§ 607a.19. Post-hearing brief.
(a) Generally. At the close of the proceedings, or as directed by the presiding officer, each party will be given the opportunity to file a legal brief in support of their position.
(b) Briefing schedule. The presiding officer will set forth a briefing schedule and the order in which the briefs shall be filed. The briefs shall be filed with the Docket Clerk.
(c) Content of brief. A post-hearing brief does not need to conform to a specific format but must include:
(1) A statement of the facts supporting the party’s position, with citation to the relevant exhibits and pages of the transcript.
(2) A discussion of the arguments supporting the party’s position, including citation to relevant statutes, regulations and case law.
(d) Service. On the date of filing, a party shall simultaneously serve a copy of the brief on the opposing party by first class mail, unless the parties mutually agree to accept service by electronic mail. A party shall include with their brief a certificate of service indicating proper service on the opposing party.
(1) When a brief is served by first class mail, the date of mailing shall be deemed the date of service and shall be determined in the manner set forth in § 607a.5(b) (relating to filings with Docket Clerk).
(2) When a brief is served by electronic mail, the date of receipt recorded by the opposing party’s electronic mail system shall be deemed the date of service. A party filing a document by electronic mail is responsible for any delay, disruption, interruption of electronic signals, and readability of the document and accepts the risk that the document may not be properly or timely filed.
(e) Supersession. Subsections (a)—(d) supersede 1 Pa. Code Chapter 35, Subchapter F (relating to briefs).
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