52 Pa. Code § 1005.211 - Exceptions to recommended decisions

(a) Subject to subsection (f), a party may file written exceptions to the recommended decision of a presiding officer with the Clerk within 15 days after the recommended decision is issued, unless some other exception period is provided. Exceptions may not be filed with respect to an interlocutory decision.

(b) Each exception must be numbered and identify the finding of fact or conclusion of law to which exception is taken and cite relevant pages of the decision. Supporting reasons for the exceptions must follow each specific exception.

(c) The exceptions must be concise. The exceptions and supporting reasons must be limited to 20 pages in length. Statements of reasons supporting excep-tions must, insofar as practicable, incorporate by reference and citation, relevant portions of the record and passages in previously filed briefs. A separate brief in support of or in reply to exceptions may not be filed with the Clerk.

(d) An original and 12 copies of the exceptions shall be filed with the Clerk.

(e) Unless otherwise ordered by the Authority, § § 1001.11 and 1001.54 (relating to date of filing; and date of service) will not be available to extend the time periods for filing exceptions.

(f) A presiding officer's decision related to an enforcement proceeding will not be subject to exception or administrative appeal, except as provided in section 5705(a) of the act (relating to contested complaints).

(g) Subsections (a)-(f) supersede 1 Pa. Code § §35.211 and 35.212 (relating to procedure to except to proposed report; and content and form of briefs on exceptions).

Notes

52 Pa. Code § 1005.211

This section cited in 52 Pa. Code § 1003.13 (relating to hearings following issuance of emergency orders); 52 Pa. Code § 1003.25 (relating to Authority review of interim emergency orders); 52 Pa. Code § 1003.32 (relating to out of service designation); 52 Pa. Code § 1003.51 (relating to applications generally); 52 Pa. Code § 1005.213 (relating to final orders and effect of failure to file exceptions); 52 Pa. Code § 1005.214 (relating to oral argument before the Authority); and 52 Pa. Code § 1011.4 (relating to annual assessments and renewal fees).