[29 Pa.B. 1074]
[Continued from previous Web Page] 39. Amicus Curiae
The EHB's existing sections do not have a provision for amicus curiae filings. The EHB however submitted to the Committee for review a proposed § 1021.117 for amicus curiae. The EHB believes that to better serve the citizens of this Commonwealth and to have the EHB's practice more closely track judicial practice in other courts of the Commonwealth its procedural rules should include a section for amicus curiae briefs.
The Committee adopted the following amendments to the proposed section: 1) that anyone interested in legal issues in any matter pending before the EHB may request leave to file an amicus curiae brief or memorandum of law regarding those issues; 2) the amicus curiae shall state in its request the legal issues to be addressed in the brief and a copy of the request must be served on all parties; 3) the brief shall be filed within the time prescribed by the EHB and a copy be served on all the parties; 4) any party may file a response to the brief amicus curiae which is adverse to its interests; and 5) the amicus curiae may present legal argument only as the EHB may direct.
The EHB concurs with the section as proposed by the Committee.
40. Adjudications
The EHB's existing § 1021.118 provides that the EHB will issue an adjudication which will contain a discussion, findings of fact, conclusions of law and an order at the conclusion of the proceedings and that it will serve a copy of the adjudication on all parties to the proceedings or their representatives.
The Committee recommends a technical change of ''supplement'' to ''supersedes'' so this section will supersede the provision of the General Rules of Administrative Practice and Procedure in 1 Pa. Code § 35.226 (relating to final orders).
The EHB concurs with the recommendation.
41. Sanctions
The EHB's existing § 1021.125 provides that the EHB may impose sanctions upon a party for failure to abide by a EHB order or EHB rule of practice and procedure. Those sanctions may include dismissing an appeal or adjudication against the offending party, precluding the introduction of evidence or documents not disclosed, barring the use of witnesses not disclosed in compliance with an order, barring an attorney from practice before the EHB for repeated flagrant violation of orders or other sanctions permitted in similar situations by the Pa.R.C.P.
The Committee proposed changes to the language of the section to ensure clarity and to be grammatically correct. The proposed section also eliminates the sanction of barring an attorney from practice before the EHB because disbarment is a power exercised only by the Supreme Court of Pennsylvania.
The EHB concurs with the recommendations.
42. Prepayment of Penalties
The EHB's rules currently do not specify a procedure for required prepayment of penalties or the posting of a bond in lieu of prepayment.
The proposed § 1021.161 is to give guidance to parties who have to meet the requirement of a number of statutes which condition the right to appeal from a penalty assessment upon the prepayment of the penalty or the posting of a bond to secure payment if the appeal is unsuccessful. This new section sets forth the procedure for prepayment or posting and to whom a check should be made payable. In addition to the section, a note is also included which sets forth that a payment of posting of a bond under the Air Pollution Control Act (35 P. S. §§ 4001--4015) must be made in favor of the EHB. The Air Pollution Control Act, however, is the only exception to the rule of other statutes which require that the bond must be made in favor of the Department.
The EHB concurs with the recommendations.
43. Hearing on Inability to Prepay Penalty or Post a Bond
The EHB does not have an existing section for a hearing on an inability to prepay a penalty or post a bond.
Proposed § 1021.162 provides that if an appellant submits with the appeal a verified statement that the appellant is unable to pay, the EHB may schedule a hearing on the validity of this claim and may require the appellant to submit appropriate financial information to the Department in advance of the hearing. Finally, the section provides that if the EHB determines that the appellant is able to prepay the assessed penalty or post a bond it will order the appellant to do so within a period not to exceed 30 days.
The EHB concurs with the recommendation.
44. Sections Which Were Considered But Were Not Changed
The Committee decided not to change several sections: Amendments to (§ 1021.3); Notice of appearance (§ 1021.23); Waiver of hearings (§ 1021.94); Venue of hearings (§ 1021.96) and View of premises (§ 1021.98).
II. Fiscal Impact of the Proposed Revisions
The proposed amendments should have little fiscal impact on the Commonwealth, political subdivision and the private sector, as many of the proposed procedures reflect EHB practice. The impact of the new procedures, such as the required exchange of expert reports is expected to expedite appeals before the EHB.
III. Paperwork Requirements for Proposed Revisions
The proposed revisions would require the EHB to modify certain of its standard orders.
IV. Government Reviews of Proposed Revisions
On February 16, 1999, as required by section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), the EHB submitted copies of the proposed revisions to the Independent Regulatory Review Commission (IRRC) and the Senate and House Standing Committees on Environmental Resources and Energy. The EHB also provided IRRC and the Committees with copies of a Regulatory Analysis Form prepared by the EHB in compliance with Executive Order 1982-2 (relating to improving government regulations). Copies of the Regulatory Analysis Form are available to the public upon request.
If IRRC has objections to any of the proposed revisions, it will notify the EHB within 10 days of the close of the Committees' review period, specifying the regulatory review criteria that have not been met. The Regulatory Review Act sets forth procedures for review, prior to final publication of the proposed revisions, by the EHB, the General Assembly and the Governor of objections raised.
V. Public Comment Regarding Proposed Revisions
The EHB invites interested persons to submit written comments, suggestions or objections regarding the proposed revisions to William T. Phillipy, IV, Secretary to the Environmental Hearing Board, 2nd Floor, Rachel Carson State Office Building, P. O. Box 8457, Harrisburg, PA 17105-8457, within 30 days of the date of this publication.
GEORGE J. MILLER,
ChairpersonFiscal Note: 106-4. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 25. ENVIRONMENTAL PROTECTION
PART IX. ENVIRONMENTAL HEARING BOARD
CHAPTER 1021. PRACTICE AND PROCEDURES
Subchapter A. PRELIMINARY PROVISIONS
GENERAL § 1021.2. Definitions.
(a) The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Pleading--A complaint filed under § 1021.56 (relating to complaints filed by the Department) or answer filed under § 1021.57 (relating to answers to complaints filed by the Department). Documents filed in appeals, including the notice of appeal, are not pleadings.
* * * * * (b) Subsection (a) supplements 1 Pa. Code § 31.3 (relating to definitions), except for ''pleading'' which supersedes the definition of ''pleading'' in 1 Pa. Code § 31.3 (relating to definitions).
§ 1021.4. Construction and application of rules.
The rules in this chapter shall be liberally construed to secure the just, speedy and inexpensive determination of every appeal or proceeding in which they are applicable. The Board at every stage of an appeal or proceeding may disregard any error or defect of procedure which does not affect the substantial rights of the parties.
TIME § 1021.11. [Timely filing required] (Reserved).
[(a) Appeals, briefs, notices, and other documents required or permitted to be filed under this chapter shall be received by the Board within the time limits, if any, for the filing. The date of receipt by the Board and not the date of deposit in the mails is determinative.
(b) Subsection (a) supplements 1 Pa. Code § 31.11 (relating to timely filing).]
§ 1021.15. Effective dates of Board adjudications and preliminary orders.
* * * * * (b) Subsection (a) [supplements] supersedes 1 Pa. Code § 31.14 (relating to effective dates of agency orders).
§ 1021.17. Extensions of time[; continuance of hearings].
(a) The time fixed or the period of time prescribed for the filing of a document required or permitted to be filed under this chapter, other than the notice of appeal, may be extended by the EHB for good cause upon motion [before expiration of the time for filing].
(b) [Hearings may not be continued except for compelling reasons. Requests for continuances shall be submitted to the Board in writing with a copy served upon the other parties to the proceedings, except that during the course of a hearing in a proceeding, the requests may be made by oral motion in the hearing.
(c)] Subsections (a) and (b) [supplement] supersede 1 Pa. Code § 31.15 (relating to extensions of time).
Note: The motion in subsection (a) shall conform to the provisions in § 1021.71 (relating to procedural motions)
§ 1021.21. [Appearance in person] (Reserved).
[(a) An individual may appear in his own behalf; a partnership may be represented by its members; an association may be represented by its officers; and an authority or governmental agency, other than the Department, may be represented by an officer or employe.
(b) Subsection (a) supersedes 1 Pa. Code §§ 31.21 and 31.23 (relating to appearance in person; and other representation prohibited at hearings).]
§ 1021.22. [Appearance by attorney] Representation.
(a) [A corporation shall be represented by an attorney admitted to practice before the Supreme Court of Pennsylvania.
(b) A person may be represented in a proceeding by an attorney-at-law admitted to practice before the Supreme Court of Pennsylvania. In appropriate circumstances, the Board may require a that a party be represented by an attorney.]
Parties, except individuals appearing in their own behalf, shall be represented by an attorney admitted to practice before the Supreme Court of Pennsylvania at all stages of the proceedings subsequent to the filing of the notice of appeal.
(b) [A person] An individual may be represented in a proceeding by an attorney [at-law] admitted to practice before the Supreme Court of Pennsylvania. In appropriate circumstances, the Board may require an individual or group of individuals to be represented by an attorney.
(c) Representation by pro hac vice may, upon written request, be by an attorney admitted to practice in jurisdictions other than this Commonwealth if the jurisdiction where the attorney is admitted to practice accords a like privilege to attorneys of this Commonwealth.
[(c)] (d) * * *
(e) Subsections (a) [and (c) supplement]--(d) supersede 1 Pa. Code §§[31.22] 31.21--31.23 (relating to appearance in person; appearance by attorney; and other representation prohibited at hearings).
Subchapter B. DOCUMENTARY FILINGS
FILING AND SERVICE OF DOCUMENTS § 1021.30. Filing.
(a) Documents filed with the Board shall be filed at its headquarters--2nd Floor, Rachel Carson State Office Building, 400 Market Street, Post Office Box 8457, Harrisburg, Pennsylvania 17105-8457.
(b) The date of filing shall be the date the document is received by the Board.
(c) Documents may be filed by personal delivery, by mail or by facsimile. When a document is filed by facsimile, the original shall be deposited in the mail on the same day. If a document exceeds ten pages, the facsimile shall consist of the first five pages and last five pages of the document and the certificate of service. Any filing received after the close of the business day at 4:30 pm Eastern Time shall be deemed to be filed on the following business day.
§ 1021.31. Service by the Board.
* * * * * (b) Subsection (a) [supplements] supersedes 1 Pa. Code § 33.31 (relating to service by the agency).
§ 1021.32. Service by a party.
(a) [Pleadings, submittals, briefs and other documents filed in the proceedings pending before the Board, when filed or tendered to the Board shall be served upon participant in the proceeding. The service shall be made by delivering in person, or by mailing, properly addressed with postage prepaid.
(b) Complaints for civil penalties when served, shall be enclosed with the following:
(1) A statement certifying that it is true and complete copy of the complaint filed with the Board.
(2) A notice to plead.
(c) Appeals from actions of the Department shall be served upon the following:
(1) The officer of the Department taking the action.
(2) The Office of Chief Counsel of the Department or agency taking the action appealed.
(d) If service of an appeal upon the recipient of a permit, license, approval, or certification is required, the service shall be made at the address set forth in the document evidencing the action by the Department or at the chief place of business in this Commonwealth of the recipient. Reference should be made to § 1021.51(f) (relating to commencement, form and content).
(e) Documents filed with the Board shall be filed at its headquarters, 2nd Floor, Rachel Carson State Office Building, 400 Market Street, Post Office Box 8457, Harrisburg, Pennsylvania 17105-8457.]
Copies of each document filed with the Board, shall be served upon every party to the proceeding on or before the day that the document is filed with the Board. Service upon a party represented by an attorney shall be made by serving the attorney.
[(f) Subsection (a)--(e) supplement] (b) Subsection (a) supersedes 1 Pa. Code § 33.32 (relating to service by a participant).
§ 1021.33. Date of service.
(a) The date of service shall be the date the document served is [deposited in the United States mail, or is delivered in person] mailed or delivered in person. When service is by mail, 3 days shall be added to the time required by these rules for responding to the document.
(b) Subsection (a) [is identical to] supersedes 1 Pa. Code § 33.34 (relating to service by participant).
§ 1021.34. [Proof] Certificate of service.
(a) [The Board may require, if appropriate, a proof of service] Each document which is required to be filed with the Board shall include a certificate of service which shall certify the date and manner of service and the name and address of the person served.
* * * * * § 1021.35. Number of copies.
(a) [The] Unless otherwise ordered by the Board, the following number of copies shall be filed with the EHB:
(1) [Pleadings and] Dispositive motions and posthearing briefs--three copies.
(2) Prehearing memoranda, petitions for supersedeas and all motions, other motions for stays, extensions and continuances of procedural deadlines--two copies.
(3) Other documents--one copy.
(b) One copy of briefs and other documents shall be served on the other [party in a] parties to the proceeding.
* * * * * § 1021.41. Docket.
* * * * * (d) Subsections (a)--(c) [supplement] supersede 1 Pa. Code § 33.57 (relating to docket.).
Subchapter C. FORMAL PROCEEDINGS § 1021.51. Commencement, form and content.
* * * * * (f) When the appeal is from an assessment of a civil penalty that requires an appellant to prepay the penalty or post a bond, the appellant shall submit to the Board with the appeal a check in the amount of the penalty or an appropriate bond securing payment of the penalty or a verified statement that the appellant is unable to pay.
(g) Concurrent with or prior to the filing of a notice of appeal, the appellant shall serve a copy thereof on each of the following:
[(g)] (h) * * *
[(h)](i) * * *
[(i)](j) Subsections (a)--[(h)](i) supersede 1 Pa. Code §§ 35.5--35.7 and [§§] 35.9--35.11 (relating to informal complaints; and formal complaints).
§ 1021.52. Timeliness of appeal.
* * * * * (b) The appellant shall, within 20 days of the mailing of a request from the Board, file any missing information required by § 1021.51(c),(d) and (i) (relating to commencement, form and content) or suffer dismissal of the appeal.
(c) [Subsection] Subsections (a) [supersedes] and (b) supersede 1 Pa. Code §§ 35.5--35.7 and 35.9--35.11 (relating to informal complaints; and formal complaints).
* * * * *
[COMPLAINTS FOR CIVIL PENALTIES] SPECIAL ACTIONS § 1021.56. [General] Complaints filed by the Department.
(a) [Complaints for civil penalties may be filed by the Department when authorized by statute.] When authorized by statute, the Department may initiate the action by filing a complaint or petition, together with a certificate of service and a notice of a right to respond.
(b) [An] This action [for civil penalties] shall commence when the complaint is filed and service of the complaint and of a notice [to plead] of a right to respond is made upon the defendant.
(c) [Subsections (a) and (b) supersede 1 Pa. Code §§ 35.5--35.7 and 35.9--35.11 (relating to informal complaints; and formal complaints).] The complaint shall set forth the statutory authority under which the Board is authorized to act and shall set forth in separate numbered paragraphs the specific facts and circumstances upon which the request for action is based.
(d) Subsections (a)--(c) supersede 1 Pa. Code §§ 35.5--35.7 and 35.9--35.11 (relating to informal complaints; and formal complaints).
§ 1021.57. [Form and content] Answers to complaints filed by the Department.
(a) [The caption of a complaint for civil penalties shall be in the following form:
Commonwealth of Pennsylvania, Department of ______ v. EHB Docket No. _____ John Doe 234 Main Street Smithtown, Jones County, Pennsylvania (b) The complaint for civil penalties shall set forth the statutory authority under which the Board is authorized to assess the penalties.
(c) The complaint for civil penalties shall set forth in separate numbered paragraphs the specific facts and circumstances upon which the request for civil penalties is based.]
Answers to complaints shall be filed with the Board within 30 days after the date of service of the complaint, unless for cause the Board, with or without motion, prescribes a different time. An answer will not be required in less than 10 days after date of service.
(b) Answers to complaints shall set forth any legal objections as well as any denial of facts, in a single pleading, regardless of whether they would ordinarily be raised as preliminary objections or other preliminary pleading. Answers shall be in writing and so drawn as to fully and completely to advise the parties and the Board as to the nature of the defense. Answers shall admit or deny specifically and in detail each material allegation of the complaint and state clearly and concisely the facts and matters of law relied upon.
(c) A defendant failing to file an answer within the prescribed time shall be deemed in default and all relevant facts in the complaint may be deemed admitted. Further, the Board may impose any other sanctions for failure to file an answer in accordance with § 1021.125 (relating to sanctions).
* * * * *
SUBSEQUENT PROCEDURE § 1021.58. Procedure after an answer is filed.
After an answer is filed, the prehearing procedures in § 1021.81 (relating to prehearing procedure) shall be followed.
[SPECIAL ACTIONS] § 1021.61. [Special actions](Reserved).
[(a) In cases when the Department chooses or is required to take or request action after a hearing or an opportunity for a hearing, it may initiate or request the action by filing a verified complaint or petition, together with an order to show cause issued by the Department or the Board, upon the person against whom it is directed.
(b) Within 20 days from the date of service of the complaint, petition, or motion, the person against whom it is directed shall file with the Board a verified answer responding to the allegations in the complaint, petition or motion and setting forth whether a hearing is desired. Allegations in the complaint, petition or motion which are not specifically denied shall be deemed to have been admitted. Failure to file an answer or to specifically deny the essential allegations of the complaint, petition or motion shall constitute a sufficient basis for the entry of a default order or adjudication.]
[PLEADINGS: GENERALLY]
[PLEADINGS: CIVIL PENALTY PROCEEDINGS] (Editor's Note. As part of this proposal, the Board is proposing to delete the full text of §§ 1021.64--1021.66 which appear at 25 Pa. Code pages 1021-19 and 1021-20, serial pages (248239) and (248240).)
§ 1021.64. (Reserved).
§ 1021.65. (Reserved).
§ 1021.66. (Reserved).
MOTIONS § 1021.70. General.
* * * * * (e) A response to a motion shall set forth in correspondingly-numbered paragraphs all factual disputes and the reason the opposing party objects to the motion. Material facts set forth in the motion that are not denied may be deemed admitted for the purposes of deciding the motion.
* * * * *
CONSOLIDATION § 1021.80. Consolidation.
* * * * * (b) Subsection (a) [supplements] supersedes 1 Pa. Code § 35.45 (relating to consolidation).
PREHEARING CONFERENCES AND PREHEARING PROCEDURES § 1021.81. Prehearing procedure.
(a) Upon the filing of an appeal, the Board will issue a prehearing order providing that:
* * * * * (2) The party with the burden of proof shall serve its expert reports and answers to all expert interrogatories within 120 days of the date of the prehearing order. The opposing party shall serve its expert reports and answers to all expert interrogatories within 30 days after receipt of the expert reports and all answers to expert interrogatories from the party with the burden of proof.
* * * * *
HEARINGS § 1021.85. Initiation of hearings.
* * * * * (b) Subsection (a) [supplements] supersedes 1 Pa. Code § 35.121 (relating to initiation of hearings).
§ 1021.86. Conduct of hearings.
* * * * * (b) Subsection (a) [supplements] supersedes 1 Pa. Code § 35.123 (relating to the conduct of the hearings).
§ 1021.87. [(Reserved)] Continuance of hearings.
(a) Hearings may not be continued except for compelling reasons. Requests for continuances shall be submitted to the Board in writing with a copy served upon the other parties to the proceedings, except that during the course of a hearing in a proceeding, the requests may be made by oral motion in the hearing.
(b) Subsection (a) supersedes 1 Pa. Code § 31.15 (relating to extensions of time).
§ 1021.88. [Presentation by the parties] Motions in limine.
[(a) Parties shall have the right of presentation of evidence cross-examination, objection, motion and argument.
(b) Subsection (a) supplements 1 Pa. Code § 35.126 (relating to presentation by the parties).]
A party may obtain a ruling on evidentiary issues by filing a motion in limine.
§ 1021.89. [(Reserved)]Presentation by the parties.
(a) Parties shall have the right to an opening statement, presentation of evidence, cross-examination, objection, motion and argument and closing argument.
(b) The party with the burden of proof is required to make a prima facie case by the close of its case-in-chief.
(c) Subsections (a) and (b) supersede 1 Pa. Code § 35.126 (relating to presentation by the parties).
§ 1021.90. Limiting number of witnesses and additional evidence.
(a) The EHB may limit the number of witnesses upon an issue and may [require] request a party to present additional evidence on an issue.
* * * * * § 1021.92. Oral argument after hearing.
(a) A party may, within 5 days after [hearing] the last posthearing briefing and prior to adjudication, request oral argument before the entire Board. The Board may grant or deny the request.
* * * * *
TRANSCRIPT § 1021.104. Transcript.
* * * * * (d) Subsections (a)--(c) [supplement] supersede 1 Pa. Code §§ 35.131--35.133 (relating to [recording of proceedings] general provisions).
EVIDENCE § 1021.107. Evidence.
(a) The EHB is not bound by technical rules of evidence and relevant and material evidence of reasonable probative value is admissible. Note: The Board generally applies the Pennsylvania Rules of Evidence.
(b) [Written testimony, on numbered lines in either narrative or question and answer form of a witness may be admitted into evidence provided the witness is present for cross-examination and provided a copy of the testimony was served upon and actually received by other parties at least three days prior to the hearing.
(c)] Copies of an exhibit to be offered into evidence shall be made available to parties at the time it is identified as an exhibit unless otherwise ordered by the Board.
[(d)] (c) * * *
[(e)] (d) Subsections (a)--[(d) supplement] (c) supersede, 1 Pa. Code §§ 35.137--35.139, 35.162 and 35.166.
§ 1021.108. Written testimony.
(a) Written testimony of a witness, on numbered lines in question and answer form, may be admitted into evidence provided the witness is present for cross-examination.
(b) Written testimony shall be filed concurrently with the prehearing memorandum unless a different time is prescribed by the Board. Objections to written testimony which can be reasonably anticipated prior to hearing shall be in writing and filed at least 5 days before the hearing unless otherwise ordered by the Board.
(c) If a party desires to file written testimony at a later date, it may do so only upon motion approved by the Board. The approval will include the scope of the written testimony and the time for filing the testimony and service upon opposing counsel.
SUBPOENAS § 1021.114. Subpoenas.
(a) [Upon request, the Board will provide to the parties subpoenas for the attendance of witnesses or for the production of documentary evidence.
(b) Subsection (a) supplements 1 Pa. Code § 35.142 (relating to subpoenas).]
Except as otherwise provided in this chapter or by order of the Board, requests for subpoenas and subpoenas shall be governed by Pa.R.C.P. Rules 234.1--234.4 and 234.6--234.9. When the term ''court'' is used in Pa.R.C.P. ''Board'' is to be understood; when the terms ''Prothonotary'' or ''clerk of court'' are used in Pa.R.C.P. ''Secretary to the Board'' is to be understood.
(b) Proof of service of the subpoena need not be filed with the Board.
(c) Subsections (a) and (b) supersede 1 Pa. Code §§ 35.142 and 35.139 (relating to subpoenas; fees of witnesses).
BRIEFS § 1021.116. [Briefs] Posthearing briefs.
(a) [The parties may, upon request, submit briefs within the time as the Board prescribes and serve a copy of the brief on the other parties.] The initial posthearing brief of each party shall contain proposed findings of fact (with references to the appropriate exhibit or page of the transcript), an argument with citation to supporting legal authority, and proposed conclusions of law.
(b) [Post-hearing briefs shall include suggested findings of fact (with references to the appropriate exhibit or page of the transcript) and conclusions of law.] Reply briefs shall be as concise as possible and may not exceed 25 pages. Longer briefs may be permitted at the discretion of the presiding administrative law judge.
(c) Any issue which is not argued in a post-hearing brief may be waived.
[(c)](d) Subsections [(a) and (b) supplement] (a)--(c) supersede 1 Pa. Code §§ 35.191--35.193 (relating to briefs).
§ 1021.117. Amicus curiae.
(a) Anyone interested in legal issues involved in any matter pending before the Board may request leave to file an amicus curiae brief or memorandum of law, in regard to those legal issues. The amicus curiae shall state in its request the legal issues to be addressed in the brief or and shall serve a copy of the request on all parties.
(b) When the Board grants a request, the amicus curiae shall file the brief or within the time prescribed by the Board and shall serve a copy on all parties. Any party may file a response to a brief amicus curiae which is adverse to its interests.
(c) The amicus curiae may present oral argument only as the Board may direct.
ADJUDICATIONS § 1021.118. Adjudications.
* * * * * (c) Subsections (a) and (b) [supplement] supersede 1 Pa. Code § 35.226 (relating to final orders).
SANCTIONS § 1021.125. Sanctions.
The Board may impose sanctions upon a party for failure to abide by a Board order or Board rule of practice and procedure. The sanctions may include [the dismissal of] dismissing an appeal [or], entering adjudication against the offending party, [orders] precluding introduction of evidence or documents not disclosed [in compliance with an order], barring the use of witnesses not disclosed [in compliance with an order, barring an attorney from practice before the EHB for repeated or flagrant violation of orders], or other appropriate sanctions [ as are permitted in similar situations by Pa.R.C.P. for practice before the court of common pleas].
PREPAYMENT OF PENALTIES § 1021.161. Prepayment of penalties.
If a statute requires that an appellant prepay or post a bond to secure payment of a penalty assessed by the Department, the appellant shall submit to the Board with the appeal a check in the amount of the penalty or an appropriate bond securing payment of the penalty as required by statute. The check shall be made payable to the Commonwealth of Pennsylvania.
Note: The bond shall be in favor of the Department of Environmental Protection except in the case of the Air Pollution Control Act (35 P. S. §§ 4001--4106) which currently requires the bond to be in favor of the Board.
§ 1021.162. Hearing on inability to prepay penalty or post a bond.
In the event an appellant submits a verified statement that he is unable to pay in accordance with § 1021.51 (relating to application for counsel fees under more than one statute), the Board may schedule a hearing on the validity of this claim and may require the appellant to supply appropriate financial information to the Department in advance of the hearing. If the Board determines that the appellant is able to prepay the penalty assessed or post a bond the Board will order the appellant to do so, within a period not to exceed 30 days.
APPELLATE MATTERS § [1021.161] 1021.171. Composition of the certified record on appeal to Commonwealth Court.
* * * * *
[Pa.B. Doc. No. 99-303. Filed for public inspection February 26, 1999, 9:00 a.m.]
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