§ 56.3. Admissions as to facts and documents.
(a) A participant may serve upon any participant a written request for the admission by him, for the purpose of the pending hearing only, of the truth of relevant matters of fact set forth in the request or of the genuineness of any writing, document, or record, a copy of which is attached to the request, or of the truth of any fact relating to its authenticity, correctness, execution, delivery, mailing or receipt.
(b) A matter of which an admission is requested is admitted unless the participant, within 10 days after service of the request, serves upon the requesting participant:
(1) A sworn denial or explanation why he cannot admit or deny the matter.
(2) Objections to the relevance or competence of the matter or the scope of the request.
(c) The provisions of subsections (a) and (b) supplement 1 Pa. Code § § 35.112 and 35.155 (relating to conferences to expedite hearings; and presentation and effect of stipulations).
Source The provisions of this § 56.3 adopted December 9, 1977, effective December 10, 1977, 7 Pa.B. 3611.
Notes of Decisions Denial
In view of the relaxed procedural and evidentiary rules that normally govern administrative proceedings it was permissible for the Department to permit a party to submit a sworn denial to its answer to Request for Admissions subsequent to the filing of that answer. R. A. Freudig Associates v. Insurance Department, 532 A.2d 509 (Pa. Cmwlth. 1987).
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