§ 15.41. Pleadings and other preliminary matters.
(a) Pleadings. The pleadings allowed in an action before the ALJ are as follows:
(1) Citations.
(2) Petitions, motions and other pleadings for special relief.
(3) Answers to petitions, motions and other pleadings.
(b) Form and content of citation. When a citation comports with due process, but otherwise has a defect, such as omission of information or a clerical error, it may not be dismissed, but may be returned to the Bureau to correct the defect without formal motion. A citation shall contain at least the following:
(1) A caption fully identifying the licensee to include the trade name, address and license number.
(2) A case, citation or other docket number.
(3) A brief description of the types and dates of alleged violations with separate counts if separate charges.
(4) A statement indicating that the licensee has been cited to appear before an ALJ on a date to be scheduled by the ALJ to show cause why the license should not be suspended or revoked or a fine imposed, or both.
(5) A statement regarding the right to an attorney and the right to waive a hearing.
(6) A signature of an official of the Bureau.
(7) The date issued.
(c) Form of petitions, motions or other pleadings.
(1) Petitions, motions or other pleadings shall state clearly and concisely the grounds of interest of the petitioner or movant, the facts relied upon and the relief sought.
(2) Paragraph (1) supplements 1 Pa. Code § 35.17 (relating to petitions generally).
(d) Orders to show cause. When the Bureau desires to institute a citation, the Bureau may commence the action if appropriate by a citation directing the licensee to appear before an ALJ at a date to be scheduled by the OALJ to show cause why the licensee’s license should not be suspended or revoked or a fine imposed, or both.
Source The provisions of this § 15.41 adopted December 27, 1991, effective December 28, 1991, 21 Pa.B. 5935.
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