231 Pa. Code r. 1920.55-2

Current through Register Vol. 54, No. 44, November 2, 2024

Rule 1920.55-2 - Hearing Officer's Report. Notice. Exceptions. Final Decree

(a) After conclusion of the hearing, the hearing officer shall:

(1) file the record and the report within:

(i) twenty days in uncontested actions; or

(ii) thirty days from the last to occur of the receipt of the transcript by the hearing officer or close of the record in contested actions; and

(2) immediately serve upon counsel for each party, or, if unrepresented, upon the party, a copy of the report and recommendation and written notice of the right to file exceptions.

(b) Within 20 days of the date of receipt or the date of mailing of the hearing officer's report and recommendation, whichever occurs first, any party may file exceptions to the report or any part thereof, to rulings on objections to evidence, to statements or findings of fact, to conclusions of law, or to any other matters occurring during the hearing. Each exception shall set forth a separate objection precisely and without discussion. Matters not covered by exceptions are deemed waived unless, prior to entry of the final decree, leave is granted to file exceptions raising those matters.

(c) If exceptions are filed, any other party may file exceptions within 20 days of the date of service of the original exceptions. The court shall hear argument on the exceptions and enter a final decree.

(d) If no exceptions are filed, the court shall review the report and, if approved, shall enter a final decree.

(e) No Motion for Post-Trial Relief may be filed to the final decree.

231 Pa. Code r. 1920.55-2

The provisions of this Rule 1920.55 -2 adopted September 11, 1995, effective 1/1/1996, 25 Pa.B. 4097; amended August 8, 2006, effective immediately, 36 Pa.B. 4709; amended May 6, 2015, effective 7/1/2015, 45 Pa.B. 2457; amended October 19, 2021, effective 1/1/2022, 51 Pa.B. 6764.