37 Pa. Code § 197.46a. Decision without hearing.

§ 197.46a. Decision without hearing.

(a)  At any time following the filing of reply briefs, but not later than 30 days prior to the commencement of the hearing, a party may file a motion for decision without hearing. The motion may include a request for oral argument. The motion shall set forth with specificity the reasons why a hearing is believed to be unnecessary.
(b)  Within 10 days of the filing of a motion for decision on the pleadings, a party may file an answer in opposition.
(c)  If the motion for decision without hearing is granted, the Hearing Board may require the parties to file a stipulation of facts to supplement the certified record.

Authority

   The provisions of this §  197.46a issued and amended under section 805(b) of the Health Care Facilities Act (35 P. S. §  448.805(b)); and 2 Pa.C.S. §  102(a).

Source

   The provisions of this §  197.46a adopted August 19, 1983, effective August 20, 1983, 13 Pa.B. 2551; corrected August 26, 1983, 13 Pa.B. 2626; amended September 4, 1987, effective September 5, 1987, 17 Pa.B. 3609. Immediately preceding text appears at serial page (83487).

Cross References

   This section cited in 37 Pa. Code §  197.15 (relating to recording of proceedings).

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