[29 Pa.B. 4683]
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Annex A
TITLE 25. ENVIRONMENTAL PROTECTION
PART IX. ENVIRONMENTAL HEARING BOARD
CHAPTER 1021. PRACTICE AND PROCEDURES
Subchapter A. PRELIMINARY PROVISIONS
GENERAL § 1021.2. Definitions.
(a) The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Act--The Environmental Hearing Board Act (35 P. S. §§ 7511--7516).
Action--An order, decree, decision, determination or ruling by the Department affecting personal or property rights, privileges, immunities, duties, liabilities or obligations of a person including, but not limited to, a permit, license, approval or certification.
Board--The Environmental Hearing Board, consisting of its chairperson and four members, all of whom are administrative law judges appointed by the Governor to hear appeals from actions of the Department.
Costs Act--The act of December 13, 1982 (P. L. 1127, No. 257) (71 P. S. §§ 2031--2035), known as the Commonwealth Agency Adjudicatory Expenses Award.
Department--The Department of Environmental Resources or its successor agencies.
Dispositive motion--A motion that seeks to resolve the issues in an appeal without the need for hearing or further hearing. The term includes a motion to quash appeal, a motion to dismiss, a motion for summary judgment, and a motion for partial summary judgment, but not a motion in limine.
Hearing examiner--A person other than a Board member designated by the Board to preside at hearings or conferences.
Intervenor--A person who has been permitted to intervene by the Board, as provided by § 1021.62 (relating to intervention).
Party--An appellant, appellee, plaintiff, defendant, permittee or intervenor.
Permittee--The recipient of a permit, license, approval or certification in a third-party appeal.
Person--An individual, partnership, association, corporation, political subdivision, municipal authority or other entity.
Pleading--A complaint filed under § 1021.56 (relating to complaints filed by the Department) or answer filed under § 1021.57 (relating to answers to complaints filed by the Department). Documents filed in appeals, including the notice of appeal, are not pleadings.
Supersedeas--A suspension of the effect of an action of the Department pending proceedings before the Board.
Third-party appeal--The appeal of an action by a person who is not the recipient of the action.
(b) Subsection (a) supplements 1 Pa. Code § 31.3 (relating to definitions), except for ''pleading'' which supersedes the definition of ''pleading'' in 1 Pa. Code § 31.3 (relating to definitions).
§ 1021.4. Construction and application of rules.
The rules in this chapter shall be liberally construed to secure the just, speedy and inexpensive determination of every appeal or proceeding in which they are applicable. The Board at every stage of an appeal or proceeding may disregard any error or defect of procedure which does not affect the substantial rights of the parties.
TIME § 1021.11. (Reserved).
§ 1021.15. Effective dates of Board adjudications and preliminary orders.
(a) Adjudications and orders of the Board will be effective as of the date of entry.
(b) Subsection (a) supersedes 1 Pa. Code § 31.14 (relating to effective dates of agency orders).
§ 1021.17. Extensions of time.
(a) The time fixed or the period of time prescribed for the filing of a document required or permitted to be filed under this chapter, other than the notice of appeal, may be extended by the Board for good cause upon motion.
(b) The motion in subsection (a) shall conform to the provisions in § 1021.71 (relating to procedural motions).
(c) Subsections (a) and (b) supersede 1 Pa. Code § 31.15 (relating to extensions of time).
REPRESENTATION BEFORE THE BOARD § 1021.21. (Reserved).
§ 1021.22. Representation.
(a) Parties, except individuals appearing on their own behalf, shall be represented by an attorney at all stages of the proceedings subsequent to the filing of the notice of appeal.
(b) Corporations shall be represented by an attorney of record admitted to practice before the Supreme Court of Pennsylvania. Corporations may also be represented by an attorney in good standing and admitted to practice before the highest court of another state on a motion pro hac vice filed by the Pennsylvania attorney of record.
(c) Groups of individuals acting in concert, whether formally or informally, shall be represented by an attorney admitted to practice law before the Supreme Court of Pennsylvania or by an attorney in good standing admitted to practice before the highest court of another state who has made a motion to appear specially in the case and agrees therein to abide by the Rules of the Board and the Rules of Professional Conduct.
(d) Individuals may appear in person on their own behalf; however, they are encouraged to appear through counsel and may be required to appear through counsel under subsection (c) if the Board determines they are acting in concert with or as a representative of a group of individuals.
(e) Subsections (a)--(d) supersede 1 Pa. Code §§ 31.21--31.23 (relating to appearance in person; appearance by attorney; and other representation prohibited at hearings).
Subchapter B. DOCUMENTARY FILINGS
FILING AND SERVICE OF DOCUMENTS § 1021.30. Filing.
(a) Documents filed with the Board shall be filed at its headquarters--2nd Floor, Rachel Carson State Office Building, 400 Market Street, Post Office Box 8457, Harrisburg, Pennsylvania 17105-8457.
(b) The date of filing shall be the date the document is received by the Board.
(c) Documents may be filed by personal delivery, by mail or by facsimile. When a document is filed by facsimile, the original shall be deposited in the mail on the same day. If a document exceeds ten pages, the facsimile shall consist of the first five pages and last five pages of the document and the certificate of service. A filing received after the close of the business day at 4:30 pm Eastern Time shall be deemed to be filed on the following business day.
§ 1021.31. Service by the Board.
(a) Orders, notices and other documents originating with the Board shall be served upon the person designated in the notice of appearance, or if no notice of appearance has been entered, upon the person upon whom the notice of appeal or complaint was served by mail or in person.
(b) Subsection (a) supersedes 1 Pa. Code § 33.31 (relating to service by the agency).
§ 1021.32. Service by a party.
(a) Copies of each document filed with the Board shall be served upon every party to the proceeding on or before the day that the document is filed with the Board. Service upon a party represented by an attorney in the matter before the Board shall be made by serving the attorney.
(b) In matters involving requests for expedited disposition service shall be made within the ensuing 24 hours of the time of filing with the Board. For purposes of this subsection, service means actual receipt by the opposing party.
(c) Subsections (a) and (b) supersede 1 Pa. Code § 33.32 (relating to service by a participant).
§ 1021.33. Date of service.
(a) The date of service shall be the date the document served is mailed or delivered in person. When service is by mail, 3 days shall be added to the time required by this chapter for responding to the document.
(b) Subsection (a) supersedes 1 Pa. Code § 33.34 (relating to service by participant).
§ 1021.34. Certificate of service.
(a) Each document which is required to be filed with the Board shall include a certificate of service which shall certify the date and manner of service and the name and address of the person served.
(b) Subsection (a) supersedes 1 Pa. Code § 33.35 (relating to proof of service).
§ 1021.35. Number of copies.
(a) Unless otherwise ordered by the Board, the following number of copies shall be filed with the Board:
(1) Dispositive motions and post-hearing briefs--three copies.
(2) Prehearing memoranda, petitions for supersedeas and all motions, other than motions for stays, extensions and continuances of procedural deadlines--two copies.
(3) Other documents--one copy.
(b) One copy of briefs and other documents shall be served on the other parties to the proceeding.
(c) Subsections (a) and (b) supersede 1 Pa. Code § 33.37 (relating to number of copies).
§ 1021.41. Docket.
(a) The Board will maintain a docket of proceedings and a proceeding as initiated shall be assigned an appropriate designation.
(b) The Board will maintain a complete official file on proceedings.
(c) The docket and the official file shall be available for inspection and copying by the public during the office hours of the Board insofar as consistent with the proper discharge of the duties of the Board.
(d) Subsections (a)--(c) supersede 1 Pa. Code § 33.57 (relating to docket).
Subchapter C. FORMAL PROCEEDINGS
APPEALS § 1021.51. Commencement, form and content.
(a) An appeal from an action of the Department shall commence with the filing of a written notice of appeal with the Board.
(b) The caption of an appeal shall be in the following form:
ENVIRONMENTAL HEARING BOARD
2nd Floor, Rachel Carson State Office Building
400 Market Street, Post Office Box 8457
Harrisburg, Pennsylvania 17105-8457JOHN DOE, Appellant
234 Main Street, Smithtown,
Jones County, Pennsylvania 15555
(Telephone (123) 456-7890)v. Docket No. __________
Commonwealth of Pennsylvania
Department of ______ , Appellee(c) The appeal shall set forth the name, address and telephone number of the appellant.
(d) If the appellant has received written notification of an action of the Department, a copy of the action shall be attached to the appeal.
(e) The appeal shall set forth in separate numbered paragraphs the specific objections to the action of the Department. The objections may be factual or legal. An objection not raised by the appeal or an amendment thereto under § 1021.53 (relating to amendments to appeal; nunc pro tunc appeals) shall be deemed waived, provided that, upon good cause shown, the Board may agree to hear the objection. For the purpose of this subsection, good cause shall include the necessity for determining through discovery the basis of the action from which the appeal is taken.
(f) When the appeal is from an assessment of a civil penalty for which the statute requires an appellant to prepay the penalty or post a bond, the appellant shall submit to the Board with the appeal a check in the amount of the penalty or an appropriate bond securing payment of the penalty or a verified statement that the appellant is unable to pay.
(g) Concurrent with or prior to the filing of a notice of appeal, the appellant shall serve a copy thereof on each of the following:
(1) The office of the Department issuing the notice of Departmental action.
(2) The Office of Chief Counsel of the Department or agency taking the action appealed.
(3) In a third party appeal, the recipient of the action. The service shall be made at the address set forth in the document evidencing the action by the Department or at the chief place of business in this Commonwealth of the recipient.
(h) The service upon the recipient of an action as required by this section, shall subject the recipient to the jurisdiction of the Board as a party.
(i) Appellant shall provide satisfactory proof that service has been made as required by this section.
(j) Subsections (a)--(i) supersede 1 Pa. Code §§ 35.5--35.7 and 35.9--35.11 (relating to informal complaints; and formal complaints).
§ 1021.52. Timeliness of appeal.
(a) Except as specifically provided in § 1021.53 (relating to appeal nunc pro tunc), jurisdiction of the Board will not attach to an appeal from an action of the Department unless the appeal is in writing and is filed with the Board in a timely manner, as follows, unless a different time is provided by statute:
(1) The person to whom the action of the Department is directed or issued shall file its appeal with the Board within 30 days after it has received written notice of the action.
(2) Any other person aggrieved by an action of the Department shall file its appeal with the Board within one of the following:
(i) Thirty days after the notice of the action has been published in the Pennsylvania Bulletin.
(ii) Thirty days after actual notice of the action if a notice of the action is not published in the Pennsylvania Bulletin.
(b) The appellant shall, within 20 days of the mailing of a request from the Board, file missing information required by § 1021.51(c), (d) and (i) (relating to commencement, form and content) or suffer dismissal of the appeal.
(c) Subsections (a) and (b) supersede 1 Pa.Code §§ 35.5--35.7 and 35.9--35.11 (relating to informal complaints; and formal complaints).
Comment: The language ''person to whom the action of the Department is issued or directed'' is intended to include, but not be limited to, the recipient of: an order, a permit or license issuance or denial, a civil penalty assessment, or certification. See section 4(a) and (c) of the act (35 P. S. § 7515 (a) and (c)).
SPECIAL ACTIONS § 1021.56. Complaints filed by the Department.
(a) When authorized by statute the Department may initiate the action by filing a complaint or petition, together with a certificate of service and a notice of a right to respond.
(b) This action shall commence when the complaint is filed and service of the complaint and of a notice of a right to respond is made upon the defendant.
(c) The complaint shall set forth the statutory authority under which the Board is authorized to act and shall set forth in separate numbered paragraphs the specific facts and circumstances upon which the request for action is based.
(d) The notice of a right to respond or defend shall conform to the following:
[Case Caption]
NOTICE If you wish to defend against the claims set forth in the following pages, you must take action within thirty (30) days after this complaint and notice are served by entering a written appearance personally or by attorney and filing in writing with the Board your answers, defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Board without further notice for any claim or relief requested by the Department.You should take this paper to your lawyer at once. If you do not have a lawyer or cannot afford one, contact the Secretary to the Board at (717) 787-3483.(e) Subsections (a)--(d) supersede 1 Pa. Code §§ 35.5--35.7 and 35.9--35.11 (relating to informal complaints; and formal complaints).
§ 1021.57. Answers to complaints filed by the Department.
(a) Answers to complaints shall be filed with the Board within 30 days after the date of service of the complaint, unless for cause the Board, with or without motion, prescribes a different time. An answer will not be required in less than 10 days after date of service.
(b) Answers to complaints shall set forth any legal objections as well as any denial of facts, in a single pleading.
(c) Answers shall be in writing and so drawn as to fully and completely advise the parties and the Board as to the nature of the defense, including affirmative defenses. Answers shall admit or deny specifically and in detail each material allegation of the complaint and state clearly and concisely the facts and matters of law relied upon.
(d) A defendant failing to file an answer within the prescribed time shall be deemed in default and, upon motion made, all relevant facts in the complaint may be deemed admitted. Further, the Board may impose any other sanctions for failure to file an answer in accordance with § 1021.125 (relating to sanctions).
(e) No new matter or preliminary objections shall be filed.
(f) Subsections (a)--(e) supersede 1 Pa. Code §§ 35.5--35.7 and 35.35 (relating to informal complaints; and answers to complaints and petitions).
SUBSEQUENT PROCEDURE § 1021.58. Procedure after an answer is filed.
After an answer is filed the prehearing procedures in § 1021.81 (relating to prehearing procedures) shall be followed.
§ 1021.61. (Reserved).
§ 1021.64. (Reserved).
§ 1021.65. (Reserved).
§ 1021.66. (Reserved).
MOTIONS § 1021.70. General.
(a) This section applies to all motions except those made during the course of a hearing.
(b) Motions and responses shall be in writing and be signed by a party or its attorney.
(c) A copy of the motion or response shall be served on the opposing party. The motion or response shall include a certificate of service indicating the date and manner of service on the opposing party.
(d) A motion shall set forth in numbered paragraphs the facts in support of the motion and the relief requested.
(e) A response to a motion shall set forth in correspondingly-numbered paragraphs all factual disputes and the reason the opposing party objects to the motion. Material facts set forth in a motion, other than a motion for summary judgment or partial summary judgment, that are not denied may be deemed admitted for the purposes of deciding the motion.
(f) Except in the case of motions for summary judgment or partial summary judgment, for purposes of the relief sought by a motion, the Board will deem a party's failure to respond to a motion to be an admission of all properly-pleaded facts contained in the motion.
(g) Except as provided in § 1021.73(e) (relating to dispositive motions), the moving party may not file a reply to a response to its motion, unless the Board orders otherwise.
(h) Subsection (b) supplements 1 Pa. Code §§ 33.11 and 35.178 (relating to the execution of filed documents; and presentation of motions). Subsection (c) supplements 1 Pa. Code § 33.32 (relating to service by a participant) and supersedes 1 Pa. Code §§ 33.35 and 33.36 (relating to proof of service; and form of certificate of service). Subsections (d)--(f) supplement 1 Pa. Code §§ 35.177 and 35.178 (relating to the scope and content of motions; and presentation of motions).
CONSOLIDATION § 1021.80. Consolidation.
(a) The Board, on its own motion or on the motion of any party, may order proceedings involving a common question of law or fact to be consolidated for hearing of any or all of the matters in issue in such proceedings.
(b) Subsection (a) supersedes 1 Pa. Code § 35.45 (relating to consolidation).
Comment: See also § 1021.4 (relating to construction and application of rules) authorizing the Board to interpret its rules to insure just, speedy and inexpensive determinations.
PREHEARING CONFERENCES AND PREHEARING PROCEDURES § 1021.81. Prehearing procedure.
(a) Upon the filing of an appeal, the Board will issue a prehearing order providing that:
(1) Discovery shall be concluded within 90 days of the date of the prehearing order.
(2) The party with the burden of proof shall serve its expert reports and answers to all expert interrogatories within 120 days of the date of the prehearing order. The opposing party shall serve its expert reports and answers to all expert interrogatories within 30 days after receipt of the expert reports and answers to all expert interrogatories from the party with the burden of proof.
(3) Dispositive motions in a case requiring expert testimony shall be filed within 180 days of the date of the prehearing order. If neither party plans to call an expert witness, dispositive motions shall be filed within 150 days after the filing of the appeal unless otherwise ordered by the Board.
(4) The parties may, within 45 days of the date of the prehearing order, submit a Joint Proposed Case Management Order to the Board.
(b) A Joint Proposed Case Management Order shall propose alternate dates for the conclusion of discovery, the service of expert or supplemental reports, and the filing of dispositive motions. The Board may issue subsequent prehearing orders incorporating the alternate dates proposed by the parties or other dates the Board deems appropriate.
(c) After the Board resolves all dispositive motions, it will establish a hearing date for the remaining issues. The Board may also direct that the parties meet prior to the hearing to stipulate to uncontested facts, the qualifications of experts and the admissibility of exhibits.
(d) The parties shall file their prehearing memoranda at least 20 days before the scheduled hearing date.
(e) Subsection (d) supplements 1 Pa. Code § 35.121 (relating to initiation of hearings).
§ 1021.82. Prehearing memorandum.
(a) A prehearing memorandum shall contain the following:
(1) A statement of the facts in dispute and the facts upon which the parties agree.
(2) A statement of the legal issues in dispute, including citations to statutes, regulations and caselaw supporting the party's position.
(3) A description of scientific tests upon which the party will rely and a statement indicating whether an opposing party will object to their use.
(4) A list of expert witnesses whose qualifications will not be challenged and which may be entered into the record as an unchallenged exhibit.
(5) A summary of the testimony of each expert witness.
(6) The proposed order of witnesses.
(7) A list of the exhibits the party seeks to introduce into evidence and a statement indicating whether the opposing party will object to their introduction.
(8) Signed copies of any stipulations reached by the parties.
(b) The Board may impose sanctions on a party which does not comply with the requirements of subsection (a). These sanctions may include the preclusion of testimony or documentary evidence and the cancellation of the hearing.
(c) The requirements of this section apply only to a party's case-in-chief.
HEARINGS § 1021.85. Initiation of hearings.
(a) If the proceedings are at issue and a hearing is required, a formal evidentiary hearing shall be scheduled and a notice of hearing shall be sent to all parties to the proceedings.
(b) Subsection (a) supersedes 1 Pa. Code § 35.121 (relating to initiation of hearings).
§ 1021.86. Conduct of hearings.
(a) Hearings may be held, at the discretion of the Board, before the Board as a whole, by individual Board members sitting as administrative law judges, or by hearing examiners who are not members of the Board. Hearings held by hearing examiners not members of the Board will be decided by the Board based upon its review of the record and the examiner's proposed adjudication. All final decisions shall be decisions of the Board decided by majority vote. Petitions for supersedeas and other petitions and motions may be decided by the Board member hearing the petition or motion.
(b) Subsection (a) supersedes 1 Pa. Code § 35.123 (relating to the conduct of the hearings).
§ 1021.87. Continuance of hearings.
(a) Hearings may not be continued except for compelling reasons. Requests for continuances shall be submitted to the Board in writing with a copy served upon the other parties to the proceedings, except that during the course of a hearing in a proceeding, the requests may be made by oral motion in the hearing.
(b) Subsection (a) supersedes 1 Pa. Code § 31.15 (relating to extensions of time).
§ 1021.88. Motions in limine.
A party may obtain a ruling on evidentiary issues by filing a motion in limine.
§ 1021.89. Presentation by the parties.
(a) Parties shall have the right to an opening statement, presentation of evidence, cross-examination, objection, motion and argument, and closing argument.
(b) The party with the burden of proof is required to make a prima facie case by the close of its case-in-chief.
(c) Subsections (a) and (b) supersede 1 Pa. Code § 35.126 (relating to presentation by the parties).
§ 1021.90. Limiting number of witnesses and additional evidence.
(a) The Board may limit the number of witnesses upon an issue and may request a party to present additional evidence on an issue.
(b) Subsection (a) supplements 1 Pa. Code §§ 35.127 and 35.128 (relating to limiting number of witnesses; and additional evidence).
§ 1021.92. Oral argument after hearing.
(a) A party may, within 5 days after the last post-hearing briefing and prior to adjudication, request oral argument before the entire Board. The Board may grant or deny the request.
(b) Subsection (a) supersedes 1 Pa. Code § 35.204 (relating to oral argument before presiding officer).
TRANSCRIPT § 1021.104. Transcript.
(a) Hearings shall be stenographically reported and a transcript of the report shall be a part of the record.
(b) Parties desiring copies of the transcript shall obtain the copies from the official reporter.
(c) Parties shall have the opportunity to review a copy of the transcript on file with the Board.
(d) Subsections (a)--(c) supplement 1 Pa. Code §§ 35.131--35.133 (relating to general provisions).
EVIDENCE § 1021.107. Evidence.
(a) The Board is not bound by technical rules of evidence and relevant and material evidence of reasonable probative value is admissible. The Board generally applies the Pennsylvania Rules of Evidence.
(b) Copies of an exhibit to be offered into evidence shall be made available to parties at the time it is identified as an exhibit unless otherwise ordered by the Board.
(c) Witnesses shall be sworn or shall affirm.
(d) Subsections (a)--(c) supersede 1 Pa. Code §§ 35.137--35.139, 35.162 and 35.166.
§ 1021.108. Written testimony.
(a) Written testimony of a witness, on numbered lines in question and answer form, may be admitted into evidence provided the witness is present for cross-examination.
(b) Written testimony shall be filed concurrently with the prehearing memorandum unless a different time is prescribed by the Board. Objections to written testimony which can be reasonably anticipated prior to hearing shall be in writing and filed at least 5 days before the hearing unless otherwise ordered by the Board.
(c) If a party desires to file written testimony prior to the close of the record, it may do so only upon motion approved by the Board. This approval shall include the scope of the written testimony and the time for filing the testimony and service upon opposing counsel.
SUBPOENAS § 1021.114. Subpoenas.
(a) Except as otherwise provided in this chapter or by order of the Board, requests for subpoenas and subpoenas shall be governed by Pa.Rs.C.P. 234.1--234.4 and 234.6--234.9. When the term ''court'' is used in Pa.R.C.P. ''Board'' is to be understood; when the terms ''Prothonotary'' or ''clerk of court'' are used in Pa.R.C.P. ''Secretary to the Board'' is to be understood.
(b) Proof of service of the subpoena need not be filed with the Board.
(c) Subsections (a) and (b) supersede 1 Pa. Code §§ 35.139 and 35.142 (relating to fees of witnesses; and subpoenas).
BRIEFS § 1021.116. Posthearing briefs.
(a) The initial posthearing brief of each party shall contain proposed findings of fact (with references to the appropriate exhibit or page of the transcript), an argument with citation to supporting legal authority, and proposed conclusions of law.
(b) Reply briefs shall be as concise as possible and may not exceed 25 pages. Longer briefs may be permitted at the discretion of the presiding administrative law judge.
(c) An issue which is not argued in a posthearing brief may be waived.
(d) Subsections (a)--(c) supersede 1 Pa. Code §§ 35.191--35.193 (relating to briefs).
§ 1021.117. Amicus curiae.
(a) Anyone interested in legal issues involved in a matter pending before the Board may request leave to file an amicus curiae brief or memorandum of law, in regard to those legal issues. The amicus curiae shall state in its request the legal issues to be addressed in the brief and shall serve a copy of the request on all parties.
(b) If the Board grants a request, the amicus curiae shall file the brief within the time prescribed by the Board and shall serve a copy on all parties. Any party may file a response to a brief amicus curiae which is adverse to its interests.
(c) The amicus curiae may present oral argument only as the Board may direct.
ADJUDICATIONS § 1021.118. Adjudications.
(a) At the conclusion of the proceedings, the Board will issue an adjudication containing a discussion, findings of fact, conclusions of law and an order.
(b) The Board will serve a copy of the adjudication on all parties to the proceeding or their representatives.
(c) Subsections (a) and (b) supersede 1 Pa. Code § 35.226 (relating to final orders).
SANCTIONS § 1021.125. Sanctions.
The Board may impose sanctions upon a party for failure to abide by a Board order or Board rule of practice and procedure. The sanctions may include dismissing an appeal, entering adjudication against the offending party, precluding introduction of evidence or documents not disclosed, barring the use of witnesses not disclosed, or other appropriate sanctions including those permitted under Pa.R.C.P. 4019 (relating to sanctions regarding discovery matters).
PREPAYMENT OF PENALTIES § 1021.161. Prepayment of penalties.
(a) When a statute requires that an appellant prepay or post a bond to secure payment of a penalty assessed by the Department, the appellant shall submit to the Board with the appeal a check in the amount of the penalty or an appropriate bond securing payment of the penalty as required by statute. The check shall be made payable to the Commonwealth of Pennsylvania.
(b) A bond shall be in favor of the Department of Environmental Protection except in the case of the Air Pollution Control Act (35 P. S. §§ 4001--4106) which currently requires the bond to be in favor of the Board.
§ 1021.162. Hearing on inability to prepay penalty or post a bond.
(a) If an appellant submits a verified statement that he is unable to pay in accordance with § 1021.51 (relating to commencement, form and content of appeals), the Board may schedule a hearing on the validity of this claim and may require the appellant to supply appropriate financial information to the Department in advance of the hearing.
(b) If the Board determines that the appellant is able to prepay the penalty assessed or post a bond the Board will order the appellant to do so, within a period not to exceed 30 days.
APPELLATE MATTERS § 1021.171. Composition of the Certified Record on Appeal to Commonwealth Court.
(a) Unless the parties file a stipulation with the Board providing otherwise, within 20 days of the filing of the petition for review, the Board shall certify the record in accordance with Pa.R.C.P. 1951 (relating to record below in proceedings on petition for review) and the record shall consist of:
(1) A list of the docket entries.
(2) The notice of appeal and the Department action appealed to the Board, or, if the proceedings before the Board were initiated with a complaint, the complaint.
(b) In addition to items listed in subsection (a), for appeals of Board adjudication, the record shall also include:
(1) The Board's adjudication and order.
(2) The notes of testimony from the hearing, all exhibits admitted into evidence.
(3) The parties' posthearing memoranda, including requested findings of fact and conclusions of law.
(4) Petitions for reconsideration or to reopen the record, answers and accompanying exhibits.
(5) Other documents which formed the basis of the Board's adjudication.
(c) In addition to items listed in subsection (a), for appeals of Board opinions and orders, the record shall also include:
(1) The Board's opinion and order.
(2) The motion or petition which was the subject of the Board's opinion and order, together with responses, answers, and replies, and accompanying exhibits.
(3) Petitions for reconsideration of the Board's opinion and order, responses, answers, and replies, and accompanying exhibits.
(4) Other documents which formed the basis of the Board's opinion and order.
[Pa.B. Doc. No. 99-1494. Filed for public inspection September 3, 1999, 9:00 a.m.]
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