§ 35.178. Presentation of motions.
Motions may be made in writing at any time and motions made during hearings may be stated orally upon the record, or the presiding officer may require that such oral motions be reduced to writing and filed separately.
Notes of Decisions Jurisdiction; Motion to Dismiss
Although a motion can be made ‘‘in writing at any time,’’ a Motion to Dismiss for lack of jurisdiction is improper where the Charter School Appeal Board properly retained jurisdiction of an appeal even after the District Board acted on a charter application after the expiration of the statutory time period. Philadelphia School District v. Independence Charter School, 774 A.2d 798 (Pa. Cmwlth. 2001); appeal denied 797 A.2d 412 (Pa. Cmwlth. 2002).
Cross References This section cited in 4 Pa. Code § 89.30 (relating to motions); 12 Pa. Code § 11.11 (relating to motions); 25 Pa. Code § 1021.91 (relating to general); 34 Pa. Code § 95.91 (relating to hearings); 34 Pa. Code § 131.53b (relating to bifurcation and motions for disposition of a petition); 37 Pa. Code § 197.11a (relating to motions and petitions); 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 § 5.103 (relating to motions); 52 Pa. Code § 1005.71 (relating to motions); 58 Pa. Code § 493a.8 (relating to motions generally); 58 Pa. Code § 493a.9 (relating to preliminary motions); and 61 Pa. Code § 703.34 (relating to hearing procedure).
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