- (a) Requests to amend an interlocutory order to certify one or more issues for appeal in accordance with 42 Pa.C.S. § 702(b) (relating to interlocutory orders) shall be filed within 10 days of service of the order and shall take the form of a motion under § 1021.91 (relating to general).
- (b) Motions filed under subsection (a) must be accompanied by a memorandum of law setting forth the reasons why the order involves a controlling question of law as to which there is a substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the matter.
- (c) Responses to motions filed under this section shall be filed within 10 days of service of the motion and shall be consistent with § 1021.91.
- (d) If the Board does not act on the motion within 30 days of it being filed, the motion shall be deemed denied.
- (e) The filing of a motion under this section or the amendment of an interlocutory order containing the requested finding will not stay a proceeding unless otherwise ordered by the Board or by Commonwealth Court.
- (f) Subsections (a)—(e) supersede 1 Pa. Code § 35.225 (relating to interlocutory orders).
Authority
The provisions of this § 1021.153 issued under section 5 of the Environmental Hearing Board Act (35 P.S. § 7515).
Source
The provisions of this § 1021.153 adopted October 6, 2017, effective October 7, 2017, 47 Pa.B. 6205.