§ 1021.153. Amendment of interlocutory orders.
(a) Requests to amend an interlocutory order to certify one or more issues for appeal in accordance with 42 Pa.C.S. § 702(b) (relating to interlocutory orders) shall be filed within 10 days of service of the order and shall take the form of a motion under § 1021.91 (relating to general).
(b) Motions filed under subsection (a) must be accompanied by a memorandum of law setting forth the reasons why the order involves a controlling question of law as to which there is a substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the matter.
(c) Responses to motions filed under this section shall be filed within 10 days of service of the motion and shall be consistent with § 1021.91.
(d) If the Board does not act on the motion within 30 days of it being filed, the motion shall be deemed denied.
(e) The filing of a motion under this section or the amendment of an interlocutory order containing the requested finding will not stay a proceeding unless otherwise ordered by the Board or by Commonwealth Court.
(f) Subsections (a)—(e) supersede 1 Pa. Code § 35.225 (relating to interlocutory orders).
Authority The provisions of this § 1021.153 issued under section 5 of the Environmental Hearing Board Act (35 P.S. § 7515).
Source The provisions of this § 1021.153 adopted October 6, 2017, effective October 7, 2017, 47 Pa.B. 6205.
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