Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 1032 (February 24, 2024).

28 Pa. Code § 1230a.43. Orders to show cause, orders or petitions filed by the Office.

SPECIAL ACTIONS


§ 1230a.43. Orders to show cause, orders or petitions filed by the Office.

 (a)  The Office may start an action by filing an order to show cause, order or other petition filed by the Office and a notice of a right to respond or defend. The action is begun when the order to show cause, order or other petition of the Office is filed with the Clerk.

 (b)  Service of the order to show cause, order or other petition filed by the Office shall be by personal service or by United States first class mail, postage prepaid. The date of service shall be the date specified on the certificate of service.

 (c)  An order to show cause must set forth the authority under which the Department is authorized to act and must set forth in separate numbered paragraphs the specific facts and circumstances upon which the request for action is based.

 (d)  The notice of a right to respond or defend shall conform substantially to the following format:

[Case Caption]


NOTICE

 If you wish to defend against the claims set forth in the following pages, you must take action within 30 days after this order to show cause and notice are served by entering a written appearance personally or by attorney and filing in writing with the Clerk in accordance with §  1230a.23 (relating to docket) your answers, defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Department without further notice for any claim or relief requested by the Office. You should take this paper to your lawyer at once.

 (e)  Subsections (a)—(d) supersede 1 Pa. Code §  35.14 (relating to orders to show cause).



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