52 Pa. Code § 1005.192 - Filing and service of briefs
(a)
Service. Copies shall be served on the parties in accordance
with §
1001.57 (relating to number of
copies to be served).
(b)
Number of copies. An original and 12 copies of a brief shall
be filed with the Clerk in proceedings before the Authority, with only 3 copies
filed in proceedings before a presiding officer.
(c)
Filing of briefs in nonrate
proceedings.
(1)
Initial
brief. An initial brief shall be filed by the party with the burden of
proof except as provided by agreement or by direction of the presiding
officer.
(2)
Response
brief. A party may file a response brief to the initial
brief.
(d)
Filing
of briefs in rate proceedings.
(1)
Main brief. A main brief may be filed by a party except as
provided by agreement or by direction of the presiding officer.
(2)
Reply brief. A party may
file a reply brief to a main brief regardless of whether the party filed a main
brief.
(e)
Filing
of amicus curiae briefs. A person interested in the issues involved in
an Authority proceeding, although not a party, may, without applying for leave
to do so, file amicus curiae briefs with the Clerk in regard to those issues.
Unless otherwise ordered, amicus curiae briefs shall be filed and served in the
manner and number required and within the time allowed by this section, absent
good cause.
(f)
Deadlines. Initial briefs, main briefs, responsive briefs and
reply briefs shall be filed and served within the time fixed by the presiding
officer. If no specific times are fixed, initial briefs or main briefs shall be
filed and served within 20 days after the date of service of notice of the
filing of the transcript and responsive briefs or reply briefs shall be filed
within 20 days after date of service of the notice of the filing of the
transcript.
(g)
Late-filed
briefs. Briefs not filed and served on or before the dates fixed
therefore will not be accepted, except by special permission of the Authority
or the presiding officer as permitted under §
1001.15 (relating to extensions of
time and continuances).
(h)
Supersession. Subsections (a)-(g) supersede 1 Pa. Code §
§35.191 and 35.193 (relating to proceedings in which briefs are to be filed;
and filing and service of briefs).
Notes
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