- (a) This section applies to motions pertaining to the procedural aspects of a case, including motions for continuance, for expedited consideration, for extensions of time in which to file documents and for stay of proceedings.
- (b) Procedural motions do not require verification.
- (c) Procedural motions shall contain a statement indicating the nonmoving party’s position on the relief requested or a statement that the moving party, after a reasonable effort, has been unable to determine the nonmoving party’s position.
- (d) If all parties consent to the relief requested, the request may be embodied in a letter, provided the letter indicates the consent of the other parties.
- (e) Procedural requests, whether in letter or motion form, shall be accompanied by a proposed order.
- (f) A response to a procedural motion shall be filed with the Board within 15 days of the date of service of the motion unless otherwise ordered by the Board.
- (g) Procedural motions may not be accompanied by supporting memoranda of law unless otherwise ordered by the Board.
- (h) Subsection (b) supersedes 1 Pa. Code § 33.12 (relating to verification). Subsections (c) and (e) supersedes 1 Pa. Code § 35.177 (relating to the scope and contents of motions). Subsection (d) supersedes 1 Pa. Code § 35.179 (relating to objections to motions).
Authority
The provisions of this § 1021.92 amended under section 5(c) of the Environmental Hearing Board Act (35 P.S. § 7515(c)).
Source
The provisions of this § 1021.92 amended September 3, 1999, effective September 4, 1999, 29 Pa.B. 4683; amended June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085; amended November 29, 2002, effective November 30, 2002, 32 Pa.B. 5883; amended May 17, 2024, effective May 18, 2024, 54 Pa.B. 2776. Immediately preceding text appears at serial page (411275).
Cross References
This section cited in 25 Pa. Code § 1021.12 (relating to extensions of time); 25 Pa. Code § 1021.32 (relating to filing); 25 Pa. Code § 1021.95 (relating to miscellaneous motions); and 25 Pa. Code § 1021.133 (relating to reopening of record).