37 Pa. Code § 197.46a - Decision without hearing

(a) At any time following the filing of reply briefs, but not later than 30 days prior to the commencement of the hearing, a party may file a motion for decision without hearing. The motion may include a request for oral argument. The motion shall set forth with specificity the reasons why a hearing is believed to be unnecessary.

(b) Within 10 days of the filing of a motion for decision on the pleadings, a party may file an answer in opposition.

(c) If the motion for decision without hearing is granted, the Hearing Board may require the parties to file a stipulation of facts to supplement the certified record.

Notes

37 Pa. Code § 197.46a

The provisions of this § 197.46a adopted August 19, 1983, effective 8/20/1983, 13 Pa.B. 2551; corrected August 26, 1983, 13 Pa.B. 2626; amended September 4, 1987, effective 9/5/1987, 17 Pa.B. 3609.

The provisions of this § 197.46a issued and amended under section 805(b) of the Health Care Facilities Act (35 P. S. § 448.805(b)); and 2 Pa.C.S. § 102(a).

This section cited in 37 Pa. Code § 197.15 (relating to recording of proceedings).