PREHEARING PROCEDURES AND PREHEARING CONFERENCES
§ 1021.101. Prehearing procedure.
(a) Upon the filing of an appeal, the Board will issue a prehearing order providing that:
(1) All discovery shall be completed no later than 180 days from the date of the prehearing order.
(2) The service of a report of an expert together with a statement of qualifications may be substituted for an answer to expert interrogatories.
(3) Dispositive motions shall be filed within 210 days of the date of the prehearing order.
(4) The parties may, within 60 days of the date of the prehearing order, submit a Joint Proposed Case Management Order to the Board.
(b) A Joint Proposed Case Management Order shall propose alternate dates for the conclusion of discovery, the service of expert or supplemental reports, and the filing of dispositive motions. The Board may issue subsequent prehearing orders incorporating the alternate dates proposed by the parties or other dates the Board deems appropriate.
(c) The Board will establish a hearing date for the issues in the appeal. The Board may also direct that the parties meet prior to the hearing to stipulate to uncontested facts, the qualifications of experts and the admissibility of exhibits.
(d) The parties shall file their prehearing memoranda at least 20 days before the scheduled hearing date. The Board may issue an order scheduling specific dates on which each party is to file its prehearing memorandum, deadlines for filing motions in limine and a prehearing conference.
(e) Subsection (d) supersedes 1 Pa. Code § 35.121 (relating to initiation of hearings).
Authority The provisions of this § 1021.101 amended under section 5 of the Environmental Hearing Board Act (35 P.S. § 7515).
Source The provisions of this § 1021.101 amended September 18, 1998, effective September 19, 1998, 28 Pa.B. 4714; amended June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085; amended November 29, 2002, effective November 30, 2002, 32 Pa.B. 5883; amended February 10, 2006, effective February 11, 2006, 36 Pa.B. 709; amended October 6, 2017, effective October 7, 2017, 47 Pa.B. 6205. Immediately preceding text appears at serial pages (372829) to (372830).
Cross References This section cited in 25 Pa. Code § 1021.96a (relating to motions for expedited hearing); 25 Pa. Code § 1021.75 (relating to procedure after an answer is filed); and 25 Pa. Code § 1021.104 (relating to prehearing memorandum).
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