(a) The
Board will allow and consider briefs which are submitted simultaneously with
the petition or request or answer thereto. A brief which is not submitted
simultaneously with the petition, request or answer thereto, will not be
considered by the Board and the petition or request may be determined on the
petition or request and answer thereto without further argument or
brief.
(b) A brief submitted with a
petition, request or answer thereto shall conform to the requirements of §
111.16(e)-(g)
(relating to briefs: content and form and time for filing).
(c) Oral argument on a petition may be
scheduled at the discretion of the Board. Parties will be notified of the
scheduling of oral argument as far in advance of the argument date as possible.
The scheduling and conduct of oral argument will conform to the requirements of
§
111.17 (relating to oral
argument).
(d) The Board may, if
appropriate, or will, if required by law, refer a petition or request to a
judge for conducting hearings, preparing findings or proposed orders.
Thereafter, the petition or request shall, if appropriate or required, be
returned to the Board.
(e)
Subsections (a)-(d) supersede 1 Pa. Code Chapter 35, Subchapters B, C, E and
I.
Notes
The provisions of this
§ 111.35 adopted January 1, 1970; reserved November 6, 1981, effective
11/7/1981, 11 Pa.B. 4015;
amended April 7, 1989, effective 4/8/1989, 19 Pa.B. 1631; amended December 6,
2002, effective 12/7/2002, 32
Pa.B. 6043.
The provisions of this § 111.35 amended under
sections 401.1 and 435(a) and (c) of the
Workers' Compensation Act (77 P. S. §§
710 and
991(a) and (c)); section 2205
of The Administrative Code of 1929 (71 P. S. §
565); and section 414 of The Pennsylvania
Occupational Disease Act (77 P. S. §
1514).
This section cited in 34 Pa. Code §
111.14 (relating to motions to
quash).
