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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 5486 (August 26, 2023).

49 Pa. Code § 37.101. Exceptions to the hearing examiner’s decision.


§ 37.101. Exceptions to the hearing examiner’s decision.

 (a)  A participant desiring to except to a hearing examiner’s decision shall, within 30 days after the service of a copy of the proposed report, file exceptions to the proposed report in a brief, designated as a ‘‘Brief On Exceptions.’’ A ‘‘Brief Opposing Exceptions’’ may be filed in response to a Brief On Exceptions within 20 days after service of a copy of the Brief On Exceptions. Further response will not be entertained by the Board.

 (b)  The content and form of briefs on exceptions shall be in accordance with 1 Pa. Code §  35.212 (relating to content and form of briefs on exceptions).

 (c)  Failure to file a brief on exceptions within the time specified in subsection (a) constitutes a waiver of objections to the proposed report. The Board will thereupon commence its review of the proposed report and prepare and issue the final order of the Board, which will either be an order adopting the hearing examiner’s proposed report or an adjudication and order of the Board. This subsection supplements 1 Pa. Code §  35.226 (relating to final orders).


   The provisions of this §  37.101 adopted January 21, 1994, effective January 22, 1994, 24 Pa.B. 518.

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