1 Pa. Code § 35.125

Current through Register Vol. 54, No. 45, November 9, 2024

Section 35.125 - Order of procedure

(a) In hearings upon applications, formal complaints or petitions, the complainant, petitioner or other party having the burden of proof, shall open and close, unless otherwise directed by the presiding officer. In hearings on investigations and in proceedings which have been consolidated for hearing, the presiding officer may direct who shall open and close.

(b) Interveners shall follow the parties in whose behalf the intervention is made. Where the intervention is not in support of an original party, the presiding officer shall designate at what stage the intervener shall be heard.

(c) In proceedings where the evidence is peculiarly within the knowledge or control of another party or participant, the order of presentation set forth in subsections (a) and (b) may be varied by the presiding officer.

(d) The following shall also apply:

(1) The applications (including attached exhibits), complaints, orders to show cause and answers thereto and similar formal documents upon which hearings are fixed shall, without further action, be considered as parts of the record as pleadings.

(2) In no event, except in the case of a noncontested proceeding, may the pleadings be considered as evidence of fact other than that of the filing thereof unless offered and received in evidence in under this part.

1 Pa. Code § 35.125

This section cited in 4 Pa. Code §89.27 (relating to order of presentation); 4 Pa. Code §137.9 (relating to caveator as plaintiff); 7 Pa. Code §179.53 (relating to Commission hearings); 7 Pa. Code §179.61 (relating to hearing procedure); 10 Pa. Code § 3.11 (relating to hearing rules); 22 Pa. Code §121.9 (relating to administrative loan collection review procedures); 22 Pa. Code §121.10 (relating to administrative wage garnishment procedures for Federal loans); 28 Pa. Code § 301.7 (relating to fair hearing); 34 Pa. Code §131.53a (relating to consolidated hearing procedure); 34 Pa. Code §131.57 (relating to compromise and release agreements); 34 Pa. Code §131.202 (relating to first hearing information and stay); 34 Pa. Code §131.203 (relating to hearing procedures); 37 Pa. Code §171.96 (relating to arbitration hearing procedure); 37 Pa. Code §197.48 (relating to procedure at hearing); 37 Pa. Code §197.70 (relating to hearings); 37 Pa. Code §197.90 (relating to procedure at hearing); 40 Pa. Code §15.46 (relating to hearings); 51 Pa. Code §21.25 (relating to conduct of the hearing); 52 Pa. Code §5.242 (relating to order of procedure); 52 Pa. Code §5.405 (relating to effect of pleadings); 52 Pa. Code §1005.82 (relating to scheduling of hearing); 52 Pa. code §1005.111 (relating to order of procedure); 52 Pa. Code §1005.145 (relating to effect of pleadings); 55 Pa. Code §41.153 (relating to burden of proof and production); 58 Pa. Code §494a.2 (relating to oral hearings); 61 Pa. Code §703.31 (relating to disposition of petitions); 61 Pa. Code §703.34 (relating to hearing procedure); and 67 Pa. Code §491.10 (relating to hearings).