Pennsylvania Code
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COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 6234 (September 28, 2024).

1 Pa. Code § 35.51. Withdrawal of pleadings.

§ 35.51. Withdrawal of pleadings.

 A participant desiring to withdraw a pleading filed with an agency may file a notice of withdrawal thereof with the agency. The notice shall set forth the reasons for the withdrawal. Unless otherwise ordered by the agency for good cause, the notice shall, 30 days after the filing thereof, be deemed to have effected the withdrawal of the pleading, including amendments, if any, except that this section shall not be construed as effecting, without express permission of the agency, withdrawal of the following:

   (1)  A pleading in a proceeding in which a hearing has been held or convened.

   (2)  A formal complaint, answer thereto, answer to order to show cause, or an amendment to any of the aforesaid pleadings.

Cross References

   This section cited in 1 Pa. Code §  33.42 (relating to withdrawal or termination); 12 Pa. Code §  11.10 (relating to withdrawal of pleadings); 34 Pa. Code §  95.97 (relating to motions for withdrawal); 34 Pa. Code §  111.15 (relating to no other pleadings allowed); 34 Pa. Code §  111.17 (relating to oral argument); 34 Pa. Code §  131.34 (relating to other filings); 34 Pa. Code §  131.35 (relating to amendments to pleadings); 34 Pa. Code §  131.36 (relating to joinder); 34 Pa. Code §  131.57 (relating to compromise and release agreements); 34 Pa. Code §  131.60 (relating to resolution hearings); 37 Pa. Code §  171.47 (relating to withdrawal of motions); 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 §  5.94 (relating to withdrawal of pleadings in a contested proceeding); 52 Pa. Code §  1005.64 (relating to withdrawal of pleadings in a contested proceeding); 55 Pa. Code §  41.83 (relating to withdrawal of provider appeals); 58 Pa. Code §  493a.7 (relating to amendments and withdrawal of pleadings); 61 Pa. Code §  703.2 (relating to petition content); and 61 Pa. Code §  703.9 (relating to withdrawal or termination of appeal).


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