- (a) A motion may be made at any time after the initiation of a proceeding for procedural relief including a request for an extension of time, a continuance of a hearing or other scheduled proceeding, or a request for a prehearing conference.
- (b) Motions may be made in writing or orally on the record. A presiding officer may require that a motion made orally also be made in writing.
- (c) Answers or objections to written motions shall be made within 30 days after the date of service of the motion unless otherwise directed by the Board or presiding officer.
- (d) Written motions and answers or objections to written motions shall be served upon all parties in accordance with § 491a.5 (relating to service).
- (e) Motions to the Board seeking interlocutory determinations on rulings of a presiding officer are not permitted.
- (f) The presiding officer may rule upon any motion filed prior to the submission of a report or report and recommendation to the Board. When a ruling on a motion would constitute a final determination of the proceedings, the ruling on the motion shall be made part of the report or report and recommendation to the Board.
- (g) This section supersedes 1 Pa. Code § § 35.177—35.180 (relating to motions).
Authority
The provisions of this § 493a.8 amended under 4 Pa.C.S. § § 1202(b)(30) and 1207(2) and (9).
Source
The provisions of this § 493a.8 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 § 493a.11 (relating to discovery).