Subchapter A. GENERAL REQUIREMENTS
FILINGS GENERALLY Sec.
33.1. Title.
33.2. Form.
33.3. Incorporation by reference.
33.4. Single pleading or submittal covering more than one matter.
EXECUTION AND VERIFICATION
33.11. Execution.
33.12. Verification.
COPIES
33.15. Number of copies.
FEES
33.21. Filing fees.
33.22. Mode of payment of fees.
33.23. Copy fees.
FILINGS GENERALLY
§ 33.1. Title.
Pleadings, submittals or other documents filed with an agency in any proceeding shall clearly show the file number or similar identifying symbols, if any, and title of the proceeding before the agency. They shall also show, in the title of the particular pleading, submittal or other document filed, the name of the person in whose behalf the filing is made. If more than one person is involved, a single name only need be included in the title.
Cross References This section cited in 16 Pa. Code § 42.12 (relating to caption); 34 Pa. Code § 111.11 (relating to content and form); 34 Pa. Code § 111.32 (relating to form/content); 34 Pa. Code § 131.21 (relating to identifying number); 34 Pa. Code § 131.31 (relating to form of pleadings); 52 Pa. Code § 1.31 (relating to requirements for documentary filings); 52 Pa. Code § 1001.31 (relating to requirements for documentary filings); 55 Pa. Code § 41.11 (relating to title of document); 61 Pa. Code § 703.2 (relating to petition content); and 61 Pa. Code § 703.5 (relating to other submissions).
§ 33.2. Form.
(a) Typewritten. Pleadings, submittals or other documents filed in proceedings, if not printed, shall be typewritten on paper cut or folded to letter size, 8 to 8 1/2 inches wide by 10 1/2 to 11 inches long, with left-hand margin not less than 1 1/2 inches wide and other margins not less than 1 inch. The impression shall be on only one side of the paper, unless there are more than four pages, and shall be double spaced, except that quotations in excess of a few lines shall be single spaced and indented. Mimeographed, multigraphed, hectographed or planographed copies will be accepted as typewritten, provided all copies are clearly legible.
(b) Printed. Printed documents may not be less than 10-point type on unglazed paper, cut or folded so as not to exceed 8 1/2 inches wide by 11 inches long, with inside margin not less than 1 inch wide, and with double-leaded text and single-leaded, indented quotations.
(c) Binding. Pleadings, submittals, and other documents, other than correspondence, shall be bound at the left side only.
Cross References This section cited in 4 Pa. Code § 110.5 (relating to form of documents); 12 Pa. Code § 11.6 (relating to filings); 12 Pa. Code § 11.7 (relating to complaints); 19 Pa. Code § 13.5 (relating to form); 34 Pa. Code § 111.11 (relating to content and form); 34 Pa. Code § 111.32 (relating to form/content); 34 Pa. Code § 131.31 (relating to form of pleadings); 37 Pa. Code § 171.12 (relating to form of papers filed); 37 Pa. Code § 197.11 (relating to size and form of documents); 52 Pa. Code § 1.32 (relating to filing specifications); 52 Pa. Code § 1001.32 (relating to filing specifications); 55 Pa. Code § 41.12 (relating to form); 58 Pa. Code § 495a.2 (relating to form of documents); 61 Pa. Code § 703.2 (relating to petition content); and 61 Pa. Code § 703.5 (relating to other submissions).
§ 33.3. Incorporation by reference.
(a) Except as otherwise provided in subsection (b), any documents on file with an agency may be incorporated by reference into a subsequently filed pleading, submittal, or other document. A document may be so incorporated only by reference to the specific document and to the prior filing in which it was physically filed, not to another document which incorporates it by reference.
(b) No document which has been on file with any agency for a period of more than 10 years may be incorporated by reference in a current document unless the person filing the current document first makes inquiry to the office of the agency and ascertains that the earlier document continues to be readily available in the active records of the agency.
Cross References This section cited in 16 Pa. Code § 42.1 (relating to applicability of general rules); 19 Pa. Code § 13.6 (relating to incorporation by reference); 34 Pa. Code § 111.11 (relating to content and form); 34 Pa. Code § 111.32 (relating to form/content); 34 Pa. Code § 131.31 (relating to form of pleadings); 52 Pa. Code § 1001.33 (relating to incorporation by reference); 55 Pa. Code § 41.13 (relating to incorporation by reference); 58 Pa. Code § 495a.1 (relating to form of documentary filings generally); 61 Pa. Code § 703.2 (relating to petition content); and 61 Pa. Code § 703.5 (relating to other submissions).
§ 33.4. Single pleading or submittal covering more than one matter.
Except as otherwise provided by this part, a single pleading or submittal may be accepted for filing with respect to a particular transaction and one or more related transactions. The acceptance for filing may not affect the computation of fees under § 33.21 (relating to filing fees).
Cross References This section cited in 12 Pa. Code § 11.6 (relating to filings); 16 Pa. Code § 42.1 (relating to applicability of general rules); 19 Pa. Code § 13.7 (relating to single submittal covering more than one matter); 34 Pa. Code § 111.11 (relating to content and form); 34 Pa. Code § 111.32 (relating to form/content); 34 Pa. Code § 131.31 (relating to form of pleadings); 52 Pa. Code § 1.34 (relating to single pleading or submittal covering more than one matter); 52 Pa. Code § 1001.34 (relating to single pleading or submittal covering more than one matter); 58 Pa. Code § 495a.3 (relating to single pleading covering more than one matter); 61 Pa. Code § 703.2 (relating to petition content); and 61 Pa. Code § 703.5 (relating to other submissions).
EXECUTION AND VERIFICATION
§ 33.11. Execution.
(a) Signature. Except as may be otherwise ordered or requested by an agency, the original copy of each pleading, submittal or other document shall be signed in ink by the party in interest, or by his or its attorney, as required by subsection (b), and shall show the office and post office address of the party or attorney. Other copies filed shall be fully conformed thereto.
(b) Subscription.
(1) Pleadings, submittals and other documents filed with an agency shall be subscribed:
(i) By the person filing the documents, and severally if there is more than one person so filing;
(ii) By an officer thereof if it is a corporation, trust, association or other organized group;
(iii) By an officer or employe thereof if it is another agency or a political subdivision, or other governmental authority, agency or instrumentality; or
(iv) By an attorney having authority with respect thereto.
(2) Documents filed by a corporation, trust, association or other organized group, may be required to be supplemented by appropriate evidence of the authority of the officer or attorney subscribing the documents.
(c) Effect. The signature of the person subscribing a document filed with an agency constitutes a certificate by the individual that he has read the document being subscribed and filed, and knows the contents thereof; that if executed in a representative capacity, the document has been subscribed and executed in the capacity specified upon the document with full power and authority so to do; that the contents are true as stated, except as to matters and things, if any, stated on information and belief, and that as to those matters and things, he believes them to be true.
Cross References This section cited in 16 Pa. Code § 42.45 (relating to answers to interrogations); 19 Pa. Code § 13.8 (relating to execution); 25 Pa. Code § 1021.91 (relating to general); 28 Pa. Code § 1230a.23 (relating to docket); 34 Pa. Code § 111.11 (relating to content and form); 34 Pa. Code § 111.32 (relating to form/content); 34 Pa. Code § 131.31 (relating to form of pleadings); 52 Pa. Code § 1.35 (relating to execution); 52 Pa. Code § 1001.35 (relating to execution); 58 Pa. Code § 495a.4 (relating to execution of documents); and 61 Pa. Code § 703.5 (relating to other submissions).
§ 33.12. Verification.
Except as otherwise required by statute, it may not be necessary to verify under oath a pleading, submittal or other document filed with an agency; but any individual who shall execute a pleading, submittal or other document knowing that it contains a false statement and who shall cause it to be filed in an agency shall be considered to have committed a misdemeanor of the second degree in violation of 18 Pa.C.S. § 4904(a) (relating to unsworn falsification to authorities).
Source The provisions of this § 33.12 amended May 18, 1973, 3 Pa.B. 924. Immediately preceding text appears at serial page (10497).
Cross References This section cited in 7 Pa. Code § 179.106 (relating to verification); 25 Pa. Code § 1021.92 (relating to procedural motions); 25 Pa. Code § 1021.93 (relating to discovery motions); 25 Pa. Code § 1021.95 (relating to miscellaneous motions); 34 Pa. Code § 111.11 (relating to content and form); 34 Pa. Code § 111.32 (relating to form/content); 34 Pa. Code § 131.31 (relating to form of pleadings); 37 Pa. Code § 197.12 (relating to verification); 37 Pa. Code § 197.90 (relating to procedure at hearing); 52 Pa. Code § 1.36 (relating to verification); 52 Pa. Code § 1001.36 (relating to verification and affidavit); 55 Pa. Code § 41.14 (relating to verification); 58 Pa. Code § 495a.5 (relating to verification); and 61 Pa. Code § 703.5 (relating to other submissions).
COPIES
§ 33.15. Number of copies.
Except as may be otherwise provided by statute or ordered or requested by an agency, and except as provided by § § 35.193 and 35.212(d) (relating to filing and service of briefs; and content and form of briefs on exceptions), at the time pleadings, submittals or documents other than correspondence are filed with the agency, there shall be furnished to the agency an original and two conformed copies of the papers, including exhibits, if any.
Cross References This section cited in 4 Pa. Code § 110.2 (relating to exhibits); 7 Pa. Code § 1.24 (relating to specifications for equipment and sanitation prior to granting inspection); 12 Pa. Code § 11.6 (relating to filings); 16 Pa. Code § 42.13 (relating to number of copies); 19 Pa. Code § 13.9 (relating to number of copies); 25 Pa. Code § 1.5 (relating to procedures); 34 Pa. Code § 111.12 (relating to filing, service and proof of service); 34 Pa. Code § 111.14 (relating to motions to quash); 34 Pa. Code § 111.22 (relating to filing); 34 Pa. Code § 111.23 (relating to answers); 34 Pa. Code § 111.32 (relating to form/content); 34 Pa. Code § 111.33 (relating to specific petitions/requirements); 34 Pa. Code § 111.34 (relating to answers to petitions); 34 Pa. Code § 131.32 (relating to petitions except petitions for joinder and challenge proceedings); 34 Pa. Code § 131.33 (relating to answers except answers to petitions for joinder and challenge proceedings); 37 Pa. Code § 197.4 (relating to filings); 40 Pa. Code § 17.7 (relating to exhibits); 52 Pa. Code § 1.37 (relating to number of copies); 52 Pa. Code § 1001.37 (relating to number of copies to be filed); 55 Pa. Code § 41.15 (relating to copies of documents); 58 Pa. Code § 495a.6 (relating to number of copies); 61 Pa. Code § 703.5 (relating to other submissions); and 67 Pa. Code § 491.7 (relating to filing requirements).
FEES
§ 33.21. Filing fees.
(a) A pleading, submittal or other document for which a filing fee is required to be charged shall be received, but may not be deemed to be filed, until the filing fee required by statute or regulation has been paid.
(b) If the regulations of the agency do not set forth the specific fee payable with respect to the filing of a pleading, submittal or other document, the document may be deposited without tender of the required fee. The agency will forthwith notify the person who deposited the filing of the proper amount of the fee. If the required fee is paid within 15 days of the mailing of the notice, the office of the agency will file the document as of the day the document was originally deposited. This subsection is applicable notwithstanding the fact that the amount of the required fee is fixed by or determinable from a statutory provision.
Cross References This section cited in 1 Pa. Code § 33.4 (relating to single pleading or submittal covering more than one matter); 12 Pa. Code § 11.6 (relating to filings); 19 Pa. Code § 3.1 (relating to filing fees required); 19 Pa. Code § 3.2 (relating to date of deposit as filing date); 52 Pa. Code § 1.41 (relating to filing fees); 52 Pa. Code § 1.43 (relating to schedule of fees payable to the Commission); 52 Pa. Code § 1001.41 (relating to filing fees); 52 Pa. Code § 1001.43 (relating to Authority fee schedule); 55 Pa. Code § 41.15 (relating to copies of documents); 58 Pa. Code § 51.25 (relating to demand for or waiver of hearing); 61 Pa. Code § 703.5 (relating to other submissions); and 67 Pa. Code § 491.5 (relating to filing fee).
§ 33.22. Mode of payment of fees.
Fees shall be paid by money order, certified check or bank cashier’s check made payable to the Commonwealth of Pennsylvania. Personal checks are not acceptable unless the drawer has established credit with the agency. Cash is sent at the risk of the sender.
Cross References This section cited in 12 Pa. Code § 11.6 (relating to filings); 19 Pa. Code § 3.3 (relating to mode of payment of fees); 34 Pa. Code § 111.32 (relating to form/content); 34 Pa. Code § 131.32 (relating to petitions except petitions for joinder and challenge proceedings); 40 Pa. Code § 15.24 (relating to fees); 52 Pa. Code § 1.42 (relating to mode of payment of fees); 52 Pa. Code § 1001.42 (relating to mode of payment to the Authority); 55 Pa. Code § 41.15 (relating to copies of documents); 58 Pa. Code § 51.25 (relating to demand for or waiver of hearing); and 61 Pa. Code § 703.5 (relating to other submissions).
§ 33.23. Copy fees.
(a) Uncertified copies of documents filed in an agency shall be furnished at a charge of 25¢ per page. Certified copies of documents filed in an agency shall be furnished at a charge of $1 per page.
(b) Fees for copies of documents shall be paid in advance. The agency on request shall advise the cost of preparing a copy of a particular paper.
Cross References This section cited in 19 Pa. Code § 3.21 (relating to copy fees); 34 Pa. Code § 111.32 (relating to form/content); 34 Pa. Code § 131.32 (relating to petitions except petitions for joinder and challenge proceedings); 52 Pa. Code § 1.43 (relating to schedule of fees payable to the Commission); 52 Pa. Code § 1001.43 (relating to Authority fee schedule); 55 Pa. Code § 41.15 (relating to copies of documents); and 61 Pa. Code § 703.5 (relating to other submissions).
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