Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 488 (January 27, 2024).

52 Pa. Code § 1005.213. Final orders and effect of failure to file exceptions.

§ 1005.213. Final orders and effect of failure to file exceptions.

 (a)  Enforcement proceedings. A presiding officer’s decision related to an enforcement proceeding will become a final order or adjudication of the Authority as provided in section 5705(a) of the act (relating to contested complaints).

 (b)  Other proceedings. If no exceptions are filed in a proceeding included within §  1005.211(a) (relating to exceptions to recommended decisions), the decision of the presiding officer will become a final order or adjudication of the Authority without further Authority action unless, within 15 days after the decision is issued, two or more members of the Authority request that the General Counsel schedule the decision for Authority review. Authority action on exceptions will be a final order or adjudication.

 (c)  Supersession. Subsections (a) and (b) supersede 1 Pa. Code § §  35.213 and 35.226 (relating to effect of failure to except to proposed report; and final orders).

Cross References

   This section cited in 52 Pa. Code §  1001.13 (relating to issuance of Authority orders); 52 Pa. Code §  1003.13 (relating to hearings following issuance of emergency orders); 52 Pa. Code §  1003.25 (relating to Authority review of interim emergency orders); and 52 Pa. Code §  1003.32 (relating to out of service designation).



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