Pennsylvania Code & Bulletin

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 4384 (July 30, 2022).

52 Pa. Code § 1005.113. Failure to appear, proceed or maintain order in proceedings.

§ 1005.113. Failure to appear, proceed or maintain order in proceedings.

 (a)  Except as provided in §  1005.13(c) (relating to citation complaints by the Authority), after being notified, a party who fails to be represented at a scheduled conference or hearing in a proceeding will:

   (1)  Be deemed to have waived the opportunity to participate in the conference or hearing.

   (2)  Not be permitted thereafter to reopen the disposition of a matter accomplished at the conference or hearing.

   (3)  Not be permitted to recall witnesses who were excused from further examination.

 (b)  Subsection (a) does not apply if the presiding officer determines that the failure to be represented was unavoidable and that the interests of the other parties and of the public would not be prejudiced by permitting the reopening or further examination. Counsel shall be expected to go forward with the examination of witnesses at the hearing under §  1005.111 (relating to order of procedure), or as has been otherwise stipulated or has been directed by the presiding officer.

 (c)  If the Authority or the presiding officer finds, after notice and opportunity for hearing, that the actions of a party, including an intervenor, in a proceeding obstruct the orderly conduct of the proceeding and are inimical to the public interest, the Authority or the presiding officer may take appropriate action, including dismissal of the complaint, application or petition, if the action is that of complainant, applicant or petitioner.

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