- (a) Answers to complaints, petitions, motions, appeals of staff decisions and other filings requiring a response shall be filed with the Clerk and served on all other parties within 30 days after the date of service of the complaint, petition, motion or other pleading, unless a different time is prescribed by the Board, presiding officer or elsewhere in the Board’s regulations.
- (b) Failure to file a timely answer to a complaint or petition will constitute an admission of all matters and facts contained in the filing and may result in the waiver of the right to a hearing.
(c) Answers may contain the following:
- (1) Admissions of the matter complained of and the alleged facts, in whole or in part.
- (2) New matter or explanation by way of defense.
- (3) Legal objections.
- (4) Affirmative defenses.
- (5) A request for a hearing.
- (d) Answers shall be in writing and shall specifically and in detail admit or deny each allegation in the pleading.
- (e) This section supersedes 1 Pa. Code § § 35.35—35.40 (relating to answers).
Authority
The provisions of this § 493a.5 amended under 4 Pa.C.S. § § 1202(b)(30), 1205 and 1207(2) and (9).
Source
The provisions of this § 493a.5 amended July 10, 2009, effective July 11, 2009, 39 Pa.B. 3446; amended February 1, 2013, effective February 2, 2013, 43 Pa.B. 660. Immediately preceding text appears at serial page (362153).
Cross References
This section cited in 58 Pa. Code § 405a.6 (relating to enforcement action); 58 Pa. Code § 511a.9 (relating to petition to remove name from the exclusion list); and 58 Pa. Code § 1120a.9 (relating to petition to remove name from the exclusion list).