1 Pa. Code § 35.225

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

Section 35.225 - Interlocutory orders

(a) When the agency head has made an order which is not a final order, a participant may by motion request that the agency head find, and include the finding in the order by amendment, that 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 under 42 Pa.C.S. § 702 (relating to interlocutory order) may materially advance the ultimate termination of the matter. The motion shall be filed within 10 days after service of the order, and shall be subject to § 35.179 (relating to objections to motions). Unless the agency head acts within 30 days after the filing of the motion, the motion shall be deemed denied.

(b) Neither the filing of a motion under subsection (a), nor the adoption of an amended order containing the requested finding, shall stay a proceeding before the agency head or presiding officer unless otherwise ordered by the agency head or the Commonwealth Court.

1 Pa. Code § 35.225

The provisions of this §35.225 amended through May 20, 1977, 7 Pa.B. 1308.

This section cited in 4 Pa. Code §89.33 (relating to decisions); 12 Pa. Code §11.15 (relating to final orders); 22 Pa. Code §351.1 (relating to purpose and scope); 25 Pa. Code §1021.153 (relating to amendment of interlocutory orders); 28 Pa. Code § 301.7 (relating to fair hearing); 34 Pa. Code §111.21 (relating to content and form); 34 Pa. Code §111.24 (relating to disposition of request for supersedeas); 34 Pa. Code §131.24 (relating to recusal of judge); 34 Pa. Code §131.41 (relating to request for supersedeas or reconsideration of supersedeas); 34 Pa. Code §131.43 (relating to disposition of request for supersedeas); 34 Pa. Code §131.49 (relating to disposition of automatic request for special supersedeas under section 413(a.1) of the act (77 P. S. § 774(1)); 34 Pa. Code §131.53b (relating to bifurcation and motions for disposition of a petition); 34 Pa. Code §131.56a (relating to withdrawal of appearance); 34 Pa. Code §131.111 (relating to decisions of judges); 52 Pa. Code §5.633 (relating to certification of interlocutory orders); 52 Pa. Code §1005.243 (relating to certification of interlocutory orders); and 61 Pa. Code §703.45 (relating to appeal rights).