GENERAL
§ 35.101. Waiver of hearing.
In any proceeding in which an agency is authorized to act after opportunity for hearing, if the participants waive hearing, such opportunity shall be deemed to have been afforded by publication in the Pennsylvania Bulletin of notice of the application or other initial pleading, request, or other filing, such notice fixing a reasonable period of time within which any person desiring to be heard may file a petition to intervene and a request for a hearing. Upon the expiration of such period of time, in the absence of a request for hearing, the agency may forthwith dispose of the matter upon the basis of the pleadings or submittals and the studies and recommendations of the staff. A party not requesting oral hearing in its pleadings shall be deemed to have waived a hearing for the purpose of such disposition, but shall not be bound by such waiver for the purposes of any application for reopening, rehearing or reconsideration with respect to an order so entered.
Cross References This section cited in 7 Pa. Code § 131.32 (relating to hearings); 7 Pa. Code § 175.8 (relating to waiver of hearings); 7 Pa. Code § 177.8 (relating to waiver of hearings); 7 Pa. Code § 179.57 (relating to waiver of hearing); 7 Pa. Code § 179.103 (relating to waiver of oral hearing); 12 Pa. Code § 11.12 (relating to hearings); 22 Pa. Code § 351.1 (relating to purpose and scope); 25 Pa. Code § 1021.112 (relating to waiver of hearings); 34 Pa. Code § 131.53a (relating to consolidated hearing procedure); 34 Pa. Code § 131.57 (relating to compromise and release agreements); 34 Pa. Code § 131.203 (relating to hearing procedures); 49 Pa. Code § 31.103 (relating to applicability of other laws and rules); 49 Pa. Code § 31.115 (relating to disciplinary sanctions); 52 Pa. Code § 5.201 (relating to notice of proceeding; hearing; waiver of hearing); 52 Pa. Code § 1005.81 (relating to notice of proceeding; hearing; waiver of hearing); 55 Pa. Code § 41.91 (relating to waiver of hearings); 58 Pa. Code § 491a.8 (relating to hearings generally); and 61 Pa. Code § 703.31 (relating to disposition of petitions).
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