§ 1021.96a. Motions for expedited hearing.
(a) A motion for an expedited hearing may be filed at any time in either an appeal or special action, or the Board may order an expedited hearing on its own motion.
(b) The Board may issue an order for an expedited hearing notwithstanding the time requirements contained in a previous order of the Board, the Board’s Rules of Practice and Procedure in § 1021.101 (relating to prehearing procedure), or Title 231 (relating to rules of civil procedure) relating to discovery.
(c) In issuing such an order, the Board will be guided by relevant judicial and Board precedent. Among other factors to be considered:
(1) Whether pollution or injury to the public health, safety or welfare exists or is threatened during the period ordinarily required to complete the proceedings.
(2) Severity of prejudice to any party during the time period ordinarily required to complete the proceedings.
(3) The status of discovery and the realistic need of the parties for extended discovery and for time to prepare for a hearing.
(4) Whether the issuance of such an order would promote judicial economy or would otherwise be in the public interest.
(5) The effect of expedited proceedings on the nonrequesting party.
(d) The Board may direct that a prehearing conference be held to determine an appropriate schedule for the completion of prehearing proceedings as well as the time and place of the hearing.
Source The provisions of this § 1021.96a adopted October 16, 2009, effective October 17, 2009, 39 Pa.B. 6035.
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