§ 42.34. Motions.
(a) Motions or other requests for procedural rulings or relief shall be filed with the Commission in writing, set forth the ruling or relief sought, state the grounds therefor and the statutory or other authority relied upon, include a proposed order and comply with § 42.12 (relating to caption).
(b) Motions made during a preliminary or public hearing under this chapter may be stated orally on the record. The presiding officer may require oral or written supplementation as the officer deems necessary or appropriate.
(c) Replies to motions filed in accordance with subsection (a) shall be in writing. The staff counsel shall reply to motions, which seek to limit the Commission’s ability to proceed with a complaint, by making whatever good faith arguments may exist in favor of the Commission’s continued ability to proceed.
(d) Written motions and replies thereto shall be served by the submitting party upon all parties to the proceeding.
(e) Upon the filing and consideration of a motion, any replies thereto, and other information the Commission may deem necessary or appropriate to obtain, the Commission will issue and serve the parties with a written ruling thereon, including the reasons for the ruling.
(f) Subsections (a)—(c) and (e) supplement 1 Pa. Code § 35.54 (relating to motions as to complaint).
(g) Subsection (d) supplements 1 Pa. Code § § 33.31—33.37 (relating to service of documents).
Source The provisions of this § 42.34 adopted August 13, 1976, effective August 14, 1976, 6 Pa.B. 1887; amended April 19, 1991, effective April 20, 1991, 21 Pa.B. 1909. Immediately preceding text appears at serial pages (60568) and (84181).
Cross References This section cited in 16 Pa. Code § 42.131 (relating to Motions Commissioners and Motions Examiners).
No part of the information on this site may be reproduced for profit or sold for profit.
This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
