SUBCHAPTER A. PRELIMINARY PROVISIONS
GENERAL Sec.
1230a.21. Scope.
1230a.22. Definitions.
1230a.23. Docket.
1230a.24. Filing generally.
TIME
1230a.25. Effective date of adjudication, actions or order.
230a.26. Representation.
Authority The provisions of this Chapter 1230a added under section 301(a)(3) and (b) of the Medical Marijuana Act (35 P.S. § 301(a)(3) and (b)), unless otherwise noted.
Source The provisions of this Chapter 1230a added March 3, 2023, effective March 4, 2023, 53 Pa.B. 1275, unless otherwise noted.
Cross References This chapter cited in 28 Pa. Code § 1141a.35 (relating to notice of denial); 28 Pa. Code § 1141a.47 (relating to general penalties and sanctions); 28 Pa. Code § 1171a.38 (relating to appeals); 28 Pa. Code § 1181a.33 (relating to appeals); 28 Pa. Code § 1191a.33 (relating to appeals); and 28 Pa. Code § 1211a.37 (relating to appeals).
GENERAL
§ 1230a.21. Scope.
(a) This chapter governs practice and procedure before the Department in medical marijuana appeals and in any action taken by the Office under the act.
(b) This chapter is not applicable to a proceeding to the extent that the applicable statute governing or authorizing the proceeding sets forth inconsistent practice or procedure.
(c) Except when inconsistent with this chapter, 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure) is applicable insofar as it relates to adjudicatory proceedings.
(d) Subsections (a)—(c) supplement 1 Pa. Code § 31.1 (relating to scope of part).
§ 1230a.22. Definitions.
(a) The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Act—The Medical Marijuana Act (35 P.S. § § 10231.101—10231.2110).
Clerk—The Department’s Docket Clerk in the Office of Legal Counsel.
Department—The Department of Health.
Office—The Department’s Office of Medical Marijuana.
Person—An individual, partnership, association, corporation, political subdivision, municipal authority or other entity.(b) Subsection (a) supplements 1 Pa. Code § 31.3 (relating to definitions).
§ 1230a.23. Docket.
(a) The Clerk has the following duties:
(1) Provide information as to practice and procedure before the Department, under this chapter.
(2) Receive and docket pleadings and other documents required by the Department to be filed with the Clerk.
(b) A filing shall be directed to the Clerk at the following address, by first class mail, postage prepaid: Department of Health, Office of Legal Counsel, ATTN: Docket Clerk Room 825, Health and Welfare Building, 625 Forster Street, Harrisburg, Pennsylvania 17120-0701.
(c) Pleadings, submittals or other documents required or permitted to be filed under this chapter, the regulations of the Department or any other provision of law shall be received for filing by the Clerk within the time limits, if any, for the filing. The date of receipt by the Clerk and not the date of deposit in the mail is determinative. Electronic submissions will not be accepted by the Clerk for filing, unless the electronic filing is specifically permitted by the Department.
(d) The Clerk shall maintain a docket of proceedings. Each proceeding as initiated will be assigned a docket number.
(e) The docket will be available for inspection and copying by the public, at the requestor’s expense, during the office hours of the Department insofar as consistent with the proper discharge of the duties of the Department.
(f) Subsections (a)—(e) supersede 1 Pa. Code § § 33.11 and 33.51 (relating to execution; and docket).
Cross References This section cited in 28 Pa. Code § 1230a.43 (relating to orders to show cause, orders or petitions filed by the office).
§ 1230a.24. Filing generally.
(a) Pleadings and other documents filed with the Clerk must clearly designate the docket number, if one has been assigned, the application or permit number, if one has been assigned, and a short title identifying the pleading or other document. The identity of the individual or person filing the pleading or other document, including the name, mailing address and status (for example, party or attorney for a party) must appear on the pleading or other document being filed.
(b) If a pleading or other document tendered for filing does not comply with this chapter, does not sufficiently set forth required material or is otherwise deficient, the Department may decline to accept the pleading or other document for filing and may return it without filing, or the Department may accept the pleading or other document for filing and advise the individual or person tendering it of the deficiency and require that the deficiency be corrected within a reasonable period of time.
(c) The Department may require redundant, immaterial, obscene or otherwise inappropriate comments stricken from a pleading or other document before accepting it for filing.
TIME
§ 1230a.25. Effective date of adjudication, actions or order.
(a) An adjudication, action or order will be effective as of the date of mailing unless otherwise specifically provided.
(b) Subsection (a) supersedes 1 Pa. Code § 31.14 (relating to effective dates of agency orders).
§ 1230a.26. Representation.
(a) A party, except an individual appearing on their own behalf, shall be represented by an attorney at all stages of the proceedings subsequent to the filing of the Notice of Appeal or order to show cause.
(b) A corporation shall be represented by an attorney of record admitted to practice before the Supreme Court of Pennsylvania. A corporation may also be represented by an attorney in good standing and admitted to practice before the highest court of another State on a motion pro hac vice filed by the Pennsylvania attorney of record.
(c) A group of individuals acting in concert, whether formally or informally, shall be represented by an attorney admitted to practice law before the Supreme Court of Pennsylvania or by an attorney in good standing admitted to practice before the highest court of another state who has made a motion to appear pro hoc vice and has agreed in that motion to abide by the rules and regulations of the Department and 204 Pa.Code Ch. 81 (relating to Rules of Professional Conduct).
(d) An individual may appear in person on his own behalf. The individual is encouraged to appear through counsel. If the Department determines that the individual is acting in concert with or as a representative of a group of individuals, the individual may be required to appear through counsel under subsection (c).
(e) Subsections (a)—(d) supersede 1 Pa. Code § § 31.21—31.23 (relating to appearance in person; appearance by attorney; and other representation prohibited at hearings).
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