(a) The judge may require the parties to
submit proposed findings of fact, conclusions of law and legal briefs or
memoranda to the judge for review and consideration.
(b) Submissions referred to in subsection (a)
shall be made within the time specified by the judge, but not later than 30
days following the close of the record.
(c) The evidentiary record is closed when the
parties have submitted all of their evidence and rested or when the judge has
closed the evidentiary record on a party's motion or the judge's own motion. If
the judge determines that additional hearings are necessary, or that additional
evidence needs to be submitted, or if the judge schedules additional written or
oral argument, the evidentiary record may be held open by the judge. When the
judge determines that the evidentiary record is closed, the judge will notify
the parties that the evidentiary record is closed on the record or in
writing.
(d) A party may move to
close the evidentiary record and all other parties shall advise the judge
within 20 days as to whether the evidentiary record is closed or whether there
is additional evidence to be submitted. At the conclusion of the 20-day period,
the judge will determine whether the evidentiary record will be closed or will
remain open.
(e) A judge may close
the evidentiary record on the judge's own motion even if all parties have not
rested when the judge determines that the parties have had reasonable
opportunity to present their case, provided that reasonable notice of the
closing of the evidentiary record has been given to all parties.
(f) All parties shall provide a certification
of the contents of the evidentiary record before the judge, including hearing
dates, a list of witnesses testifying and a list of offered exhibits. The
certification of the evidentiary record shall be provided to the judge after
the close of the evidentiary record and at or before the filing of proposed
findings of fact, conclusions of law or brief. The judge will specify the
contents of the evidentiary record in the decision.
(g) Proposed findings of fact, proposed
conclusions of law, briefs and certification of the evidentiary record not
timely filed with the judge may not be considered unless, in advance of the
date specified in this section, a request for an extension of time has been
made to, and granted by, the judge for good cause shown.
(h) Briefs submitted under this section shall
consist of at least the following items separately and distinctly set forth:
(1) A short statement of the questions
involved.
(2) A statement of the
facts by the moving party or counter-statement of the facts by the responding
party.
(3) An argument.
(4) Short conclusions setting forth the
precise relief sought.
(5) A proof
of service.
(i)
Subsections (a)-(h) supersede 1 Pa. Code §§
35.54,
35.55,
35.131-
35.133, 35.163, 35.173,
35.191-35.193, 35.212, 35.221 and 35.231-35.233 and also supersede 1 Pa. Code
Chapter 35, Subchapter D.
