10 days after
					 service of the order, and shall be subject to §
											35.179 (relating to objections to
					 motions). Unless the agency head acts within 30 days after the filing of the
					 motion, the motion shall be deemed denied.
(b) Neither the filing of a motion under
					 subsection (a), nor the adoption of an amended order containing the requested
					 finding, shall stay a proceeding before the agency head or presiding officer
					 unless otherwise ordered by the agency head or the Commonwealth
					 Court.
This section cited in 4 Pa. Code §
													89.33 (relating to decisions); 12
						  Pa. Code §
													11.15 (relating to final orders);
						  22 Pa. Code §
													351.1 (relating to purpose and
						  scope); 25 Pa. Code §
													1021.153 (relating to amendment of
						  interlocutory orders); 28 Pa. Code §
													301.7 (relating to fair hearing);
						  34 Pa. Code §
													111.21 (relating to content and
						  form); 34 Pa. Code §
													111.24 (relating to disposition of
						  request for supersedeas); 34 Pa. Code §
													131.24 (relating to recusal of
						  judge); 34 Pa. Code §
													131.41 (relating to request for
						  supersedeas or reconsideration of supersedeas); 34 Pa. Code §
													131.43 (relating to disposition of
						  request for 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 §
													131.53b (relating to bifurcation
						  and motions for disposition of a petition); 34 Pa. Code §
													131.56a (relating to withdrawal of
						  appearance); 34 Pa. Code §
													131.111 (relating to decisions of
						  judges); 52 Pa. Code §
													5.633 (relating to certification of
						  interlocutory orders); 52 Pa. Code §
													1005.243 (relating to certification
						  of interlocutory orders); and 61 Pa. Code §
													703.45 (relating to appeal
						  rights).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter H - AGENCY ACTION › DECISIONS › Section 35.226 - Final orders

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Adjudications of an agency head shall be final orders, subject only to
					 application for rehearing, if any, provided for by the statute under which the
					 proceeding is initiated and conducted, except proposed regulations that may be
					 issued in rulemaking. Final orders shall include:
(1) Adjudications by the agency head in
					 proceedings in which the agency head has presided at the reception of
					 evidence.
(2) Adjudications by the
					 agency head upon appeal of proposed reports by participants, by filing
					 exceptions in the manner and time provided by §
												35.211 (relating to procedure to
					 except to proposed report), or upon review initiated by the agency head within
					 10 days next following the expiration of the time for filing exceptions under
					 the section, or another time as the agency head may fix in specific
					 cases.
(3) Proposed reports, upon
					 the expiration of the time provided for an appeal to or review by the agency
					 head without the appeal or review having been initiated.
(4) Adjudications by the agency head in
					 proceeding in which a presiding officer has presided at the reception of
					 evidence and which are not subject to §
												35.202 (relating to proceedings in
					 which proposed reports are prepared).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter I - REOPENING AND REHEARING › REOPENING OF RECORD › Section 35.231 - Reopening on application of party

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Petition to reopen.
After the conclusion of a hearing in a
					 proceeding or adjournment thereof sine die, a participant in the proceeding may
					 file with the presiding officer, if before issuance by the presiding officer of
					 a proposed report, otherwise with the agency head, a petition to reopen the
					 proceeding for the purpose of taking additional evidence. The petition shall
					 set forth clearly the facts claimed to constitute grounds requiring reopening
					 of the proceeding, including material changes of fact or of law alleged to have
					 occurred since the conclusion of the hearing.
(b)
Responses.
Within 10
					 days following the service of the petition, another participant may file with
					 the presiding officer or the agency head, his answer thereto, and in default
					 thereof shall be deemed to have waived an objection to the granting of the
					 petition.
(c)
Action on
					 petition.
As soon as practicable after the filing of responses to the
					 petitions or default thereof, as the case may be, the presiding officer or
					 agency head will grant or deny the petition.
This section cited in 6 Pa. Code §
													30.23 (relating to procedure for
						  redesignation); 7 Pa. Code §
													179.68 (relating to contents and
						  close of the record); 7 Pa. Code §
													179.71 (relating to reopening of
						  record); 28 Pa. Code §
													301.7 (relating to fair hearing);
						  34 Pa. Code §
													111.15 (relating to no other
						  pleadings allowed); 34 Pa. Code §
													131.101 (relating to briefs,
						  findings of fact and close of record); 51 Pa. Code §
													21.29 (relating to finality;
						  reconsideration); 52 Pa. Code §
													5.431 (relating to close of the
						  record); 52 Pa. Code §
													5.571 (relating to reopening prior
						  to a final decision); 52 Pa. Code §
													1005.171 (relating to close of the
						  record); 52 Pa. Code §
													1005.221 (relating to reopening
						  prior to a final decision); 55 Pa. Code §
													41.201 (relating to reopening of
						  record prior to adjudication); 58 Pa. Code §
													494a.6 (relating to reopening of
						  record); and 61 Pa. Code §
													703.41 (relating to request for
						  reconsideration).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter I - REOPENING AND REHEARING › REOPENING OF RECORD › Section 35.232 - Reopening by presiding officer

Current through Register Vol. 54, No. 28, July 13, 2024
Prior to the filing of his proposed report a presiding
						officer, after notice to the participants, may reopen the proceeding for the
						reception of further evidence on his own motion, if he has reason to believe
						that conditions of fact or of law have so changed as to require, or that the
						public interest requires, the reopening of the proceeding.
This section cited in 4 Pa. Code §
													89.33 (relating to decisions); 7
						  Pa. Code §
													179.68 (relating to contents and
						  close of the record); 7 Pa. Code §
													179.71 (relating to reopening of
						  record); 25 Pa. Code §
													1021.133 (relating to reopening of
						  record prior to adjudication); 28 Pa. Code §
													301.7 (relating to fair hearing);
						  34 Pa. Code §
													131.101 (relating to briefs,
						  findings of fact and close of record); 51 Pa. Code §
													21.29 (relating to finality;
						  reconsideration); 52 Pa. Code §
													5.431 (relating to close of the
						  record); 52 Pa. Code §
													5.571 (relating to reopening prior
						  to a final decision); 52 Pa. Code §
													1005.171 (relating to close of the
						  record); 52 Pa. Code §
													1005.221 (relating to reopening
						  prior to a final decision); 55 Pa. Code §
													41.201 (relating to reopening of
						  record prior to adjudication); 58 Pa. Code §
													494a.6 (relating to reopening of
						  record); and 61 Pa. Code §
													703.41 (relating to request for
						  reconsideration).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter I - REOPENING AND REHEARING › REOPENING OF RECORD › Section 35.233 - Reopening by agency action

Current through Register Vol. 54, No. 28, July 13, 2024
Prior to the issuance by the agency head of an
						adjudication in a proceeding the agency head, after notice to the participants,
						may without motion reopen the proceeding for the reception of further evidence,
						if the agency head has reason to believe that conditions of fact or law have so
						changed as to require, or that the public interest requires, the reopening of
						the proceeding.
This section cited in 7 Pa. Code §
													179.71 (relating to reopening of
						  record); 25 Pa. Code §
													1021.133 (relating to reopening of
						  record prior to adjudication); 28 Pa. Code §
													301.7 (relating to fair hearing);
						  34 Pa. Code §
													131.101 (relating to briefs,
						  findings of fact and close of record); 51 Pa. Code §
													21.29 (relating to finality;
						  reconsideration); 52 Pa. Code §
													5.571 (relating to reopening prior
						  to a final decision); 52 Pa. Code §
													1005.221 (relating to reopening
						  prior to a final decision); 58 Pa. Code §
													494a.6 (relating to reopening of
						  record); and 61 Pa. Code §
													703.41 (relating to request for
						  reconsideration).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter J - REPORTS OF COMPLIANCE › Section 35.251 - Reports of compliance

Current through Register Vol. 54, No. 28, July 13, 2024
When a person subject to the jurisdiction of an agency is
					 required to do or perform an act by agency order, permit or license provision,
					 there shall be filed with the office of the agency within 30 days following the
					 date when the requirement became effective, a notice, stating that the
					 requirement has been met or complied with, unless the agency, by regulation or
					 order, or by making specific provision therefor in a license or permit, may
					 provide otherwise for the giving of the notice of compliance.
This section cited in 12 Pa. Code §
												11.15 (relating to final orders);
						22 Pa. Code §
												351.1 (relating to purpose and
						scope); 28 Pa. Code §
												301.7 (relating to fair hearing);
						34 Pa. Code §
												111.15 (relating to no other
						pleadings allowed); 34 Pa. Code §
												131.121 (relating to penalty
						proceedings initiated by a party); 34 Pa. Code §
												131.122 (relating to other penalty
						proceedings); 52 Pa. Code §
												5.591 (relating to reports of
						compliance); 52 Pa. Code §
												1005.231 (relating to reports of
						compliance); and 61 Pa. Code §
												703.45 (relating to appeal
						rights).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part III - Independent Regulatory Review Commission › Chapter 301 - GENERAL PROVISIONS › Section 301.2 - Regulation files

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				Commission will retain regulation files for no less than the time period in the
				following schedule:
(1)
Promulgated
				regulations.
Four years after the date of promulgation.
(2)
Withdrawn or deemed withdrawn
				regulations.
Four years after the date of delivery of the proposed or
				final-omitted regulation to the Commission.
(3)
Final regulations which are not
				promulgated.
Four years after the date of delivery to the
				Commission.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part III - Independent Regulatory Review Commission › Chapter 301 - GENERAL PROVISIONS › Section 301.3 - Determination of date and time of delivery of comments and documents

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Commission
				will determine the date and time of delivery of comments and documents as
				follows:
(1)
E-mail.
The
				time and date of receipt by the Commission as indicated on the Commission's
				computer system.
(2)
Fax.
The time and date of receipt by the Commission as
				indicated on the transmittal report generated by the Commission's facsimile
				machine.
(3)
Postal or
				other delivery service.
As indicated on the Commission's time and date
				stamp.
(4)
Hand
				delivery.
As indicated on the Commission's time and date
				stamp.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part III - Independent Regulatory Review Commission › Chapter 301 - GENERAL PROVISIONS › Section 301.4 - Expiration of time period for delivery of regulations or reports

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The time period
				for an agency to deliver a regulation or report to the Commission or a
				committee will end on the first business day after the expiration day
				established in the act or this part if the expiration day is one of the
				following:
(1) A legal holiday.
(2) Declared a holiday by the Office of
				Administration.
(3) A day on which
				Commonwealth, Commission or committee offices located in Harrisburg are closed
				due to emergency circumstances.
(4)
				A day on which the staff offices of the Commission or Senate or House of
				Representatives are officially closed.
(5) A Saturday or Sunday.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part III - Independent Regulatory Review Commission › Chapter 301 - GENERAL PROVISIONS › Section 301.5 - Expiration of Commission review period

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Commission review period will end on
				the first business day after the expiration day established under the act or
				this part if the expiration day is one of the following:
(1) A legal holiday.
(2) Declared a holiday by the Office of
				Administration.
(3) A day on which
				Commonwealth, Commission or committee offices located in Harrisburg are closed
				due to emergency circumstances.
(4)
				A day on which the Commission office is officially closed.
(5) A Saturday or Sunday.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part III - Independent Regulatory Review Commission › Chapter 301 - GENERAL PROVISIONS › Section 301.6 - Delivery of a regulation to a committee other than the committee designated to review the agency's regulation

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				Immediately upon discovery that the agency has delivered a regulation to a
				committee other than the committee designated to review its regulations, the
				agency shall deliver the regulation to the designated committee.
(b) With the delivery of a proposed
				regulation to the designated committee, the agency shall include all comments
				received since the beginning of the public comment period.
(c) The regulation will not be considered
				delivered for the purposes of the act and this chapter until it is delivered to
				the designated committee.
(d) The
				review period of the Commission will begin as follows:
(1) For proposed regulations, the day after
				the close of the public comment period under §
										305.3 (relating to Commission
				comments) or the day after delivery to the designated committee, whichever is
				later.
(2) For final regulations,
				the day after delivery to the designated committee.