§ 493a.9. Preliminary motions.

 (a)  A preliminary motion may be filed by a party. The preliminary motion must state the specific grounds relied upon, and be limited to the following:

   (1)  A motion questioning the jurisdiction of the Board or the presiding officer.

   (2)  A motion to strike a pleading that is insufficient as to form.

   (3)  A motion for a more specific pleading.

 (b)  Except when a motion for a more specific pleading is filed, an answer to a preliminary motion may be filed within the time period prescribed for answers to complaints, petitions and motions. All preliminary motions filed by a party shall be raised at the same time.

 (c)  If a motion for more specific pleading is filed, an answer may not be filed until further directed by the Board or presiding officer.

 (d)  A preliminary motion will be decided by the Board or presiding officer within 30 days of the filing of the preliminary motion.

 (e)  If a preliminary motion to strike is granted, the party who submitted the stricken pleading may file an amended pleading within 10 days of service of the order granting the motion to strike.

 (f)  This section supersedes 1 Pa. Code § §  35.177—35.180 (relating to motions).

Authority

   The provisions of this §  493a.9 amended under 4 Pa.C.S. § §  1202(b)(30) and 1207(2) and (9).

Source

   The provisions of this §  493a.9 amended February 1, 2013, effective February 2, 2013, 43 Pa.B. 660. Immediately preceding text appears at serial page (362154).

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