§ 179.13. Complaints and other pleadings.
(a) Pleadings. Only the following pleadings shall be permitted:
(1) Complaints.
(2) Petitions.
(3) Motions.
(4) Applications for licensure.
(5) Answers to pleadings.
(b) Fees. Fees for copies and other administrative requests, if any, will be in accordance with a fee schedule adopted by the Commission published in the Pennsylvania Bulletin and posted on the Commission’s web site.
(c) Complaints. A person complaining of an act done or failed to be done by a person subject to the jurisdiction of the Commission, in violation, or claimed violation of the statute which the Commission has jurisdiction to administer, or of a regulation or order of the Commission, may file a formal complaint with the Commission.
(1) Complaints may be filed by the Bureau and other persons authorized by the Commission.
(2) With respect to complaints filed against the Commission, no answer need be filed. The issues in the proceeding may be determined by prehearing conference memoranda or as specified by the presiding officer.
(3) Complaints will be served in accordance with § 179.9 (relating to service by the Commission).
(d) Content of formal complaint. A formal complaint must set forth the following:
(1) The name, mailing address, telephone number, telefacsimile number and electronic mailing address, if applicable, of the complainant.
(2) If the complainant is represented by an attorney, the name, mailing address, telephone number, telefacsimile number and Pennsylvania Supreme Court identification number of the attorney and, if available, the electronic mailing address.
(3) The name, mailing address and certificate or license number of the respondent complained against, if known, and the nature and character of its business.
(4) The interest of the complainant in the subject matter—for example, trainer, owner, licensed racing entity, and the like.
(5) A clear and concise statement of the act or omission being complained of including the result of any informal complaint or informal investigation.
(6) A clear and concise statement of the relief sought.
(7) Except for the documents referenced within this section, a document or the material part thereof, must be attached when a claim is based upon that particular document, the material part thereof. A copy of the document or the material part thereof shall be attached to the pleading.
(e) This section supplements 1 Pa. Code § § 35.9—35.11 (relating to formal complaints).
Cross References This section cited in 7 Pa. Code § 179.8 (relating to Commission original action with prior hearing).
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