PREHEARING PROCEDURES AND PREHEARING CONFERENCES
§ 41.101. Prehearing procedure in certain provider appeals.
(a) Upon the filing of a request for hearing, the Bureau will issue a prehearing order specifying the following:
(1) The parties shall make disclosures in accordance with § § 41.111—41.117.
(2) Discovery requests must be served within 90 days of the date of the prehearing order and discovery must be concluded within 120 days of the date of the prehearing order.
(3) Motions to compel discovery shall be filed within 30 days of the close of discovery.
(4) Other miscellaneous prehearing motions, including motions in limine, shall be filed within 60 days of the date of filing of the program office’s position paper.
(5) Dispositive motions shall be filed within 60 days of the date of the filing of the program office’s position paper.
(b) The parties may, within 30 days of the date of the prehearing order, submit a joint proposed case management order to the Bureau that proposes alternative dates for completion of the matters specified in subsection (a), or that agrees to discovery beyond the limitations set forth in § 41.120 (relating to limitations on scope of discovery).
(c) The Bureau may issue subsequent prehearing orders incorporating the alternate dates and discovery limitations proposed by the parties or specifying other dates and discovery limitations that the Bureau deems appropriate, except that the Bureau will not establish dates or impose limitations that are more restrictive than the dates or limitations otherwise provided for in this chapter without the agreement of each party to the appeal.
(d) Subsections (a)—(c) supersede 1 Pa. Code § 35.111 (relating to conferences to adjust, settle or expedite proceedings).
Cross References This section cited in 55 Pa. Code § 41.92 (relating to expedited disposition procedure for certain appeals).
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