§ 42.1. Applicability of general rules.
(a) Under 1 Pa. Code § 31.1 (relating to scope of part), 1 Pa. Code Part II (relating to general rules of administrative practice and procedure), is applicable to the activities of and proceedings before the Commission, except as otherwise provided in this chapter or where inconsistent with this chapter, the act or the Fair Educational Opportunities Act.
(b) The following sections of the general rules of administrative practice and procedure are not applicable to activities of and proceedings before the Commission:
(1) 1 Pa. Code § 33.3 (relating to incorporation by reference).
(2) 1 Pa. Code § 33.4 (relating to single pleading or submittal covering more than one matter).
(3) 1 Pa. Code § 35.1 (relating to applications generally).
(4) 1 Pa. Code § 35.2 (relating to contents of applications).
(5) 1 Pa. Code § 35.14 (relating to orders to show cause).
(6) 1 Pa. Code § 35.20 (relating to appeals from action of staff).
(7) 1 Pa. Code § 35.23 (relating to protest generally).
(8) 1 Pa. Code § 35.24 (relating to effect of protest).
(9) 1 Pa. Code § § 35.27—35.32 (relating to intervention).
(10) 1 Pa. Code § § 35.36—35.39 (relating to answers).
(11) 1 Pa. Code § 35.41 (relating to satisfaction of complaints).
(12) 1 Pa. Code § § 35.101—35.106 (relating to general; notice of hearing).
(13) 1 Pa. Code § 35.125(b) (relating to order of procedure).
(14) 1 Pa. Code § 35.152 (relating to fees of officers and deponents).
(15) 1 Pa. Code § § 35.164 and 35.165 (relating to evidence).
(16) 1 Pa. Code § § 35.178—35.180 (relating to motions).
(17) 1 Pa. Code § 35.188(b) (relating to restrictions on duties and activities).
(18) 1 Pa. Code § 35.190 (relating to appeals to agency head from rulings of presiding officers).
(19) 1 Pa. Code § § 35.201—35.214 (relating to proposed reports generally).
(20) 1 Pa. Code § 35.221 (relating to briefs and oral argument in absence of proposed report).
(21) 1 Pa. Code § § 35.231—35.232 (relating to reopening of record).
(22) 1 Pa. Code § 35.241 (relating to application for rehearing or reconsideration).
(c) This section supersedes 1 Pa. Code § 31.1 (relating to scope of part).
Source The provisions of this § 42.1 adopted August 13, 1976, effective August 14, 1976, 6 Pa.B. 1887; corrected August 20, 1976, effective August 14, 1976, 6 Pa.B. 1985; amended April 19, 1991, effective April 20, 1991, 21 Pa.B. 1909. Immediately preceding text appears at serial pages (38302) and (86989).
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