34 Pa. Code § 95.98 - Decisions of the Board
(a)
Exceptions to a hearing examiner decision. Filing of
statements of exceptions to a hearing examiner decision will be as follows:
(1) A party may file with the Board within
20-calendar days of the date of issuance with the Board an original of a
statement of exceptions and a supporting brief to a proposed decision issued
under §
95.91(k)(1)
(relating to hearings) or a nisi order issued under §
95.96(b)
(relating to exceptions) certifying a representative or the results of an
election. Exceptions will be deemed filed in accordance with §
93.12 (relating to service and
filing of papers) or §
95.42 (relating to filing of
papers), or on the date deposited in the United States mail, as shown on a
United States Postal Form 3817 Certificate of Mailing enclosed with the
statement of exceptions. The statement of exceptions shall:
(i) State the specific issues of procedure,
fact or law, or other portion of the proposed decision to which each exception
is taken.
(ii) Identify the page or
part of the decision to which each exception is taken.
(iii) Where possible, designate by page
citation or exhibit number the portions of the record relied upon for each
exception.
(iv) State the grounds
for each exception.
(2)
No reference may be made in the statement of exceptions to any matter not
contained in the record of the case.
(3) An exception not specifically raised
shall be waived.
(4) The party
shall, concurrent with its filing of the statement of exceptions and supporting
brief, serve a copy of the same upon each party to the proceeding. Proof of
service shall be filed with the Board.
(b)
Failure to file
exceptions. When no exceptions are filed to a proposed decision, it
will become final upon the expiration of 20-calendar days from the date of
issuance.
(c)
Response to
exceptions. Within 20-calendar days following the date of receipt of
the statement of exceptions and supporting brief, a party may file a response
to the statement of exceptions and a supporting brief with the Board. Copies of
these documents shall be served concurrently on each party, and proof of
service shall be filed with the Board.
(d)
Review on Board's own motion.
The Board may, on its own motion, decide to review the proposed
decision within 20-calendar days following the date of issuance of the
decision. Notice of the Board's review will be entered on the docket; notice of
the Board's review will be served on parties of record; and an opportunity to
present briefs will be provided to all parties.
(e)
Oral argument on exceptions.
A party desiring to argue orally before the Board regarding
exceptions to a decision shall file with the statement of exceptions or the
response to the statement of exceptions a written request stating the reasons
for the request. Upon the request or its own motion the Board may direct oral
argument.
(f)
Decision of
the Board. The Board may do any of the following:
(1) Issue a final order adopting, modifying
or reversing the prior decision.
(2) Reopen the record for the taking of
further testimony and evidence.
(3)
Take other action it deems proper.
(g)
Reconsideration of Board
decisions. Decisions of the Board will be reconsidered under the
following circumstances:
(1) A motion for
reconsideration need not be filed to exhaust administrative remedies.
(2) A party to a decision of the Board may,
because of extraordinary circumstances, file a request to reconsider the
decision with the Board within 7-calendar days following the date of service of
the decision. The party shall state with specificity the grounds claimed and,
where applicable, shall specify the page of the record relied upon. A copy of
the request shall have been actually served upon each party of record prior to
filing the request, and a statement of the service shall accompany the request.
A party shall have 5-calendar days from actual service to file a response with
the Board. "Actual service," as used in this paragraph, means actual receipt by
the party or his agent. The filing of a request for reconsideration will not
operate to stay the effectiveness of a decision of the Board unless otherwise
ordered by the Board.
(h)
Subsection (a) supersedes 1 Pa. Code §§35.211 and 35.212 (relating to
procedure to except to proposed report; and content and form of briefs on
exceptions); subsection (b) supersedes 1 Pa. Code §35.213 (relating to
effect of failure to except to proposed report); subsections (c) and (e)
supersede 1 Pa. Code §35.214 (relating to oral argument on exceptions);
and subsection (g) supersedes 1 Pa. Code §35.241 (relating to application
for rehearing or reconsideration).
Notes
The provisions of this § 95.98 issued under section 4(b) of the Pennsylvania Labor Relations Act (43 P.S. § 211.4(b)); and the Public Employe Relations Act (43 P.S. §§ 1101.101-1101.2301); amended under section 4(f) of the Pennsylvania Labor Relations Act (43 P.S. § 211.4(f)); and section 502 of the Public Employe Relations Act (43 P.S. § 1101.502).
This section cited in 34 Pa. Code § 93.31 (relating to hearings).
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