§ 11.11. Motions.
(a) A respondent may file prior to or with his answer a motion that the allegations in, or legal grounds for, the complaint or petition be made more definite and certain. A motion shall point out the defects complained of and details desired. The Department will determine if an amendment to the complaint or petition is warranted and, if so, prescribe a time period for an amended complaint or petition to be filed.
(b) A respondent may file at any time, before or after the filing of his answer, a motion to dismiss a complaint or petition.
(1) The motion may be filed with supporting affidavits or documents, including additional items or proceedings of the local government unit submitted to the Department under the act.
(2) The complainant or petitioner shall have an opportunity to file responsive affidavits or documents.
(3) The complaint or petition shall be dismissed if the pleadings, together with affidavits or documents, if any, and the proceedings of the local government unit which are the subject matter of the complaint or petition show that there is no genuine issue as to a material fact and that the moving party is entitled to dismissal of the complaint or petition as a matter of law.
(c) The presiding officer at any time may schedule oral argument on a motion. Written notice of the time, date and place of the oral argument shall be mailed to each party at least 7-calendar days prior to the date set down for oral argument. The presiding officer may prescribe the format and conditions for the conduct of an oral argument, including, without limitation, the order of the proceeding, and the filing of briefs and responsive submittals. The presiding officer shall issue an order promptly on the motion and, if deemed appropriate by the presiding officer, file a written opinion thereon, or shall prepare a report for submission to the Secretary, as permitted by this chapter.
(d) This section supersedes 1 Pa. Code § § 35.54, 35.55 and 35.17735.180.
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