§ 197.11a. Motions and petitions.
(a) Oral motions and petitions are not permitted unless the Hearing Board finds the submission of the motion or petition in writing to be impracticable under the circumstances.
(b) A motion or petition shall identify the specific statutory provision, section or subsection of this chapter or 1 Pa. Code Part II (relating to general rules of administrative practice and procedure) which authorizes the filing of the motion or petition. Failure to do so may result in a summary denial of the motion or petition.
(c) Upon the filing of a motion or petition, a party to the proceeding may file an answer within 10 days of the filing thereof. The failure to file an answer within the time shall be deemed to be a waiver of objection to the motion or petition.
(d) Rejoinders to answers to motions or petitions are not permitted, except by written order of the Hearing Board.
(e) A motion or petition, and an answer thereto, may be accompanied by a memorandum of law. Failure to submit a memorandum of law at the time of filing the motion or petition or response thereto shall be deemed a waiver of the right to do so.
(f) Subsection (a) supersedes 1 Pa. Code § 35.17 (relating to petitions generally) and supplements § 35.178 (relating to presentation of motions). Subsection (c) supplements 1 Pa. Code § 35.35 (relating to answers to complaints and petitions) and supplements § 35.179 (relating to objections to motions).
Authority The provisions of this § 197.11a issued under section 805(b) of the Health Care Facilities Act (35 P. S. § 448.805(b)).
Source The provisions of this § 197.11a adopted September 4, 1987, effective September 5, 1987, 17 Pa.B. 3609.
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