Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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34 Pa. Code § 95.34. Answers.

§ 95.34. Answers.

 (a)  The Board recognizes that the primary purpose of pleadings is the formulation of issues. Consequently, rules pertaining to pleadings will be liberally construed to effect that end.

 (b)  No answer need be filed in representation cases.

 (c)  The respondent shall, except in charges provided for in section 803 or 1201(b)(6) or (7) of the act (43 P. S. §  1101.803 or 1101.1201(b)(6) or (7)) file an answer to the original or amended complaint within 15 days from the service of the complaint. Answers shall be verified by the person filing them, and shall be filed with the Board at Harrisburg or at its regional offices. Copies of answers shall be served upon the parties to the proceeding. Proof of service of the answer shall be filed with the Board. A party who fails to file an answer or to specifi-cally deny allegations in the complaint shall be deemed to admit only those averments relating to the identity of the parties; all other averments shall be deemed to be denied.

 (d)  In the discretion of the hearing examiner at the hearing, or in the discretion of the Board, an answer may be amended upon motion of the party filing it, upon due notice to the parties, before the issuance of the final decision and order. The motion must be in writing unless made during the conduct of the hearing.

Source

   The provisions of this §  95.34 adopted October 23, 1970, effective October 24, 1970, 1 Pa.B. 419; amended August 29, 1975, effective August 30, 1975, 5 Pa.B. 2261. Immediately preceding text appears at serial page (17322).



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