Subchapter A. PLEADINGS
GENERAL PROVISIONS Sec.
1005.1. Pleadings allowed.
FORMAL COMPLAINTS
1005.11. Formal complaints generally.
1005.12. Content of formal complaints.
1005.13. Citation complaints by the Authority.
1005.14. Joinder of formal complaints.
1005.15. Satisfaction of formal complaints.
PETITIONS
1005.21. Petitions generally.
1005.22. Petitions for declaratory orders.
1005.23. Petitions for issuance, amendment, repeal or waiver of Authority regulations.
1005.24. Appeals from actions of the staff.
INTERVENTION
1005.31. Initiation of intervention.
1005.32. Eligibility to intervene.
1005.33. Form and content of petitions to intervene.
1005.34. Filing of petitions to intervene.
1005.35. Notice, service and action on petitions to intervene.
1005.36. Limitation of participation in hearings.
ANSWERS
1005.41. Answers to complaints, petitions, motions and other filings requiring a response.
1005.42. Answers seeking affirmative relief or raising new matter.
1005.43. Replies to answers seeking affirmative relief or new matter.
1005.44. Answers to amendments of pleadings.
1005.45. Answers to petitions to intervene.
CONSOLIDATION
1005.51. Consolidation.
AMENDMENT AND WITHDRAWAL OF PLEADINGS
1005.61. Amendments of pleadings generally.
1005.62. Amendments to conform to the evidence.
1005.63. Directed amendments.
1005.64. Withdrawal of pleadings in a contested proceeding.
MOTIONS
1005.71. Motions.
Cross References This chapter cited in 52 Pa. Code § 1001.10 (relating to definitions); 52 Pa. Code § 1001.34 (relating to single pleading or submittal covering more than one matter); 52 Pa. Code § 1001.61 (relating to penalties); 52 Pa. Code § 1001.101 (relating to applications for waiver of formal requirements); 52 Pa. Code § 1003.32 (relating to out of service designation); and 52 Pa. Code § 1003.42 (relating to Authority action on informal complaints).
GENERAL PROVISIONS
§ 1005.1. Pleadings allowed.
(a) Except as limited by specific provisions of this part, the pleadings in an action before the Authority include the following:
(1) Application and protest.
(2) Formal complaint, answer, new matter and reply to new matter.
(3) Petition and answer.
(4) Motion and answer.
(b) Pleadings must be typed or printed in 12-point Times New Roman, except that headings may be in bolded 14-point Times New Roman. Pleadings may not be handwritten.
Cross References This section cited in 52 Pa. Code § 1005.145 (relating to effect of pleadings).
FORMAL COMPLAINTS
§ 1005.11. Formal complaints generally.
(a) Formal complaints averring an act done or omitted to be done by a person subject to the jurisdiction of the Authority, in violation, or claimed violation of a statute which the Authority has jurisdiction to administer, or of this part or an order of the Authority, may be filed with the Authority by:
(1) The Enforcement Department.
(2) The Office of Trial Counsel.
(3) The PUC.
(4) Philadelphia law enforcement or licensing officials, as provided under section 5705(b) of the act (relating to contested complaints).
(5) An informal complainant within 30 days of service of a termination letter from the Authority declining further action as provided in § § 1003.42(c) and 1003.43 (relating to Authority action on informal complaints; and other initiation of formal complaints).
(b) If the complaint relates to a provision in a tariff, regulation, report or other similar document on file with the Authority as a matter of public record, the document should be identified.
(c) A copy of the complaint will be served upon the respondent as follows:
(1) By the Authority in accordance with § 1001.51 (relating to service by the Authority).
(2) By a complainant other than the Authority in accordance with § 1001.52 (relating to service by a party).
(d) Subsections (a)—(c) supersede 1 Pa. Code § 35.9 (relating to formal complaints generally).
Cross References This section cited in 52 Pa. Code § 1003.43 (relating to other initiation of formal complaints); 52 Pa. Code § 1005.12 (relating to content of formal complaints); and 52 Pa. Code § 1019.13 (relating to minimum number of medallion taxicab affiliations).
§ 1005.12. Content of formal complaints.
(a) Except as permitted under § 1005.13 (relating to citation complaints by the Authority), a formal complaint must set forth the following:
(1) The name, mailing address, telephone number, telefacsimile number and electronic mailing address, if applicable, of the complainant.
(2) If the complainant is represented by an attorney, the name, mailing address, telephone number, telefacsimile number and Pennsylvania Supreme Court identification number of the attorney and, if available, the electronic mailing address.
(3) The name, mailing address and certificate or license number of the respondent complained against, if known, and the nature and character of its business.
(4) The interest of the complainant in the subject matter—for example, customer, competitor, and the like.
(5) A clear and concise statement of the act or omission being complained of including the result of any informal complaint or informal investigation.
(6) A clear and concise statement of the relief sought, provided that penalties entered in a proceeding initiated as provided in § 1005.11(a)(4) (relating to formal complaints generally) will be consistent with § 1001.61 (relating to penalties).
(7) Except for a document referenced within § 1005.11(b), a document or the material part thereof, or a copy must be attached when a claim is based upon the document, the material part thereof, or a copy. If the document, the material part thereof, or a copy is not accessible, the complaint must set forth that the document, the material part thereof, or the copy is not accessible and the reason, and set forth the substance of the document or material part thereof.
(b) A verification executed in accordance with § 1001.36 (relating to verification and affidavit) must be attached to the formal complaint.
(c) The complaint must reference the act, the regulation or order and quote the pertinent portions thereof.
(d) Subsections (a)—(c) supersede 1 Pa. Code § § 35.9, 35.10 and 35.14 (relating to formal complaints generally; form and content of formal complaints; and orders to show cause).
Cross References This section cited in 52 Pa. Code § 1003.41 (relating to form and content of informal complaints).
§ 1005.13. Citation complaints by the Authority.
(a) Citations. The Enforcement Department or trial counsel may issue a formal complaint through a form citation for any violation of the act, this part or order of the Authority. The form citation will be filed with the Clerk and include the following relevant information, unless the circumstances of the violation render the information impracticable to obtain at the time of filing:
(1) A unique citation number.
(2) The Authority number issued to the certificate, driver’s certificate, registration or other right of the respondent.
(3) If the operation of a motor vehicle is at issue, the following information will be provided, if practicable:
(i) The driver’s name.
(ii) The driver’s home address.
(iii) The driver’s gender.
(iv) The driver’s birth date.
(v) The information required under paragraph (4).
(4) If the incident involves a motor vehicle, the following information will be provided, if practicable:
(i) The vehicle’s make.
(ii) The vehicle’s model.
(iii) The vehicle identification number.
(iv) The vehicle’s license plate number and state of issuance.
(v) The vehicle’s color.
(vi) The vehicle’s dispatcher.
(vii) The vehicle’s registered owner.
(viii) Designation of the vehicle’s impoundment, if applicable.
(ix) The vehicle’s insurer and the policy number.
(5) The location of the incident.
(6) The time and date of the incident.
(7) The meter number and type, if applicable.
(8) The section of the act, this part or an order of the Authority alleged to have been violated.
(9) The penalty sought for the violation.
(10) The date the citation was issued.
(11) The issuing officer’s name, signature and badge number.
(b) Answer to citations. No pleading response to a citation is necessary. Upon receipt of a citation the respondent shall do one of the following:
(1) Pay the penalty amount identified on the citation within 15 days after the date of service. Payment shall be made as provided in § § 1001.42 and 1001.43 (relating to mode of payment to the Authority; and Authority fee schedule).
(2) File a request with the Clerk for a hearing within 15 days after the date of service. A correctly filed request for hearing shall be deemed a denial of each averment made in the citation. Requests for hearings may be made by completing the applicable portion of the citation and serving it upon the Clerk or by appearing at TLD Headquarters and completing a hearing request form.
(c) Default orders.
(1) If payment of a citation is not made or a request for a hearing is not filed as provided in subsection (b), a default order will be issue by the Authority or a presiding officer sustaining the complaint and assessing the penalty, as proposed in the complaint, against the respondent.
(2) If a respondent fails to appear at a hearing requested under subsection (b), without good cause shown, the Authority or presiding officer, upon review of evidence of service of the Authority’s hearing notice upon the respondent, will issue a default order sustaining the complaint and assessing the fine, as proposed in the complaint, against the respondent.
(d) Hearing. Hearings conducted under this section will otherwise proceed under this subpart.
(e) Supersession. Subsections (a)—(d) supersede 1 Pa. Code § § 35.9, 35.10 and 35.14 (relating to formal complaints generally; form and content of formal complaints; and orders to show cause).
Cross References This section cited in 52 Pa. Code § 1003.32 (relating to out of service designation); 52 Pa. Code § 1003.74 (relating to enforcement department); 52 Pa. Code § 1005.12 (relating to content of formal complaints); 52 Pa. Code § 1005.113 (relating to failure to appear, proceed or maintain order in proceedings); 52 Pa. Code § 1017.52 (relating to impoundment of vehicles and equipment); and 52 Pa. Code § 1055.32 (relating to impoundment of vehicles and equipment).
§ 1005.14. Joinder of formal complaints.
(a) Two or more complainants may join in one complaint if they are complaining against the same respondent, and if the subject matter and relief sought is substantially the same.
(b) Subsection (a) supersedes 1 Pa. Code § 35.11 (relating to joinder of formal complaints).
§ 1005.15. Satisfaction of formal complaints.
(a) If the respondent satisfies a complaint either before or after a hearing, a statement to that effect signed by the complainant shall be filed with the Clerk setting forth that the complaint has been satisfied and requesting dismissal or withdrawal of the complaint. Except when requested by the parties, the Authority or presiding officer will not be required to render a final order upon the satisfaction of a complaint.
(b) Subsection (a) supersedes 1 Pa. Code § 35.41 (relating to satisfaction of complaints).
PETITIONS
§ 1005.21. Petitions generally.
(a) Petitions are pleadings that may be filed by the trial counsel, an Authority division, parties, applicants, certificate holders, registrants, drivers and other persons authorized by the Authority. Petitions shall be filed with the Clerk.
(b) Petitions must be in writing, state clearly and concisely the grounds for the petition, the interest of the petitioner in the subject matter, the facts and any legal argument relied upon and the relief sought and otherwise comply with § § 1001.31—1001.36.
(c) Petitions must conform to § 1001.6 (relating to filing generally) and be served on all persons directly affected.
(d) Subsection (a)—(c) supplement 1 Pa. Code § § 35.17 and 35.18 (relating to petitions generally; and petitions for issuance, amendment, waiver or deletion of regulations).
Cross References This section cited in 52 Pa. Code § 1001.112 (relating to notice of rulemaking proceedings); 52 Pa. Code § 1003.11 (relating to petitions for issuance of emergency orders); 52 Pa. Code § 1003.13 (relating to hearings following issuance of emergency orders); 52 Pa. Code § 1003.21 (relating to petitions for interim emergency orders); 52 Pa. Code § 1003.23 (relating to issuance of interim emergency orders); 52 Pa. Code § 1005.24 (relating to appeals from actions of the staff); 52 Pa. Code § 1011.4 (relating to annual assessments and renewal fees); and 52 Pa. Code § 1013.23 (relating to invalidation upon execution or seizure).
§ 1005.22. Petitions for declaratory orders.
(a) Petitions for the issuance of a declaratory order to terminate a controversy or remove uncertainty must:
(1) State clearly and concisely the controversy or uncertainty which is the subject of the petition.
(2) Cite the statutory provision or other authority involved.
(3) Include a complete statement of the facts and grounds prompting the petition.
(4) Include a full disclosure of the interest of the petitioner.
(b) The petitioner shall serve a copy of the petition on the Director, General Counsel, all persons directly affected and on other parties who petitioner believes will be affected by the petition. Service shall be evidenced with a certificate of service filed with the petition.
(c) Copies shall also be served in compliance with Authority direction.
(d) Subsections (a)—(c) supersede 1 Pa. Code § 35.19 (relating to petitions for declaratory orders).
§ 1005.23. Petitions for issuance, amendment, repeal or waiver of Authority regulations.
(a) A petition to the Authority for the issuance, amendment, waiver or repeal of a regulation shall be filed with the Clerk and set forth clearly and concisely the interest of the petitioner in the subject matter, the specific regulation, amendment, waiver or repeal requested, and cite by appropriate reference the statutory provision or other authority involved.
(b) A petition under this section must set forth the purpose of and the facts claimed to constitute the grounds requiring the regulation, amendment, waiver or repeal.
(c) In addition to other considerations, the relief sought in a petition under this section will not be granted if the Authority determines that the requested relief is inconsistent with the purposes of the act, will disrupt or harm taxicab or limousine operations in Philadelphia or will adversely affect the public interest.
(d) A copy of the petition shall be served on all persons directly affected by the petition, the Director, General Counsel, and as otherwise required by the Authority. Service shall be evidenced with a certificate of service filed with the petition.
(e) A petition for the issuance or amendment of a regulation must incorporate the proposed regulation or amendment.
(f) A petition for waiver of a regulation will initially be determined by the Director upon submission of documents. The Director’s decision is subject to appeal as provided in § 1005.24 (relating to appeals from actions of the staff).
(g) Subsections (a)—(f) supersede 1 Pa. Code § 35.18 (relating to petitions for issuance, amendment, waiver or deletion of regulations).
Cross References This section cited in 52 Pa. Code § 1001.7 (relating to amendment to rules); 52 Pa. Code § 1001.101 (relating to applications for waiver of formal requirements); 52 Pa. Code § 1017.4 (relating to age and mileage limitations); and 52 Pa. Code § 1055.3 (relating to limousine age and mileage parameters).
§ 1005.24. Appeals from actions of the staff.
(a) Actions taken by staff, other than a presiding officer, under the act, this part or an order of the Authority will be deemed to be the final action of the Authority unless appealed by petition to the Authority within 15 days after service of notice of the action, unless a different time period is specified in this subpart or in the act. This section does not apply to staff decisions related to informal complaints, which must be addressed as provided in § 1003.43 (relating to other initiation of formal complaints).
(b) An action taken by staff under delegated authority will note the parties’ right to appeal the action under this section.
(c) Petitions for appeal from actions of staff must be filed with the Clerk, served as provided in § 1001.52 (relating to service by a party) and will be assigned to a presiding officer for a recommended decision as provided in § § 1005.201—1005.204 (relating to recommended decisions).
(d) Petitions for appeal from actions of the staff must set forth any legal basis upon which the petition is based and aver any material factual disputes related to the staff action necessitating an on the record hearing and otherwise comply with § 1005.21 (relating to petitions generally).
(e) A party may file an answer to a petition for appeal with the Clerk within 20 days of service, and in default thereof, may be deemed to have waived objection to the granting of the petition. Answers shall be served upon all other parties as provide in § 1001.52.
(f) Subsections (a)—(e) supersede 1 Pa. Code § 35.20 (relating to appeals from actions of the staff).
Cross References This section cited in 52 Pa. Code § 1003.51 (relating to applications generally); 52 Pa. Code § 1005.23 (relating to petitions for issuance, amendment, repeal or waiver of Authority regulations); 52 Pa. Code § 1005.111 (relating to order of procedure); 52 Pa. Code § 1011.11 (relating to record retention); 52 Pa. Code § 1013.23 (relating to invalidation upon execution or seizure); 52 Pa. Code § 1051.10 (relating to record retention); and 52 Pa. Code § 1055.3 (relating to limousine age and mileage parameters).
INTERVENTION
§ 1005.31. Initiation of intervention.
(a) Participation in a proceeding as an intervenor may be initiated as follows:
(1) By the filing of a notice of intervention by another agency of the Commonwealth which is authorized by statute to participate in the proceeding.
(2) By order of the Authority or presiding officer upon grant of a petition to intervene.
(b) Subsection (a) supersedes 1 Pa. Code § 35.27 (relating to initiation of intervention).
Cross References This section cited in 52 Pa. Code § 1017.52 (relating to impoundment of vehicles and equipment); and 52 Pa. Code § 1055.32 (relating to impoundment of vehicles and equipment).
§ 1005.32. Eligibility to intervene.
(a) Persons. A petition to intervene may be filed by a person claiming a right to intervene or an interest of a nature that intervention is necessary or appropriate to the administration of the statute under which the proceeding is brought. The right or interest may be one of the following:
(1) A right conferred by statute of the United States or of the Commonwealth.
(2) An interest which may be directly affected and which is not adequately represented by existing participants, and as to which the petitioner may be bound by the action of the Authority in the proceeding.
(3) Another interest of a nature so that participation of the petitioner may be in the public interest.
(b) Commonwealth. The Commonwealth or an officer or agency thereof may intervene as of right in a proceeding subject to subsection (a).
(c) Supersession. Subsections (a) and (b) supersede 1 Pa. Code § 35.28 (relating to eligibility to intervene).
§ 1005.33. Form and content of petitions to intervene.
(a) Petitions to intervene must set out clearly and concisely the following:
(1) The facts from which the alleged intervention right or interest of the petitioner can be determined.
(2) The grounds of the proposed intervention.
(3) The petitioner’s position regarding the issues in the proceeding.
(b) When the circumstances warrant, petitions to intervene filed on behalf of more than one person may be required to list those persons and entities comprising the represented group.
(c) Subsections (a) and (b) supersede 1 Pa. Code § 35.29 (relating to form and contents of petitions to intervene).
§ 1005.34. Filing of petitions to intervene.
(a) Petitions to intervene and notices of intervention may be filed with the Clerk at any time following the filing of an application, petition, complaint or other document seeking Authority action, but in no event later than the date fixed for the filing of petitions to intervene or protests in any order or notice with respect to the proceedings published in the Pennsylvania Bulletin, unless, in extraordinary circumstances for good cause shown, the Authority or the presiding officer authorizes a late filing. When a person has been permitted to intervene notwithstanding his failure to file his petition within the time prescribed in this section, the Authority or presiding officer may, when the circumstances warrant, permit the waiver under § 1005.149 (relating to copies and form of documentary evidence) with respect to copies of exhibits for the intervener.
(b) Subsection (a) supersedes 1 Pa. Code § 35.30 (relating to filing of petitions to intervene).
§ 1005.35. Notice, service and action on petitions to intervene.
(a) Notice and service. Petitions to intervene, when filed with the Clerk, must show service thereof upon all parties to the proceeding in conformity with § 1001.52 (relating to service by a party).
(b) Action on petitions. As soon as practicable after the expiration of the time for filing answers to petitions as provided in § 1005.45 (relating to answers to petitions to intervene), the Authority or presiding officer will grant or deny the petition in whole or in part or may, if found to be appropriate, authorize limited participation.
(c) Rights upon grant of petition. Admission as an intervenor will not be construed as recognition by the Authority that the intervenor has a direct interest in the proceeding or might be aggrieved by an order of the Authority in the proceeding. Intervenors are granted no rights which survive discontinuance of a case.
(d) Actions on petitions filed after a hearing has commenced. Petitions to intervene may not be filed or acted upon during a hearing unless permitted by the Authority or presiding officer after opportunity for all parties to object thereto. Only to avoid detriment to the public interest will any presiding officer tentatively permit participation in a hearing in advance of, and then only subject to, the granting by the Authority of a petition to intervene.
(e) Supersession. Subsections (a)—(d) supersede 1 Pa. Code § 35.31 (relating to notice and action on petitions to intervene).
§ 1005.36. Limitation of participation in hearings.
(a) When there are two or more intervenors having substantially like interests and positions, the Authority or presiding officer may, to expedite the hearing, arrange appropriate limitations on the number of attorneys who will be permitted to cross-examine and make and argue motions and objections on behalf of the intervenors.
(b) Subsection (a) supersedes 1 Pa. Code § 35.32 (relating to limitation of participation in hearings).
ANSWERS
§ 1005.41. Answers to complaints, petitions, motions and other filings requiring a response.
(a) Time for filing. Unless a different time is prescribed by statute, the Authority or the presiding officer, answers to complaints, petitions, motions and other filings requiring a response shall be filed with the Clerk and served upon all other parties within 20 days after the date of service.
(b) Form of answer. Answers must be in writing and so drawn as fully and completely to advise the parties and the Authority as to the nature of the defense. Answers must admit or deny specifically and in detail each material allegation of the pleading answered, and state clearly and concisely the facts and matters of law relied upon. Answers must be set forth in paragraphs numbered to correspond with the pleading answered and otherwise comply with § § 1001.31—1001.36.
(c) Failure to file an answer. A respondent failing to file an answer within the applicable period may be deemed in default, and relevant facts stated in the pleadings may be deemed admitted.
(d) Supersession. Subsections (b)—(c) supersede 1 Pa. Code § § 35.35 and 35.37 (relating to answers to complaints and petitions; and answers to orders to show cause).
Cross References This section cited in 52 Pa. Code § 1003.21 (relating to petitions for interim emergency orders); 52 Pa. Code § 1003.32 (relating to out of service designation); 52 Pa. Code § 1017.52 (relating to impoundment of vehicles and equipment); and 52 Pa. Code § 1055.32 (relating to impoundment of vehicles and equipment).
§ 1005.42. Answers seeking affirmative relief or raising new matter.
(a) Answers seeking affirmative relief. In its answer, a respondent may seek relief within the jurisdiction of the Authority against other parties in a proceeding if common questions of law or fact are present. The answer must conform to this chapter for answers generally and set forth:
(1) The facts constituting the grounds of complaint.
(2) The provisions of the statutes, rules, regulations or orders relied upon.
(3) The injury complained of.
(4) The relief sought.
(b) Answers raising new matter. An affirmative defense shall be pleaded in an answer or other responsive pleading under the heading of ‘‘New Matter.’’ A party may set forth as new matter another material fact which is not merely a denial of the averments of the preceding pleading.
(c) Supersession. Subsections (a) and (b) supersede 1 Pa. Code § 35.38 (relating to respondents seeking affirmative relief).
§ 1005.43. Replies to answers seeking affirmative relief or new matter.
(a) Unless otherwise ordered by the Authority, replies to answers seeking affirmative relief or to new matter shall be filed with the Clerk and served within 20 days after date of service of the answer, but not later than 5 days prior to the date set for the commencement of the hearing.
(b) Failure to file a timely reply to new matter may be deemed in default, and relevant facts stated in the new matter may be deemed to be admitted.
(c) Subsections (a) and (b) supersede 1 Pa. Code § 35.39 (relating to replies to respondents seeking affirmative relief).
§ 1005.44. Answers to amendments of pleadings.
(a) An answer to an amendment, modification or supplement to an application, complaint, petition or other pleading under § 1005.61 (relating to amendments of pleadings generally) shall be filed with the Clerk within 20 days after the date of service of the amendment, modification or supplement, unless for cause the Authority or presiding officer with or without motion prescribes a different time.
(b) Subsection (a) supersedes 1 Pa. Code § 35.40 (relating to answers to amendments of pleadings).
§ 1005.45. Answers to petitions to intervene.
(a) A party may file an answer to a petition to intervene within 20 days of service and, in default thereof, may be deemed to have waived objection to the granting of the petition. Answers shall be served upon all other parties.
(b) Subsection (a) supersedes 1 Pa. Code § 35.36 (relating to answers to petitions to intervene).
Cross References This section cited in 52 Pa. Code § 1005.35 (relating to notice, service and action on petitions to intervene).
CONSOLIDATION
§ 1005.51. Consolidation.
(a) The Authority or presiding officer, with or without motion, may order proceedings involving a common question of law or fact to be consolidated. The Authority or presiding officer may make orders concerning the conduct of the proceeding as may avoid unnecessary costs or delay.
(b) Subsection (a) supersedes 1 Pa. Code § § 35.45 and 35.122 (relating to consolidation; and consolidation of formal proceedings).
AMENDMENT AND WITHDRAWAL OF PLEADINGS
§ 1005.61. Amendments of pleadings generally.
(a) Generally. A modification of or supplement to an application, complaint, petition or other pleading shall be deemed as an amendment to the pleading, and must comply with the requirements in this chapter relating to the pleading amended.
(b) Limitation. An amendment to a pleading may not be filed more than 20 days after the date an answer or other response to the original pleading was due to be filed with the Clerk, unless directed or permitted by the Authority or the presiding officer after opportunity for all parties to be heard thereon.
(c) Supersession. Subsections (a) and (b) supersede 1 Pa. Code § 35.48 (relating to amendments of pleadings generally).
Cross References This section cited in 52 Pa. Code § 1005.44 (relating to answers to amendments of pleadings).
§ 1005.62. Amendments to conform to the evidence.
(a) Amendment by consent. When the parties introduce issues at a hearing not raised in the pleadings without objection of any party, the issues shall be treated in all respects as if they had been raised in the pleadings.
(b) Amendment following objection. If evidence upon new issues is objected to on the ground that it is not within the issues raised by the pleadings, the Authority or the presiding officer may allow the pleadings to be amended and the evidence to be received, when it appears that the presentation of the merits of the proceedings will be served thereby without prejudicing the public interest, the rights of a party and that the omission of the amended information was not calculated to delay the proceedings.
(c) Continuance following objection. A continuance may be granted by the Authority or the presiding officer under § 1001.15 (relating to extensions of time and continuances) when necessary to allow the objecting party to address new issues and evidence.
(d) Notice of amendment. If an amendment adopted under this section has the effect of broadening the issues in the proceeding, notice of the amendment shall be given in the same manner as notice was given at the commencement of the proceeding and to the same persons who received the notice.
(e) Supersession. Subsections (a)—(d) supersede 1 Pa. Code § 35.49 (relating to amendments to conform to the evidence).
§ 1005.63. Directed amendments.
(a) The Authority may at any time, or during a hearing, presiding officers may on their own motion or the motion of a party, direct parties to state their case more fully or in more detail by way of amendment. The amendment shall be reduced to writing and filed within the time fixed by the Authority or the presiding officer.
(b) Subsection (a) supersedes 1 Pa. Code § 35.50 (relating to directed amendments).
§ 1005.64. Withdrawal of pleadings in a contested proceeding.
(a) Except as provided in subsections (b) and (c), a party desiring to withdraw a pleading in a contested proceeding may file a petition for leave to withdraw the appropriate document with the Authority or presiding officer and serve it upon the other parties. The petition must set forth the reasons for the withdrawal. A party may object to the petition within 20 days of service. After considering the petition, an objection thereto and the public interest, the Authority or presiding officer will determine whether the withdrawal will be permitted.
(b) In an enforcement proceeding initiated by the Authority, trial counsel may withdraw any pleading upon notice to the respondent to be provided under § 1001.51 (relating to service by the Authority).
(c) A protest to an application may be withdrawn by filing a notice of withdrawal directed to the Authority or the presiding officer. The notice must state that the protest is withdrawn and provide the reasons for the withdrawal.
(d) Withdrawal or termination of an uncontested proceeding is governed under § 1001.82 (relating to withdrawal or termination of uncontested matter or proceeding).
(e) Subsections (a)—(d) supersede 1 Pa. Code § 35.51 (relating to withdrawal of pleadings).
Cross References This section cited in 52 Pa. Code § 1001.82 (relating to withdrawal or termination of uncontested matter or proceeding).
MOTIONS
§ 1005.71. Motions.
(a) Scope and content. A request may be made by motion for relief desired, except as may be otherwise expressly provided in this subpart. A motion must set forth the ruling or relief sought, and state the grounds therefore and the statutory or other authority upon which it relies.
(b) Presentation of motions. A motion may be made in writing at any time, and a motion made during a hearing may be stated orally upon the record, or the presiding officer may require that an oral motion be reduced to writing and filed separately. Written motions must contain a notice which states that a responsive pleading shall be filed within 20 days of the date of service of the motion.
(c) Response to motions. A party has 20 days from the date of service within which to answer or object to a motion, unless the period of time is otherwise fixed by the Authority or the presiding officer.
(d) Rulings on motions.
(1) The Authority or presiding officer will rule upon motions when an immediate ruling is essential in order to proceed with the hearing.
(2) A motion made during the course of hearing, which if granted would otherwise dispose of parties’ rights, should be acted upon by the presiding officer prior to taking further testimony if, in the opinion of the presiding officer, the action is warranted.
(3) If a motion involves a question of jurisdiction, the establishment of a prima facie case or standing, the presiding officer may render a final determination with regard to a motion prior to the termination of hearings by issuing an initial or recommended decision.
(e) Preliminary motions.
(1) Preliminary motions are available to parties and may be filed in response to a pleading, except the following:
(i) Motions.
(ii) Answers to motions.
(2) Preliminary motions must state specifically the legal and factual grounds relied upon and be limited to the following:
(i) Lack of Authority jurisdiction or improper service of the pleading initiating the proceeding.
(ii) Failure of a pleading to conform to this chapter or the inclusion of scandalous or impertinent matter.
(iii) Insufficient specificity of a pleading.
(iv) Legal insufficiency of a pleading.
(v) Lack of capacity to sue or nonjoinder of a necessary party.
(vi) Pendency of a prior proceeding or agreement for alternative dispute resolution.
(f) Supersession. Subsection (a) supersedes 1 Pa. Code § 35.177 (relating to scope and contents of motions). Subsection (b) supersedes 1 Pa. Code § 35.178 (relating to presentation of motions). Subsection (c) supersedes 1 Pa. Code § 35.179 (relating to objections to motions). Subsection (d) supersedes 1 Pa. Code § 35.180 (relating to action on motions). Subsection (e) supersedes 1 Pa. Code § § 35.54 and 35.55 (relating to motions as to complaints; and motions as to answer).
Cross References This section cited in 52 Pa. Code § 1005.243 (relating to certification of interlocutory orders).
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