Current through Register Vol. 54, No. 45, November 9, 2024
Section 197.11a - Motions and petitions(a) Oral motions and petitions are not permitted unless the Hearing Board finds the submission of the motion or petition in writing to be impracticable under the circumstances.(b) A motion or petition shall identify the specific statutory provision, section or subsection of this chapter or 1 Pa. Code Part II (relating to general rules of administrative practice and procedure) which authorizes the filing of the motion or petition. Failure to do so may result in a summary denial of the motion or petition.(c) Upon the filing of a motion or petition, a party to the proceeding may file an answer within 10 days of the filing thereof. The failure to file an answer within the time shall be deemed to be a waiver of objection to the motion or petition.(d) Rejoinders to answers to motions or petitions are not permitted, except by written order of the Hearing Board.(e) A motion or petition, and an answer thereto, may be accompanied by a memorandum of law. Failure to submit a memorandum of law at the time of filing the motion or petition or response thereto shall be deemed a waiver of the right to do so.(f) Subsection (a) supersedes 1 Pa. Code §35.17 (relating to petitions generally) and supplements §35.178 (relating to presentation of motions). Subsection (c) supplements 1 Pa. Code §35.35 (relating to answers to complaints and petitions) and supplements §35.179 (relating to objections to motions).The provisions of this §197.11a adopted September 4, 1987, effective 9/5/1987, 17 Pa.B. 3609.The provisions of this §197.11a issued under section 805(b) of the Health Care Facilities Act (35 P. S. § 448.805(b)).