§ 607a.21. Exceptions.
(a) Generally. A party aggrieved by the proposed decision and order may, within 20 days after the issuance of the proposed decision and order, appeal to the Secretary of Administration, by filing with the Docket Clerk exceptions to the proposed decision and order, or part of it, in the form of a brief on exceptions.
(b) Content.
(1) A brief on exceptions shall, at a minimum:
(i) State the specific issues of procedure, fact or law, or other portion of the proposed decision and order to which each exception is taken.
(ii) Identify the page or part of the proposed decision and order to which each exception is taken.
(iii) Designate by page citation or exhibit number the portions of the record relied upon for each exception.
(2) A brief on exceptions may include specific findings and conclusions proposed in lieu of those to which exception is taken and any proposed additional findings and conclusions.
(c) Service. On the date of filing, a party shall simultaneously serve a copy of the brief on exceptions on the opposing party by first class mail, unless the parties mutually agree to accept service by electronic mail. A party shall include with their brief on exceptions a certificate of service indicating proper service on the opposing party.
(1) When a brief on exceptions is served by first class mail, the date of mailing shall be deemed the date of service and shall be determined in the manner set forth in § 607a.5(b) (relating to filings with Docket Clerk).
(2) When a brief on exceptions is served by electronic mail, the date of receipt recorded by the opposing party’s electronic mail system shall be deemed the date of service. A party filing a document by electronic mail is responsible for any delay, disruption, interruption of electronic signals, and readability of the document and accepts the risk that the document may not be properly or timely filed.
(d) Waiver. A party’s failure to file with the Docket Clerk a brief on exceptions within the time allowed under this section shall constitute a waiver of all objections to the proposed decision and order. Objections to any part of a proposed decision and order that are not included in a party’s brief on exceptions shall be deemed waived.
(e) Supersession. Subsection (a) supersedes 1 Pa. Code § § 35.190(a) and 35.211 (relating to appeals to agency head from rulings of presiding officers; and procedure to except to proposed report), subsections (b)—(d) supersede 1 Pa. Code § § 35.211 and 35.212(a)(1) (relating to procedure to except to proposed report; and content and form of briefs on exceptions) and subsection (d) supersedes 1 Pa. Code 35.213 (relating to effect of failure to except to proposed report).
Cross References This section cited in 4 Pa. Code § 607a.20 (relating to proposed decision and order); and 4 Pa. Code § 607a.22 (relating to brief opposing exceptions).
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