25 Pa. Code § 1021.151. Reconsideration of interlocutory orders.

RECONSIDERATION

§ 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 petition or response is filed.
(b)  A copy of the petition shall be served upon the parties. A party wishing to file an answer may do so within 10 days of service or as ordered by the Board.
(c)  The failure of a party to file a petition under this section will not result in a waiver of any issue.
(d)  Subsections (a)—(c) supersede 1 Pa. Code §  35.241 (relating to application for rehearing or reconsideration).
Comment: There is no need to file a petition for reconsideration of an interlocutory order in order to preserve an issue for later argument. Reconsideration is an extraordinary remedy and is inappropriate for the vast majority of the rulings issued by the Board.

Authority

   The provisions of this §  1021.151 amended under section 5 of the Environmental Hearing Board Act (35 P.S. §  7515).

Source

   The provisions of this §  1021.151 adopted August 30, 1996, effective August 31, 1996, 26 Pa.B. 4222; amended June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085; amended October 6, 2017, effective October 7, 2017, 47 Pa.B. 6205. Immediately preceding text appears at serial pages (372842) to (372843).

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