Pennsylvania Administrative Code

§ 35.38. Respondents seeking affirmative relief. Respondents seeking relief against other parties in a proceeding by reason of the presence of common questions of law or fact shall set forth in their answer the facts constituting the grounds of complaint; the provisions of the st…

§ 35.39. Replies to respondents seeking affirmative relief. Unless otherwise ordered by the agency, replies to answers seeking affirmative relief shall be filed and served within 15 days after the service of the answer, but not later than 5 days prior to the date set for the comm…

§ 35.40. Answers to amendments of pleadings. A participant may file an answer to an amendment, modification or supplement to an application, complaint, petition or other pleading. If made, answers shall be filed within 15 days after the date of service of the amendment, modificat…

§ 35.41. Satisfaction of complaints. If the respondent satisfies a formal complaint either before or after answering, a statement to that effect signed by the opposing parties shall be filed, setting forth when and how the complaint has been satisfied and requesting dismissal. Cr…

CONSOLIDATION § 35.45. Consolidation. By order of the agency, proceedings involving a common question of law or fact may be joined for hearing of the matters in issue in the proceedings, and the proceedings may be consolidated; and the agency may make the orders concerning the co…

AMENDMENT AND WITHDRAWAL OF PLEADINGS § 35.48. Amendments of pleadings generally. (a) A modification of or supplement to an application, complaint, petition or other pleading shall be deemed as an amendment to the pleading, and shall comply with the requirements of this subchapte…

§ 35.49. Amendments to conform to the evidence. (a) When, at a hearing, issues not raised by the pleadings are introduced by express or implied consent of the parties, they shall be treated as if they had been raised in the pleadings. The amendment of the pleadings as may be nece…

INFORMAL COMPLAINTS § 35.5. Form and content of informal complaints. Informal complaint may be by letter or other writing, and shall be serially numbered and filed as of the date of its receipt. No form of informal complaint is suggested, but in substance the letter or other writ…

§ 35.50. Directed amendments. The agency head may at any time, or during a hearing the presiding officer may on his own motion or the motion of a participant, direct a party to state his case by way of amendment more fully or in more detail. The amendment shall be reduced to writ…

§ 35.51. Withdrawal of pleadings. A participant desiring to withdraw a pleading filed with an agency may file a notice of withdrawal thereof with the agency. The notice shall set forth the reasons for the withdrawal. Unless otherwise ordered by the agency for good cause, the noti…

MOTIONS § 35.54. Motions as to complaint. A respondent may file with his answer a motion that the allegations in the complaint be made more definite and certain, the motion to point out the defects complained of and details desired. A respondent may also file with his answer a mo…

§ 35.55. Motions as to answer. Except as provided in § 35.39 (relating to replies to respondents seeking affirmative relief), no replication to the answer shall be filed, but a participant may file, within 10 days after the filing of an answer, a motion that the answer be made mo…

§ 35.6. Correspondence handling of informal complaints. If the informal complaint appears to be susceptible of informal adjustment, a copy or a statement of the substance thereof will be transmitted by the agency to each person complained of in an endeavor to have it satisfied by…

§ 35.7. Discontinuance of informal complaints without prejudice. A proceeding instituted on an informal docket is without prejudice to the right of the complainant to file and prosecute a formal complaint, in which event the proceeding on the informal docket will be discontinued.…

FORMAL COMPLAINTS § 35.9. Formal complaints generally. 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 agen…

§ 5.1. Official text of published documents. (a) Under 45 Pa.C.S. § 901 (relating to official text of published documents), the official text, as published as provided in this part, of a document required or authorized to be published under this part, shall from the date of the p…

§ 5.2. Certification of official text. (a) Under 45 Pa.C.S. § 902 (relating to certification of official text) a title or portion thereof of the Code and Pennsylvania Code Reporter shall contain a certificate by the Director of the Bureau that the title or part or Pennsylvania Co…

§ 5.3. Effective date of documents required to be published. Under 45 Pa.C.S. § 903 (relating to effective date of documents) no document required under this part to be published except certain judicial documents under 45 Pa.C.S. § 903(b), may be valid as against a person who has…

§ 5.4. Constructive notice. Under 45 Pa.C.S. § 904 (relating to constructive notice) unless otherwise specifically provided by statute the publication under this part of any document required or authorized by this part to be so published shall, except in cases where notice by pub…

§ 5.5. Presumptions created. Under 45 Pa.C.S. § 905 (relating to presumptions created) the publication of a document under this part shall create a rebuttable presumption: (1) That it was issued, prescribed or promulgated. (2) That it was approved as to legality, if so required b…

§ 5.6. Reasonable notice of hearing. Under 45 Pa.C.S. § 906 (relating to reasonable notice of hearing) whenever notice of hearing or of opportunity to be heard is required or authorized to be given by the Commonwealth government by or under a statute or may otherwise properly be …

§ 5.7. Additional notice unnecessary. Under 45 Pa.C.S. § 907 (relating to additional notice unnecessary), except with respect to the time specifically prescribed for the publication of notice, the publication by the Commonwealth government of a notice in the manner prescribed by …

§ 5.8. Judicial notice. Under 45 Pa.C.S. § 506 (relating to judicial notice) the contents of the Code, the Pennsylvania Code Reporter and of the Bulletin shall be judicially noticed.

§ 7.1. Notice of proposed rulemaking required. Section 201 of the act (45 P. S. § 1201) provides that except as provided in § 7.4 (relating to omission of notice of proposed rulemaking) an agency shall give public notice of its intention to promulgate, amend or repeal an administ…

§ 7.10. Sample order adopting regulations. COMMONWEALTH OF PENNSYLVANIADEPARTMENT OF GENERAL SERVICESJOINT COMMITTEE ON DOCUMENTSDecember 2, 1969 Before Members: (insert names of agency members participating in action on order.) RULES AND REGULATIONS OF JOINT COMMITTEE[DOCKET NO.…

§ 7.2. Adoption of regulations. (a) Section 202 of the act (45 P. S. § 1202) provides that before taking action upon an administrative regulation or change the agency shall review and consider a written comment submitted under § 7.1 (relating to notice of proposed rulemaking requ…

§ 7.3. Effective date of regulations. The effective date specified in an administrative regulation or change subject to § § 7.1 and 7.2 (relating to notice of proposed rulemaking required; and adop-tion of regulations) may be not less than 30 days after the notice of proposed rul…

§ 7.4. Omission of notice of proposed rulemaking. An agency may omit or modify the procedures specified in § § 7.1 and 7.2 (relating to notice of proposed rulemaking required; and adoption of regulations) if: (1) The administrative regulation or change relates to one of the follo…

§ 7.5. Approval as to legality. (a) Section 205 of the act (45 P. S.§ 1205) provides that administrative regulations and changes shall be approved as to legality Department of Justice before they are deposited with the Bureau under section 207 of the act (45 P. S. § 1207); that i…

§ 7.6. Format of regulations. Section 206 of the act (45 P. S. § 1206) provides that the agency text of administrative and gubernatorial regulations required or authorized by this Part to be deposited with the Bureau shall be prepared in the form and format required by Chapter 9 …

§ 7.7. Deposit of agency text of regulations required. Section 207 of the act (45 P. S. § 1207) provides that the agency text of administrative and gubernatorial regulations, and changes, certified by the executive officer, chairman or secretary of the agency, shall be deposited …

§ 7.8. Unfiled administrative regulations invalid. Section 208 of the act (45 P. S. § 1208) provides that an administrative regulation or change promulgated after July 1, 1969, may not be valid until deposited in and filed by the Bureau, as provided in this part. Where agency adm…

§ 7.9. References to Administrative Agency Law. Section 606 of the act (45 P. S. § 1606)(Repealed) provides that whenever a statute makes reference to the Administrative Agency Law for procedures relating to the promulgation of administrative regulations, the reference shall be d…

GENERAL § 9.1. General provisions. Documents subject to codification shall be drafted as amendments to the Code and prepared under this chapter and of Chapter 13 (relating to preparation and transmittal of documents generally) before submission to the Bureau. A document shall con…

CODE STRUCTURE § 9.11. Titles. The major divisions of the Code are titles, which bring together broadly related governmental functions.

§ 9.12. Parts. The normal divisions of titles are parts, which are assigned to the various agencies within titles descriptive of the subject matter covered by the agencies’ rules and regulations.

§ 9.13. Subparts, articles, divisions and subdivisions. Subparts may be used to distinguish between material emanating from an overall office or agency and the material issued by its various components. Subparts, articles, divisions and subdivisions, in that order, may also be us…

§ 9.14. Chapters. The normal divisions of parts are chapters. A chapter should consist of a unified body of rules or regulations applying to a specific function of the issuing agency or devoted to specific subject matter under control of the issuing agency. Source The provisions …

§ 9.15. Subchapters. Subchapters may be used to group related parts within a chapter. Cross References This section cited in 1 Pa. Code § 9.37 (relating to reservation of numbers).

§ 9.16. Undesignated center heads. Undesignated center heads may be used to group related sections as required. Cross References This section cited in 1 Pa. Code § 9.37 (relating to reservation of numbers).

§ 9.17. Sections. The normal divisions of chapters are sections. The section is the basic unit of the Code. It should consist of a short, simple presentation of one principal proposition.

§ 9.2. Orderly development. For the purpose of assuring orderly development along practical lines, the Bureau, with the approval of the Joint Committee is authorized to establish new titles in the Code and to rearrange existing titles and subordinate assignments. Before taking an…

§ 9.201. General requirements. Section 206 of the act (45 P. S. § 1206) requires that an administrative regulation or change indicate the statutory or other authority under which it is promulgated. Accordingly, a section in a document subject to codification shall include, or sha…

§ 9.202. Agency responsibility; amendments. The accuracy and integrity of citations of authority are the responsibility of the issuing agency. The citations shall be formally amended by the issuing agency to reflect changes in authority.

§ 9.203. Provision for flexibility. The Bureau is authorized to make exceptions to requirements respecting the placement and form of citations of authority whenever strict application of the requirements would impair the practical usefulness of the citations.

PLACEMENT § 9.211. Coverage of single section. Authority covering a single section shall be cited following the word ‘‘Authority’’ and placed as a text note immediately following the text of the section as follows: Authority The provisions of this section issued under section 206…

§ 9.212. Blanket coverage. Authority covering a group of two or more consecutive sections shall be cited following the word ‘‘Authority’’ and placed as a text note immediately preceding the first section in the group, as follows: Authority The provisions of this Chapter 9 issued …