Subchapter A. PRELIMINARY PROVISIONS

Rule

899.101.    Title and citation of rules.
899.102.    Scope of rules.
899.103.    Definitions.
899.104.    Principles of interpretation.
899.105.    [Reserved].
899.106.    Representation by counsel.
899.107.    Entry of appearance.
899.108.    Service of legal papers.
899.109.    Copy fees.

Rule 899.101. Title and citation of rules.

 This chapter shall be known as the Board of Claims Rules of Procedure and may be cited as BOC R.P.

Rule 899.102. Scope of rules.

 (a)  This chapter and the Pennsylvania Rules of Civil Procedure (Pa.R.C.P.) govern all matters before the Board. If a discrepancy between this chapter and the Pa.R.C.P. arises, this chapter applies.

 (b)  When circumstances arise in individual cases when the application of any Board rule is impractical or inequitable, the Board, on its own motion or upon the request of a party and after notice to the parties, may prescribe other procedures as may be required by the circumstances in the particular case.

Rule 899.103. Definitions.

 In addition to the definitions in Pa.R.C.P. No. 76, the following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   Board—The Board of Claims of the Commonwealth.

   Claim—The statement of facts filed by a contractor or Commonwealth agency stating the grounds upon which the contractor or Commonwealth agency asserts a controversy exists.

   Rule—A rule adopted by the Board.

Authority

   The provisions of this Rule 899.103 amended under the Commonwealth Procurement Code, 62 Pa.C.S. §  1722(6); and sections 504(a) and 1307 of the Right-to-Know Law (65 P. S. § §  67.504(a) and 67.1307).

Source

   The provisions of this Rule 899.103 amended May 15, 2015, effective May 16, 2015, 45 Pa.B. 2359. Immediately preceding text appears at serial page (279297).

Rule 899.104. Principles of interpretation.

 The principles of interpretation and rules of construction embodied in Pa.R.C.P. Nos. 101—153 apply to this chapter.

Rule 899.105. [Reserved].

Authority

   The provisions of this Rule 899.105 reserved under the Commonwealth Procurement Code, 62 Pa.C.S. §  1722(6); and sections 504(a) and 1307 of the Right-to-Know Law (65 P. S. § §  67.504(a) and 67.1307).

Source

   The provisions of this Rule 899.105 reserved May 15, 2015, effective May 16, 2015, 45 Pa.B. 2359. Immediately preceding text appears at serial page (279297).

Rule 899.106. Representation by counsel.

 (a)  A person may be represented before the Board by an attorney who is admitted to practice and is in good standing before the Supreme Court of Pennsylvania.

 (b)  Parties represented by counsel not admitted to practice in this Commonwealth shall associate counsel qualified under subsection (a).

Rule 899.107. Entry of appearance.

 When counsel for plaintiff files a claim and counsel for defendant files a response, their appearances are deemed entered before the Board. Thereafter, a counsel’s appearance for a party may not be withdrawn without leave of the Chief Administrative Judge, unless another lawyer has previously entered or simultaneously enters an appearance for the party.

Rule 899.108. Service of legal papers.

 Pleadings and other documents filed with the Board shall be served by the filing party upon all other parties to the action by mail. A certificate of service shall be attached to all filings with the Board.

Authority

   The provisions of this Rule 899.108 amended under the Commonwealth Procurement Code, 62 Pa.C.S. §  1722(6); and sections 504(a) and 1307 of the Right-to-Know Law (65 P. S. § §  67.504(a) and 67.1307).

Source

   The provisions of this Rule 899.108 amended May 15, 2015, effective May 16, 2015, 45 Pa.B. 2359. Immediately preceding text appears at serial page (279298).

Rule 899.109. Copy fees.

 Charges for copying, certifying or otherwise producing documents requested from the Board will be as established by the Board in its Right-to-Know Law Policy which is posted at the Board’s office and on its web site in accordance with the Right-to-Know Law (65 P. S. § §  67.101—67.3104).

Authority

   The provisions of this Rule 899.109 amended under the Commonwealth Procurement Code, 62 Pa.C.S. §  1722(6); and sections 504(a) and 1307 of the Right-to-Know Law (65 P. S. § §  67.504(a) and 67.1307).

Source

   The provisions of this Rule 899.109 amended May 15, 2015, effective May 16, 2015, 45 Pa.B. 2359. Immediately preceding text appears at serial page (279298).

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