§ 491.12. Exceptions.

 (a)  Filing. A party desiring to appeal to the Secretary may file exceptions to the proposed report within 30 days after the mailing date of the proposed report by the docket clerk.

 (b)  Reply. A party may file a reply to the exceptions filed by another party within 20 days of the filing date of exceptions filed by another party.

 (c)  Record. When timely exceptions are filed, the docket clerk will forward the following to the Secretary:

   (1)  The proposed report.

   (2)  The exceptions filed and replies thereto.

   (3)  The record in the case.

   (4)  A proposed order to grant or deny the exceptions, that is prepared for the Secretary’s signature.

 (d)  Waiver. If no party files exceptions to the proposed report within the time prescribed in subsection (a), those persons shall be deemed to have irrevocably waived objections to the proposed report, and the proposed report will be deemed approved by the Secretary.

 (e)  Supplementation. This section supplements 1 Pa. Code § §  35.211—35.214 (relating to exceptions to proposed reports).

Authority

   The provisions of this §  491.12 issued under the Administrative Agency Law, 2 Pa.C.S. § §  501—508 and 701—704.

Source

   The provisions of this §  491.12 adopted December 20, 1991, effective December 21, 1991, 21 Pa.B. 5825; amended July 27, 2001, effective July 28, 2001, 31 Pa.B. 4089. Immediately preceding text appears at serial page (261441).

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