Subchapter C. MISCELLANEOUS PROVISIONS
AMENDMENTS AND WITHDRAWALS OF SUBMITTALS Sec.
33.41. Amendments.
33.42. Withdrawal or termination.
DOCKET
33.51. Docket.
WAIVER OF RULES
33.61. Applications for waiver of formal requirements.
AMENDMENTS AND WITHDRAWALS OF SUBMITTALS
§ 33.41. Amendments.
An amendment to a submittal may be tendered for filing any time and shall be deemed filed as of the date of tender unless the agency shall otherwise order.
Cross References This section cited in 34 Pa. Code § 111.15 (relating to no other pleadings allowed); 34 Pa. Code § 131.35 (relating to amendments to pleadings); 34 Pa. Code § 131.36 (relating to joinder); 49 Pa. Code § 31.103 (relating to applicability of other laws and rules); 49 Pa. Code § 31.115 (relating to disciplinary sanctions); 52 Pa. Code § 1.81 (relating to amendments); 52 Pa. Code § 1001.81 (relating to amendments); 55 Pa. Code § 41.25 (relating to amendment or withdrawal of legal documents); and 61 Pa. Code § 703.5 (relating to other submissions).
§ 33.42. Withdrawal or termination.
(a) A party which desires to terminate a noncontested matter or proceeding before final decision by an agency or otherwise desires to withdraw a submittal shall file a motion for leave to withdraw the appropriate document. Unless otherwise provided by statute, the motion will be granted or denied as a matter of discretion.
(b) Withdrawal of pleadings in contested proceedings shall be governed by the provisions of § 35.51 (relating to withdrawal of pleadings).
Cross References This section cited in 34 Pa. Code § 111.15 (relating no other pleadings allowed); 34 Pa. Code § 131.34 (relating to other filings); 34 Pa. Code § 131.35 (relating to amendments to pleadings); 34 Pa. Code § 131.36 (relating to joinder); 34 Pa. Code § 131.57 (relating to compromise and release agreements); 49 Pa. Code § 31.103 (relating to applicability of other laws and rules); 49 Pa. Code § 31.115 (relating to disciplinary sanctions); 52 Pa. Code § 1.82 (relating to withdrawal or termination); 52 Pa. Code § 1001.82 (relating to withdrawal or termination of uncontested matter or proceedings); 55 Pa. Code § 41.25 (relating to amendment or withdrawal of legal documents); and 61 Pa. Code § 703.9 (relating to withdrawal or termination of appeal).
DOCKET
§ 33.51. Docket.
The office of the agency shall maintain a docket of all proceedings, and each proceeding as initiated shall be assigned an appropriate designation. The docket shall be available for inspection and copying by the public during the office hours of the agency insofar as consistent with the proper discharge of the duties of the agency.
Cross References This section cited in 7 Pa. Code § 131.17 (relating to docket); 25 Pa. Code § 1021.39 (relating to docket); 28 Pa. Code § 1230a.23 (relating to docket); 34 Pa. Code § 131.21 (relating to identifying number); 34 Pa. Code § 131.34 (relating to other filings); 37 Pa. Code § 171.13 (relating to docket); 40 Pa. Code § 15.31 (relating to central docketing and case control); 49 Pa. Code § 31.103 (relating to applicability of other laws and rules); 49 Pa. Code § 31.115 (relating to disciplinary sanctions); 52 Pa. Code § 1.86 (relating to docket); 52 Pa. Code § 1001.91 (relating to docket); 55 Pa. Code § 41.25 (relating to amendment or withdrawal of legal documents); and 61 Pa. Code § 703.32 (relating to notice of proceeding).
WAIVER OF RULES
§ 33.61. Applications for waiver of formal requirements.
(a) Pleadings, submittals or other documents which are subject to rejection under § 31.5 (relating to communications and filings generally) may be accompanied by a request, under § 35.18 (relating to petitions for issuance, amendment, waiver or repeal of regulations) for waiver of, or exception to, a provision of this chapter or regulations or requirements with which the document tendered is in conflict or does not conform. The request shall show the nature of the waiver or exception desired and set forth the reasons in support thereof. Unacceptable filings may be returned by the agency with an indication of the deficiencies thereof and the reasons for nonacceptance and return.
(b) Unless the agency shall expressly so order, acceptance for filing may not waive a failure to comply with this chapter, the regulations of the agency or another applicable requirement, and the failure may be cause for striking all or any part of the filings.
Notes of Decisions The fact that the Department of Public Welfare filed and docketed an appeal did not constitute a waiver of the failure of the appellant to meet the applicable appeal period as the appellant did not claim an unreasonable delay in receipt of a letter from Department of Public Welfare advising the appellant of the 30 day appeal period for audit disallowances nor did an order exist waiving the appellant’s 30 day appeal period. Friends Hospital v. Department of Public Welfare, 551 A.2d 640 (Pa. Cmwlth. 1988).
Cross References This section cited in 34 Pa. Code § 111.15 (relating to no other pleadings allowed); 34 Pa. Code § 131.3 (relating to waiver and modification of rules); 34 Pa. Code § 131.202 (relating to first hearing information and stay); 40 Pa. Code § 15.42 (relating to waiver of hearing or appeal); 40 Pa. Code § 15.45 (relating to notice of hearings; effect of waiver of hearing); 49 Pa. Code § 31.103 (relating to applicability of other laws and rules); 49 Pa. Code § 31.115 (relating to disciplinary sanctions); 52 Pa. Code § 1.91 (relating to applications for waiver of formal requirements); 52 Pa. Code § 1001.101 (relating to applications for waiver of formal requirements); and 61 Pa. Code § 702.4 (relating to filing generally).
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