Pennsylvania Administrative Code

§ 35.166. Prepared expert testimony. (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 p…

§ 35.167. Records in other proceedings. 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, togeth…

§ 35.168. Form and size of documentary evidence. 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 conf…

§ 35.169. Copies to parties and agency. 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 …

PETITIONS § 35.17. Petitions generally. Petitions for relief under a statute or other authority delegated to an agency shall be in writing, shall state clearly and concisely the grounds of interest of the petitioner in the subject matter, the facts relied upon and the relief soug…

OFFICIAL NOTICE § 35.173. Official notice of facts. 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 e…

§ 35.177. Scope and contents of motions. 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 provid…

§ 35.178. Presentation of motions. 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. Notes of Decisions Jurisdic…

§ 35.179. Objections to motions. 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. Notes of Decisions Board did not err by failing to conduct a hearing or mot…

§ 35.18. Petitions for issuance, amendment, waiver or deletion of regulations. A petition to an agency for the issuance, amendment, waiver or repeal of a regulation shall set forth clearly and concisely the interest of the petitioner in the subject matter, the specific regulation…

§ 35.180. Action on motions. (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 hea…

§ 35.185. Designation of presiding officers. 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. Notes of D…

§ 35.186. Disqualification of a presiding officer. 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 b…

§ 35.187. Authority delegated to presiding officers. Presiding officers designated by the agency head to preside at hearings shall have the authority, within the powers and subject to the regulations of the agency, as follows: (1) To regulate the course of hearings, including the…

§ 35.188. Restrictions on duties and activities. (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 ag…

§ 35.189. Manner of conduct of hearings. 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 rec…

§ 35.19. Petitions for declaratory orders. Petitions for the issuance, in the discretion of an agency, of a declaratory order to terminate a controversy or remove uncertainty, shall state clearly and concisely the controversy or uncertainty which is the subject of the petition, s…

§ 35.190. Appeals to agency head from rulings of presiding officers. (a) During hearing or conference. Rulings of presiding officers may not be appealed from during the course of hearings or conferences except in extraordinary circumstances where prompt decision by the agency hea…

§ 35.191. Proceedings in which briefs are to be filed. 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 …

§ 35.192. Content and form of briefs. (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…

§ 35.193. Filing and service of briefs. 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 …

§ 35.2. Contents of applications. Applications shall be in writing, shall state clearly and concisely the authorization or permission sought, shall cite by appropriate reference the statutory provision or other authority under which the agency authorization or permission is sough…

§ 35.20. Appeals from actions of the staff. Actions taken by a subordinate officer under authority delegated by the agency head may be appealed to the agency head by filing a petition within 10 days after service of notice of the action. Notes of Decisions Application A facility …

PROPOSED REPORTS GENERALLY § 35.201. Certification of record without proposed report. In proceedings in which the agency head has not presided at the reception of evidence, except as otherwise provided in this part, the presiding officer, as soon as practicable after the conclusi…

§ 35.202. Proceedings in which proposed reports are prepared. In proceedings in which prior to the conclusion of the hearing, the agency head, with notice to the parties, directs (in specific cases or by regulation) the presiding officer to prepare a proposed report, the presidin…

§ 35.203. Unavailability of presiding officer. 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 appr…

§ 35.204. Oral argument before presiding officer. (a) If, in the opinion of the presiding officer in a proceeding subject to § 35.202 (relating to proceedings in which proposed reports are prepared), time permits and the nature of the proceedings, the complexity or importance of …

§ 35.205. Contents of proposed reports. Proposed reports shall include a statement of (1) findings and conclusions, as well as the reasons or basis therefor, upon all the material issues of fact, law, or discretion presented on the record, and (2) the appropriate regulation, orde…

§ 35.206. Proposed report a part of the record. Proposed reports shall become a part of the record. Cross References This section cited in 4 Pa. Code § 615.20 (relating to proposed decision and order); 12 Pa. Code § 11.14 (relating to presiding officer); 22 Pa. Code § 351.1 (rela…

§ 35.207. Service of proposed reports. 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). Notes of Decisions A cl…

EXCEPTIONS TO PROPOSED REPORTS § 35.211. Procedure to except to proposed report. A participant desiring to appeal to the agency head shall, within 30 days after the service of a copy of a proposed report or such other time as may be fixed by the agency head, file exceptions to th…

§ 35.212. Content and form of briefs on exceptions. (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 i…

§ 35.213. Effect of failure to except to proposed report. 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 o…

§ 35.214. Oral argument on exceptions. 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…

BRIEFS AND ARGUMENT IN ABSENCE OFPROPOSED REPORT § 35.221. Briefs and oral argument in absence of proposed report. 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 p…

DECISIONS § 35.225. Interlocutory orders. (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…

§ 35.226. Final orders. (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. F…

PROTESTS § 35.23. Protest generally. A person objecting to the approval of an application, petition, motion or other matter which is, or will be, under consideration by an agency may file a protest. No particular form of protest is required but the letter or writing should contai…

REOPENING OF RECORD § 35.231. Reopening on application of party. (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 off…

§ 35.232. Reopening by presiding officer. 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…

§ 35.233. Reopening by agency action. 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 be…

§ 35.24. Effect of protest. A protest is intended solely to alert the agency and the parties to a proceeding of the fact and nature of the objection of the protestant to the proposed agency action, other than a notice of proposed rulemaking (timely filed responses to notices of p…

REHEARING OR RECONSIDERATION § 35.241. Application for rehearing or reconsideration. (a) Form, filing and service. An application for rehearing or reconsideration may be filed by a party to a proceeding within 15 days, or another period as may be expressly provided by statute app…

§ 35.251. Reports of compliance. 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 beca…

INTERVENTION § 35.27. Initiation of intervention. Participation in a proceeding as a party intervener may be initiated as follows: (1) By the filing of a notice of intervention by another agency of the Commonwealth which is authorized by statute to participate in the proceeding. …

§ 35.28. Eligibility to intervene. (a) Persons. A petition to intervene may be filed by a person claiming a right to intervene or an interest of such nature that intervention is necessary or appropriate to the administration of the statute under which the proceeding is brought. T…

§ 35.29. Form and contents of petitions to intervene. Petitions to intervene shall set out clearly and concisely the facts from which the nature of the alleged right or interest of the petitioner can be determined, the grounds of the proposed intervention, and the position of the…

§ 35.30. Filing of petitions to intervene. Petitions to intervene and notices of intervention may be filed at any time following the filing of an application, petition, complaint, or other document seeking agency action, but in no event later than the date fixed for the filing of…

§ 35.31. Notice and action on petitions to intervene. (a) Notice and service. Petitions to intervene, when tendered to an agency for filing, shall show service thereof upon participants to the proceeding in conformity with § 33.32 (relating to service by a participant). (b) Actio…

§ 35.32. Limitation of participation in hearings. Where there are two or more interveners having substantially like interests and positions, the agency head or presiding officer may, in order to expedite the hearing, arrange appropriate limitations on the number of attorneys who …