1 Pa. Code § 35.213 - Effect of failure to except to proposed report

Failure to file a brief on exceptions within the time allowed under § 35.211 (relating to procedure to except to proposed report) shall constitute a waiver of all objections to the proposed report. Objections to any part of a proposed report which is not the subject of exceptions may not thereafter be raised before the agency head in oral argument, or in an application for agency rehearing or reconsideration, and shall be deemed to have been waived. The agency head may refuse to consider exceptions to a ruling admitting or excluding evidence unless there was an objection at the time the ruling was made or within any deferred time provided by the presiding officer.

Notes

1 Pa. Code § 35.213

This section cited in 4 Pa. Code §265.2 (relating to level I review); 4 Pa. Code §265.4 (relating to appeals-level III); 4 Pa. Code §607a.21 (relating to exceptions); 7 Pa. Code §179.66 (relating to briefs and oral argument); 12 Pa. Code §11.15 (relating to final orders); 22 Pa. Code §351.1 (relating to purpose and scope); 28 Pa. Code § 301.7 (relating to fair hearing); 31 Pa. Code §56.1 (relating to applicability of general rules); 31 Pa. Code §56.2 (relating to adjudication procedure); 34 Pa. Code §95.98 (relating to decisions of the Board); 34 Pa. Code §111.15 (relating to no other pleadings allowed); 34 Pa. Code §125.6 (relating to decision on application); 34 Pa. Code §131.112 (relating to correction or amendment of decision); 37 Pa. Code §203.103 (relating to hearing procedures); 43 Pa. Code §7.12 (relating to discipline and discharge); 52 Pa. Code §5.536 (relating to effect of failure to file exceptions); 52 Pa. Code §1005.213 (relating to final orders and effect of failure to file exceptions); 55 Pa. Code §41.191 (relating to determinations and recommendations by the Bureau); 58 Pa. Code §494a.7 (relating to exceptions); 61 Pa. Code §703.5 (relating to other submissions); and 67 Pa. Code §491.12 (relating to exceptions).