PROPOSED RULEMAKING
ENVIRONMENTAL
HEARING BOARD
[25 PA. CODE CH. 1021]
Practice and Procedure
[31 Pa.B. 6156] The Environmental Hearing Board (Board) proposes to revise Chapter 1021 (relating to practice and procedures) by adding new procedural rules to read as set forth in Annex A.
The proposed procedural rules have the following objectives:
(1) To provide the regulated community, the Department of Environmental Protection (Department) and other potential litigants with more specific guidance on how to represent their interests before the Board.
(2) To improve the rules of practice and procedure before the Board.
I. Statutory Authority for Proposed Rulemaking
The Board has the authority under section 5 of the Environmental Hearing Board Act (act) (35 P. S. § 7515) to adopt regulations pertaining to practice and procedure before the Board.
II. Description of Proposed Rulemaking
The proposed rulemaking modifies provisions of the rules to improve practice and procedure before the Board. The proposed rulemaking is based on the recommendations of the Board Rules Committee, a nine member advisory committee created by section 5 of the act to make recommendations to the Board on its rules of practice and procedure. The Board may promulgate proposed regulations based in whole or in part on the recommendations of the Rules Committee.
This summary provides a description of: (1) the existing rules of practice and procedure when relevant to proposed rulemaking; (2) the Board's proposed rulemaking; and (3) how the proposal differs from the Rules Committee's recommendations.
Where the recommendations of the Rules Committee were not in proper legislative style and format, they have been modified to conform to those requirements. Similarly, where recommendations did not contain proper cross references to 1 Pa. Code Part II (relating to the General Rules of Administrative Practice and Procedure) (General Rules), references to those rules have been added.
The proposed rulemaking can be divided into four categories: 1) reorganization of the Board's existing rules of practice and procedure; 2) adoption of a new rule; 3) substantive amendments to existing rules; and 4) changes limited to superseding the General Rules. Substantive amendments or additions were made as follows: definitions (§ 1021.2); withdrawal of appearance (new rule added at § 1021.23); filing (existing § 1021.30, proposed § 1021.31); service by a party (existing § 1021.32, proposed § 1021.33); date of service (existing § 1021.33, proposed § 1021.34); number of copies (existing § 1021.35, proposed § 1021.36); docket (existing § 1021.41, proposed § 1021.38); motions--general (existing § 1021.70, proposed § 1021.91); procedural motions (existing § 1021.71, proposed § 1021.92); reconsideration of interlocutory orders (existing § 1021.123, proposed § 1021.151); reconsideration of final orders (existing § 1021.124, proposed § 1021.152); composition of the certified record on appeal to Commonwealth Court (existing § 1021.171, proposed § 1021.201). The rule on discovery (existing § 1021.111, proposed § 1021.102) was amended only for the purpose of superseding the General Rules.
A major feature of the substantive changes to the rules are amendments permitting counsel for the parties to elect to file and serve their legal documents through the Board's website. This system has been the subject of a pilot program of existing cases pending with the Board. The pilot project has been successful and has been greeted with enthusiasm by counsel participating in this pilot program. The Board anticipates that this will be of great convenience to litigants, will result in some cost savings to them and will reduce the volume of paper that otherwise would have to be filed with the Board and served on other parties. The proposed rules on electronic filing comply in all material respects with Pa.R.C.P. No. 205.4 authorizing lower courts to implement electronic filing and service.
1. Reorganization of rules
The Board adopted the Rules Committee's proposal to reorganize the rules of practice and procedure in an effort to make the rules more user-friendly for practitioners and the public. The rules have been reorganized as set forth in Annex A. No rules have been deleted; they have simply been renumbered in the order in which they become relevant in a proceeding before the Board. Where text has been amended, this is shown in bold in Annex A.
The proposed reorganization of the rules is demonstrated by the cross reference table that appears before Annex A. The Board will seek to have the table published in the Pennsylvania Bulletin and codified in the Pennsylvania Code as an annex to the rules so that there will be a ready reference table showing how the rules have been reorganized for at least the first 5 years after the reorganized rules have been published as final regulations.
Additionally, the Board intends to have the reorganized rules published with a unified table of contents, rather than a separate table of contents by subchapter, to facilitate the location of applicable rules. The Board has discussed this proposal with personnel at the Legislative Reference Bureau, who have indicated they would not object to this format.
2. Definitions
The Board proposes amending its rule on definitions (§ 1021.2) to add the following definitions: ''electronic filing,'' ''filing attorney,'' ''legal document,'' ''registered attorney'' and ''registration statement.'' These definitions are necessitated by the Board's proposed rule on electronic filing.
3. Withdrawal of Appearance
The Board rules currently have no provision governing the withdrawal of appearance by counsel. Proposed rule § 1021.23 sets forth the procedures to be followed in the case of an attorney seeking to withdraw an appearance in a matter before the Board. Section 1021.23(a) parallels Pa.R.C.P. No. 1012(b) by requiring that an attorney seek leave to withdraw unless another attorney has entered an appearance and the change of parties does not delay any stage of the litigation. Section 1021.23(b) sets forth the factors the Board will consider in ruling on a motion to withdraw, as follows: the reasons why withdrawal is being sought; any prejudice that may result to the litigants; any delay in resolution of the case that would result from withdrawal; and the effect of withdrawal on the efficient administration of justice. When withdrawal will result in the party being unrepresented in the proceeding, § 1021.23(c) requires the withdrawing counsel to provide the Board with the name of a contact person for future service.
4. Filing, Service and Docket
The Board proposes amending its rules on filing (existing § 1021.30, proposed § 1021.31), service by a party (existing § 1021.32, proposed § 1021.33), date of service (existing § 1021.33, proposed § 1021.34) and docket (existing § 1021.41, proposed § 1021.38) to allow for electronic filing and service. In the fall of 2000, the Board initiated a pilot project to allow parties to file documents electronically through its website. Instructions and guidelines for the pilot project appear on the Board's website at www.ehb.verilaw.com. The pilot project has demonstrated that electronic filing and service provides a benefit to the practicing bar as an elective means of filing and service. As a result, the Board now intends to adopt amendments to its rules of practice and procedure to allow all parties the option of electronic filing and service.
The Board proposes to amend its rule on filing (existing § 1021.30, proposed § 1021.31) to allow the electronic filing of ''legal documents'' not exceeding 50 pages in length. The term ''legal document'' has been defined in the proposed amendment to § 1021.2 to include ''a motion, answer or other paper filed in a proceeding before the Board other than a notice of appeal or complaint that is original process naming defendant or defendants.'' Exhibits to legal documents may be filed and served either electronically or by hard copy in accordance with the rules on filing and service.
The Board proposes to amend its rule on service by parties (existing § 1021.32, proposed § 1021.33) to allow the service of legal documents electronically. The rule also permits an attorney who has registered to file and receive service electronically to withdraw a registration statement for purposes of a specific case if the attorney chooses not to receive service electronically in that case.
The Board proposes to amend its rule on date of service (existing § 1021.33, proposed § 1021.34) to state that the date of service for electronically transmitted documents shall be the date on which the document is transmitted electronically. This would permit the filing of documents up to midnight of the date required for filing. When exhibits to an electronically filed document are served by mail, 3 days shall be added to the time for responding to the document.
The Board proposes to amend its rule on docket (existing § 1021.41, proposed § 1021.38) to state that the Board will maintain a docket on its website and will accept filings of legal documents by electronic transmission from attorneys who have filed a registration statement. The docket will register the date of filings and the time of filing if made electronically. When a document is filed electronically, the Board will electronically transmit a message to all registered attorneys in the proceeding. The official copy of an electronically filed document shall be that appearing on the Board's website.
5. Number of copies
The Board's current rule on number of copies (existing § 1021.35, proposed § 1021.36) requires that multiple copies of a motion be filed but does not require multiple copies of supporting memoranda of law, responses or replies. It also does not require multiple copies of notices of appeal and complaints. Except in the case of documents filed electronically, the proposed rule will require that an original and two copies of the following documents shall be filed with the Board: notices of appeal, complaints, answers, posthearing briefs and dispositive motions and related memoranda, responses and replies. The proposed rulemaking will only require that an original and one copy of the following documents shall be filed with the Board: petitions for supersedeas and any related responses, prehearing memoranda, nondispositive motions and petitions (other than motions for stays, extensions and continuances of procedural deadlines) and related memoranda, responses and replies. The proposed rule will require an original of all other documents.
The Rules Committee also considered whether the rule should address the service of courtesy copies on individual judges, for example, when the document must be filed in Harrisburg but the presiding judge is in Pittsburgh. The Rules Committee determined that this should not be incorporated into the rule since each judge had different requirements with regard to courtesy copies.
6. Motions
The Board proposes to amend its current rules on motions--general (existing § 1021.70, proposed § 1021.91) and procedural motions (existing § 1021.71, proposed § 1021.92) to require that proposed orders be attached to motions, responses and requests for extensions or continuances.
7. Discovery
Subsection (e) of the Board's current rule on discovery (existing § 1021.111, proposed § 1021.102) states that the rules supplement 1 Pa. Code §§ 35.145--35.152 of the General Rules relating to depositions. Under these sections of the General Rules, depositions may only be taken with notice to and the approval of the agency or presiding officer. Because the Board does not require parties to notify or obtain approval prior to the taking of a deposition, the Rules Committee was asked to consider whether subsection (e) of the Board's discovery rule should be amended to state that it supersedes rather than supplements the General Rules. Both the Rules Committee and the Board voted to approve the recommended change.
8. Reconsideration
The Board's rules on reconsideration of interlocutory and final orders (existing §§ 1021.123 and 1021.124, proposed §§ 1021.151 and 1021.152) have been amended to state that a party may file a memorandum of law in support of a petition for reconsideration or response to a petition for reconsideration. This proposed amendment was made in recognition of the fact that parties have a very short time period (10 days) in which to prepare a petition for reconsideration, so that they may dispense with the necessity of preparing a supporting brief.
9. Certified Record on Appeal to Commonwealth Court
The Board rule on composition of certified record on appeal to the Commonwealth Court (existing § 1021.171, proposed § 1021.201) has been amended to correct a typographical error. The reference to ''Pa.R.C.P. 1951'' in subsection (a) of the rule has been corrected to read ''Pa.R.A.P. 1951.'' This change will properly designate the application of the Pennsylvania Rules of Appellate Procedure rather than the erroneous designation of the Pennsylvania Rules of Civil Procedure.
The Board concurred with the recommendations previously set forth.
III. Fiscal Impact of the Proposed Rulemaking
The proposed amendments will have no measurable fiscal impact on the Commonwealth, political subdivisions or the private sector. The amendments may have a favorable economic impact in that they may eliminate potential litigation over existing uncertainties in Board procedures, authority and requirements. Further, the amendments providing for electronic filing may result in an overall reduction in the use of paper because they will permit parties to file legal documents electronically.
IV. Paperwork Requirements for Proposed Rulemaking
The proposed rulemaking will not require the Board to modify its standard orders.
V. Public Meeting on Proposed Rules
Under 65 Pa.C.S. § 704 (relating to open meetings), a quorum of the members of the Board voted to adopt the proposed rules at a public meeting held on May 9, 2001, at the Board's Harrisburg office, Hearing Room 2, Second Floor, Rachel Carson State Office Building, 400 Market Street, Harrisburg, PA.
VI. Government Reviews of Proposed Rulemaking
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on October 25, 2001, the Board submitted a copy of the proposed rulemaking to the Independent Regulatory Review Commission (IRRC) and the Senate and House Standing Committees on Environmental Resources and Energy. In addition to submitting the proposed rulemaking, the Board has provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form prepared by the Board in compliance with Executive Order 1996-1 ''Regulatory Review and Promulgation.'' A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, if IRRC has objections to any portion of the proposed rulemaking, it will notify the Board within 10 days of the close of the Committees' review period. The notification shall specify the regulatory review criteria that have not been met by that portion of the proposed rulemaking. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the proposed rulemaking, by the Board, the General Assembly and the Governor of objections raised.
VII. Public Comment Regarding Proposed Rulemaking
The Board invites interested persons to submit written comments, suggestions or objections regarding the proposed rulemaking to William T. Phillipy, IV, Secretary, Environmental Hearing Board, 2nd Floor, Rachel Carson State Office Building, P. O. Box 8457, Harrisburg, PA 17105-8457, within 30 days of this publication.
GEORGE J. MILLER,
ChairpersonFiscal Note: 106-6. No fiscal impact; (8) recommends adoption.
(Editor's Note: The following is printed as an aid to the reader. For historical purposes, it will be codified when the proposal is adopted.)
CROSS REFERENCE OF
CURRENT SECTION NUMBERS
TO PROPOSED SECTION NUMBERS
Current Section Number Proposed Section Number 1021.1 1021.1 1021.2 1021.2 1021.3 1021.3 1021.4 1021.4 1021.11 . . . 1021.15 1021.11 1021.17 1021.12 1021.21 . . . 1021.22 1021.21 1021.23 1021.22 1021.24 1021.24 1021.30 1021.31 1021.31 1021.32 1021.32 1021.33 1021.33 1021.34 1021.34 1021.35 1021.35 1021.36 1021.36 1021.37 1021.41 1021.38 1021.51 1021.51 1021.52 1021.52 1021.53 1021.53 1021.54 1021.83 1021.56 1021.71 1021.57 1021.72 1021.58 1021.73 1021.61 . . . 1021.62 1021.81 1021.64 . . . 1021.65 . . . 1021.66 . . . 1021.70 1021.91 1021.71 1021.92 1021.72 1021.93 1021.73 1021.94 1021.74 1021.95 1021.76 1021.61 1021.77 1021.62 1021.78 1021.63 1021.79 1021.64 1021.80 1021.82 1021.81 1021.101 1021.82 1021.104 1021.83 1021.105 1021.84 1021.106 1021.85 1021.111 1021.86 1021.116 1021.87 1021.113 1021.88 1021.121 1021.89 1021.117 1021.90 1021.126 1021.92 1021.132 1021.94 1021.112 1021.96 1021.114 1021.98 1021.115 1021.99 1021.107 1021.101 1021.122 1021.104 1021.118 1021.107 1021.123 1021.108 1021.124 1021.109 1021.125 1021.111 1021.102 1021.114 1021.103 1021.116 1021.131 1021.117 1021.25 1021.118 1021.134 1021.120 1021.141 1021.122 1021.133 1021.123 1021.151 1021.124 1021.152 1021.125 1021.161 1021.131 1021.171 1021.132 1021.172 1021.133 1021.173 1021.134 1021.174 1021.141 1021.181 1021.142 1021.182 1021.143 1021.183 1021.144 1021.184 1021.151 1021.191 1021.161 1021.54 1021.162 1021.55 1021.171 1021.201
Annex A
TITLE 25. ENVIRONMENTAL PROTECTION
PART IX. ENVIRONMENTAL HEARING BOARD
CHAPTER 1021. PRACTICE AND PROCEDURES PRELIMINARY PROVISIONS
GENERALSec.
1021.1. Scope of chapter. 1021.2. Definitions. 1021.3. Amendments to rules. 1021.4. Construction and application of rules. TIME
1021.11. Effective dates of Board adjudications and preliminary orders. 1021.12. Extensions of time. REPRESENTATION BEFORE THE BOARD
1021.21. Representation. 1021.22. Notice of appearance. 1021.23 Withdrawal of appearance. 1021.24 Referral to pro bono counsel. 1021.25 Amicus curiae. DOCUMENTARY FILINGS
FILING AND SERVICE OF DOCUMENTS
1021.31. Filing. 1021.32. Service by the Board. 1021.33. Service by a party. 1021.34. Date of service. 1021.35. Certificate of service. 1021.36. Number of copies. 1021.37. Publication of notice. 1021.38. Docket. FORMAL PROCEEDINGS
APPEALS
1021.51. Commencement, form and content. 1021.52 Timeliness of appeal. 1021.53 Amendments to appeal; nunc pro tunc appeals. 1021.54 Prepayment of penalties. 1021.55. Hearing on inability to prepay penalty. SUPERSEDEAS
1021.61. General. 1021.62. Contents of petition for supersedeas. 1021.63. Circumstances affecting grant or denial. 1021.64. Temporary supersedeas. SPECIAL ACTIONS
1021.71. Complaints filed by the Department. 1021.72. Answers to complaints filed by the Department. 1021.73. Procedure after an answer is filed. CONSOLIDATION, INTERVENTION AND
SUBSTITUTION OF PARTIES
1021.81. Intervention. 1021.82. Consolidation. 1021.83. Substitution of parties. MOTIONS
1021.91. General. 1021.92. Procedural motions. 1021.93. Discovery motions. 1021.94. Dispositive motions. 1021.95. Miscellaneous motions. PREHEARING PROCEDURES AND
PREHEARING CONFERENCES
1021.101. Prehearing procedure. 1021.102. Discovery. 1021.103. Subpoenas. 1021.104. Prehearing memorandum. 1021.105. Prehearing conferences. 1021.106. Voluntary mediation. 1021.107. Authority delegated to hearing examiners. HEARINGS
1021.111. Initiation of hearings. 1021.112. Waiver of hearings. 1021.113. Continuance of hearings. 1021.114. Venue of hearings. 1021.115. View of premises. 1021.116. Conduct of hearings. 1021.117. Presentation by the parties. 1021.118. Transcript. EVIDENCE
1021.121. Motions in limine. 1021.122. Burden of proceeding and burden of proof. 1021.123. Evidence. 1021.124. Written testimony. 1021.125. Official notice of facts. 1021.126. Limiting number of witnesses and additional evidence. POSTHEARING PROCEDURES
1021.131. Posthearing briefs. 1021.132. Oral argument after hearing. 1021.133. Reopening of record prior to adjudication. 1021.134. Adjudications. TERMINATION OF PROCEEDINGS
1021.141. Termination of proceedings. RECONSIDERATION
1021.151. Reconsideration of interlocutory orders. 1021.152. Reconsideration of final orders. SANCTIONS
1021.161. Sanctions. ATTORNEY FEES AND COSTS
AUTHORIZED BY THE COSTS ACT
1021.171. Scope. 1021.172. Application for fees and expenses. 1021.173. Response to application. 1021.174. Disposition of application. ATTORNEY FEES AND COSTS AUTHORIZED
BY STATUTE OTHER THAN THE COSTS ACT
1021.181. Scope. 1021.182. Application for costs and fees. 1021.183. Response to application. 1021.184. Disposition of application. ATTORNEY FEES AND COSTS
UNDER MORE THAN ONE STATUTE
1021.191. Application for counsel fees under more than one statute. APPELLATE MATTERS
1021.201. Composition of the certified record on appeal to Commonwealth Court.
[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:
* * * * * Electronic filing--The electronic transmission of legal documents by means of a computer or device, other than by facsimile transmission, in the format of Word Perfect for Windows or Microsoft Word for Windows or such other format as the Board may permit.
Filing attorney--A registered attorney who files a legal document by means of electronic filing on behalf of a client whom the attorney represents in a proceeding before the Board.
* * * * * Legal document--A motion, answer or other paper filed in a proceeding before the Board other than a notice of appeal or a complaint that is original process naming a defendant or defendants. A subpoena or a bond or check issued to secure payment of a penalty is not a legal document; the original of the documents excluded from this definition must be filed or served.
* * * * * Registered attorney--An attorney admitted to practice in this Commonwealth, or other counsel permitted by Board order to represent a party for purposes of a particular proceeding, who has filed an electronic filing registration statement with the Board and to whom the Board has issued a password authorizing filing and service through the Board's website.
Registration statement--A statement made on professional or organizational letterhead requesting the use of the Board's website for electronic filing containing such information as the Board may require.
* * * * *
TIME § [1021.15] 1021.11. Effective dates of Board adjudications and preliminary orders.
* * * * * § [1021.17] 1021.12. Extensions of time.
* * * * *
REPRESENTATION BEFORE THE BOARD § [1021.22] 1021.21. Representation.
* * * * * § [1021.23] 1021.22. Notice of appearance.
* * * * * § 1021.23. Withdrawal of appearance.
(a) An attorney's appearance for a party may be withdrawn without leave of the Board if another attorney has entered or simultaneously enters an appearance for the party and the change of attorneys does not delay any stage of the litigation.
(b) In ruling on a motion for withdrawal of appearance under other circumstances, the Board will consider the following factors: the reasons why withdrawal is requested; any prejudice withdrawal may cause to the litigants; delay in resolution of the case which would result from withdrawal; and the effect of withdrawal on the efficient administration of justice.
(c) In the event withdrawal of counsel will result in an unrepresented party before the Board, counsel seeking to withdraw shall provide the Board with a single contact person for future service in all proceedings.
§ [1021.117] 1021.25. Amicus curiae.
* * * * *
[Subchapter B.] DOCUMENTARY FILINGS
FILING AND SERVICE OF DOCUMENTS § [1021.30] 1021.31. Filing.
* * * * * (c) Documents may be filed by personal delivery, by mail or by facsimile. Legal documents, as defined in § 1021.2 (relating to definitions), may be filed electronically in accordance with this chapter. 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. [A filing received after the close of the business day at 4:30 p.m. Eastern Time shall be deemed to be filed on the following business day.]
(d) Legal documents may be filed with the Board electronically through the Board's website by a filing attorney unless provided otherwise by Board order. A legal document filed electronically shall be deemed the equivalent of the original document subject to the following conditions:
(l) The electronic filing of a legal document constitutes a certification by the filing attorney that the original hard copy was properly signed and, where applicable, verified.
(2) An executed hard copy of the legal document, with required verifications, shall be maintained by the filing attorney and produced at the request of the Board or any other party within 14 days of the request.
(e) In filing legal documents electronically, a filing attorney shall be responsible for the following:
(1) An objective description of the legal document consistent with the title placed on the legal document as required by the Board's website.
(2) Any delay, disruption or interruption of the electronic signals and readability of the legal document.
(3) Any risk that a legal document may not be properly or timely filed with the Board.
(f) Hard copy of any electronically filed legal document which exceeds 50 pages in length must also be filed with the Board in accordance with subsections (a) and (c) and § 1021.36 (relating to number of copies). Exhibits to legal documents may be filed and served either electronically or by hard copy in accordance with the sections in this chapter relating to filing and service. If these requirements are met by hard copy of exhibits, they must be sent to the Board by mail or express delivery and, in the case of requests for expedited disposition, service shall mean actual receipt by the opposing party as required by § 1021.33(b) (relating to service by a party).
(g) Documents filed by United States mail, hand or other delivery services after the close of the business day at 4:30 p.m. Eastern Time shall be deemed to be filed on the following business day. Documents filed electronically, including by facsimile, shall be deemed filed on the day received by the Board.
§ [1021.31] 1021.32. Service by the Board.
* * * * * § [1021.32] 1021.33. Service by a party.
* * * * * (c) Service of legal documents may be made electronically on a registered attorney by any other registered attorney. The filing of a registration statement constitutes a certification that the registered attorney will accept electronic service of any legal document from any other registered attorney. A registered attorney may withdraw his registration statement for purposes of a specific case if he chooses not to receive electronic service in that case by filing an amendment to the filing party's registration statement.
(d) Subsections (a) [and (b)]--(c) supersede 1 Pa. Code § 33.32 (relating to service by a participant).
§ [1021.33] 1021.34. Date of service.
(a) The date of service shall be the date the document served is mailed, [or] delivered in person or transmitted electronically. When service of the document, or hard copy of exhibits to a legal document filed electronically, is by mail, 3 days shall be added to the time required by this chapter for responding to the document.
* * * * * § [1021.34] 1021.35. Certificate of service.
* * * * * § [1021.35] 1021.36. Number of copies.
(a) [Unless] Except in the case of electronically filed documents, including exhibits, and unless otherwise ordered by the Board, the following number of copies shall be filed with the Board:
(1) [Dispositive motions and post-hearing briefs--three copies.] One original and two copies of each of the following:
(i) Notices of appeal.
(ii) Complaints.
(iii) Answers.
(iv) Posthearing briefs.
(v) Dispositive motions and related memoranda, responses and replies.
(2) [Prehearing memoranda, petitions for supersedeas and all motions, other than motions for stays, extensions and continuances of procedural deadlines--two copies.] One original and one copy of each of the following:
(i) Petitions for supersedeas and any related responses.
(ii) Prehearing memoranda.
(iii) Nondispositive motions and petitions (other than motions for stays, extensions and continuances of procedural deadlines), and related memoranda, responses and replies.
(3) [Other documents--one copy. ] One original of other documents.
(b) One copy of [briefs and other] all documents submitted to the Board shall be served on the other parties to the proceeding.
* * * * * § [1021.36] 1021.37. Publication of notice.
* * * * *
[DOCKET] § [1021.41] 1021.38. Docket.
(a) The Board will maintain a docket of proceedings and a proceeding as initiated shall be assigned an appropriate designation. The Board will maintain the docket on its website available to all members of the public and will accept filings of legal documents by electronic transmission from registered attorneys.
(b) The docket will register the date of all filings as well as the time of the filing if the filing is made electronically. When a document is filed electronically, the Board will transmit electronically a status message to all registered attorneys in the proceeding when the document is filed.
(c) The Board will maintain a complete official file on all proceedings consisting of both electronic and hard copy filings. The official copy of an electronically filed document or Board order shall be that appearing on the Board's website.
[(c)] (d) The [docket and the] electronic docket will be available on the Board's website and the hard copy portion of the official file shall be available for inspection and copying by the public during the office hours of the Board insofar as consistent with the proper discharge of the duties of the Board.
[(d)] (e) Subsections (a)--[(c)] (d) supersede 1 Pa. Code § 33.51 (relating to docket).
[Subchapter C.] FORMAL PROCEEDINGS
APPEALS § [1021.161] 1021.54. Prepayment of penalties.
* * * * * § [1021.162] 1021.55. Hearing on inability to prepay penalty.
* * * * *
SUPERSEDEAS § [1021.76] 1021.61. General.
* * * * * § [1021.77] 1021.62. Contents of petition for supersedeas.
* * * * * § [1021.78] 1021.63. Circumstances affecting grant or denial.
* * * * * § [1021.79] 1021.64. Temporary supersedeas.
* * * * *
SPECIAL ACTIONS § [1021.56] 1021.71. Complaints filed by the Department.
* * * * * § [1021.57] 1021.72. Answers to complaints filed by the Department.
* * * * * § [1021.58] 1021.73. Procedure after an answer is filed.
* * * * *
CONSOLIDATION, INTERVENTION AND SUBSTITUTION OF PARTIES § [1021.62] 1021.81. Intervention.
* * * * * § [1021.80] 1021.82. Consolidation.
* * * * * § [1021.54] 1021.83. Substitution of parties.
* * * * *
MOTIONS § [1021.70] 1021.91. General.
* * * * * (b) Motions and responses shall be in writing, [and be] signed by a party or its attorney and shall be accompanied by a proposed order.
* * * * * § [1021.71] 1021.92. Procedural motions.
* * * * * (e) Requests for extensions or continuances, whether in letter or motion form, shall [contain a specific date for the extension or continuance] be accompanied by a proposed order.
* * * * * § [1021.72] 1021.93. Discovery motions.
* * * * * § [1021.73] 1021.94. Dispositive motions.
* * * * * § [1021.74] 1021.95. Miscellaneous motions.
* * * * *
PREHEARING PROCEDURES AND PREHEARING CONFERENCES § [1021.81] 1021.101. Prehearing procedure.
* * * * * § [1021.111] 1021.102. Discovery.
* * * * * (e) Subsections (a)--(d) [supplement] supersede 1 Pa. Code §§ 35.145--35.152 (relating to depositions).
§ [1021.114] 1021.103. Subpoenas.
* * * * * § [1021.82] 1021.104. Prehearing memorandum.
* * * * * § [1021.83] 1021.105. Prehearing conferences.
* * * * * § [1021.84] 1021.106. Voluntary mediation.
* * * * * § [1021.99] 1021.107. Authority delegated to hearing examiners.
* * * * *
HEARINGS § [1021.85] 1021.111. Initiation of hearings.
* * * * * § [1021.94] 1021.112. Waiver of hearings.
* * * * * § [1021.87] 1021.113. Continuance of hearings.
* * * * * § [1021.96] 1021.114. Venue of hearings.
* * * * * § [1021.98] 1021.115. View of premises.
* * * * * § [1021.86] 1021.116. Conduct of hearings.
* * * * * § [1021.89] 1021.117. Presentation by the parties.
* * * * * § [1021.104] 1021.118. Transcript.
* * * * *
EVIDENCE § [1021.88] 1021.121. Motions in limine.
* * * * * § [1021.101] 1021.122. Burden of proceeding and burden of proof.
* * * * * § [1021.107] 1021.123. Evidence.
* * * * * § [1021.108] 1021.124. Written testimony.
* * * * * § [1021.109] 1021.125. Official notice of facts.
* * * * * § [1021.90]1021.126. Limiting number of witnesses and additional evidence.
* * * * *
POSTHEARING PROCEDURES § [1021.116] 1021.131. Posthearing briefs.
* * * * * § [1021.92] 1021.132. Oral argument after hearing.
* * * * * § [1021.122] 1021.133. Reopening of record prior to adjudication.
* * * * * § [1021.118] 1021.134. Adjudications.
* * * * *
TERMINATION OF PROCEEDINGS § [1021.120] 1021.141. Termination of proceedings.
* * * * *
RECONSIDERATION § [1021.123] 1021.151. Reconsideration of interlocutory orders.
(a) A petition for reconsideration of an interlocutory order or ruling shall be filed within 10 days of the order or ruling. The petition must demonstrate that extraordinary circumstances justify consideration of the matter by the Board. A party may file a memorandum of law at the time the motion or response is filed.
* * * * * § [1021.124] 1021.152. Reconsideration of final orders.
(a) A petition for reconsideration of a final order shall be filed within 10 days of the date of the final order. A party may file a memorandum of law at the time the motion or response is filed. Reconsideration is within the discretion of the Board and will be granted only for compelling and persuasive reasons. These reasons may include the following:
* * * * *
SANCTIONS § [1021.125] 1021.161. Sanctions.
* * * * *
ATTORNEY FEES AND COSTS AUTHORIZED BY THE COSTS ACT § [1021.131] 1021.171. Scope.
* * * * * § [1021.132] 1021.172. Application for fees and expenses.
* * * * * § [1021.133] 1021.173. Response to application.
* * * * * § [1021.134] 1021.174. Disposition of application.
* * * * *
ATTORNEY FEES AND COSTS AUTHORIZED BY STATUTE OTHER THAN THE COSTS ACT § [1021.141] 1021.181. Scope.
* * * * * § [1021.142] 1021.182. Application for costs and fees.
* * * * * § [1021.143] 1021.183. Response to application.
* * * * * § [1021.144] 1021.184. Disposition of application.
* * * * *
ATTORNEY FEES AND COSTS UNDER MORE THAN ONE STATUTE § [1021.151] 1021.191. Application for counsel fees under more than one statute.
* * * * *
APPELLATE MATTERS § [1021.171] 1021.201. Composition of the [Certified Record on Appeal] certified record on appeal to Commonwealth Court.
(a) Unless the parties file a stipulation with the Board providing otherwise, within 20 days of the filing of the petition for review, the Board shall certify the record in accordance with [Pa.R.C.P.] Pa.R.A.P. 1951 (relating to record below in proceedings on petition for review) and the record shall consist of:
* * * * *
[Pa.B. Doc. No. 01-2012. Filed for public inspection November 9, 2001, 9:00 a.m.]
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