§ 35.116. Refusal to make admissions or stipulate.
If a party attending a conference convened under these rules refuses to admit or stipulate the genuineness of a document or the truth of a matter of fact and if the participant requesting the admissions or stipulations thereafter proves the genuineness of the document or the truth of the matter of fact, he may apply to the agency head or presiding officer for an order requiring the other party to pay him the reasonable expenses incurred in making such proof, including reasonable attorney’s fees. Unless the agency head or presiding officer finds that there were good reasons for the refusal to admit or stipulate or that the admissions or stipulations sought were of no substantial importance, the order shall be made. An appeal may be taken to the agency head immediately from any such order made by a presiding officer. If a party refuses to comply with such order after it becomes final, the agency may strike all or any part of such pleadings of such party or limit or deny further participation by such party.
Cross References This section cited in 7 Pa. Code § 179.60 (relating to prehearing and other conferences); 10 Pa. Code § 3.10 (relating to prehearing conferences); 16 Pa. Code § 42.75 (relating to conciliation meetings and prehearing conferences); 22 Pa. Code § 121.191 (relating to approved lending institutions in Federal Stafford Loan, Federal PLUS Loan and Federal Consolidation Loan Programs); 34 Pa. Code § 131.53a (relating to consolidated hearing procedure); 34 Pa. Code § 131.57 (relating to compromise and release agreements); 34 Pa. Code § 131.58 (relating to informal conferences); 34 Pa. Code § 131.59 (relating to mediation); 34 Pa. Code § 131.59a (relating to voluntary mediation); 34 Pa. Code § 131.59b (relating to mandatory mediation); 34 Pa. Code § 131.60 (relating to resolution hearings); 34 Pa. Code § 131.203 (relating to hearing procedures); 34 Pa. Code § 131.204 (relating to UEGF subpoenas and interrogatories); 37 Pa. Code § 171.61 (relating to conciliation conference); 37 Pa. Code § 171.81 (relating to prehearing conference); 37 Pa. Code § 197.46 (relating to prehearing conference); 37 Pa. Code § 197.88 (relating to prehearing conference); 40 Pa. Code § 15.43 (relating to prehearing memoranda or conferences); 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 § 5.233 (relating to refusal to make admissions or stipulate); 52 Pa. Code § 1005.91 (relating to conferences generally); 58 Pa. Code § 491a.9 (relating to prehearing and other conferences); and 61 Pa. Code § 703.21 (relating to prehearing conference).
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