APPELLATE MATTERS
§ 1021.201. Composition of the certified record on appeal to Commonwealth Court.
(a) Unless the parties file a stipulation with the Board or the Commonwealth Court requires otherwise, the Board shall certify the record in accordance with the applicable Rules of Appellate Procedure. The record must consist of:
(1) A list of the docket entries.
(2) The notice of appeal and the Department action appealed to the Board, or, if the proceedings before the Board were initiated with a complaint, the complaint.
(b) In addition to items listed in subsection (a), for appeals of Board adjudication, the record must also include:
(1) The Board’s adjudication and order.
(2) The notes of testimony from the hearing, all exhibits admitted into evidence.
(3) The parties’ posthearing briefs, including requested findings of fact and conclusions of law.
(4) Petitions for reconsideration or to reopen the record, answers and accompanying exhibits.
(5) Other documents which formed the basis of the Board’s adjudication.
(c) In addition to items listed in subsection (a), for appeals of Board opinions and orders, the record must also include:
(1) The Board’s opinion and order.
(2) The motion or petition which was the subject of the Board’s opinion and order, together with responses, answers and replies, and accompanying exhibits.
(3) Petitions for reconsideration of the Board’s opinion and order, responses, answers and replies, and accompanying exhibits.
(4) Other documents which formed the basis of the Board’s opinion and order.
(d) For electronic filings, a paper copy of the electronic filing will be submitted to the Commonwealth Court as part of the certified record in accordance with this rule, notwithstanding the provisions of § 1021.39(c) (relating to docket) that the official copy of an electronically filed document shall be that appearing on the Board’s web site.
Authority The provisions of this § 1021.201 amended under section 5 of the Environmental Hearing Board Act (35 P.S. § 7515).
Source The provisions of this § 1021.201 adopted June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085; amended November 29, 2002, effective November 30, 2002, 32 Pa.B. 5883; amended August 8, 2014, effective August 9, 2014, 44 Pa.B. 5328; amended October 6, 2017, effective October 7, 2017, 47 Pa.B. 6205. Immediately preceding text appears at serial pages (372846) to (372847).
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