Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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Pennsylvania Code



Subchapter H. REOPENING, RECONSIDERATION AND REHEARING


Sec.


1005.221.    Reopening prior to a final decision.
1005.222.    Petitions for relief.

§ 1005.221. Reopening prior to a final decision.

 (a)  At any time after the record is closed but before a final decision is issued, a party may file a petition to reopen the proceeding for the purpose of taking additional evidence.

 (b)  A petition to reopen must set forth clearly the facts claimed to constitute grounds requiring reopening of the proceeding, including material changes of fact or of law alleged to have occurred since the conclusion of the hearing.

 (c)  Within 10 days following the service of the petition, another party may file an answer thereto.

 (d)  The record may be reopened upon notification to the parties in a proceeding for the reception of further evidence if there is reason to believe that conditions of fact or of law have so changed as to require, or that the public interest requires, the reopening of the proceeding.

   (1)  The presiding officer may reopen the record if the presiding officer has not issued a decision or has not certified the record to the Authority.

   (2)  The Authority may reopen the record after the presiding officer has issued a decision or certified the record to the Authority.

 (e)  Subsections (a)—(e) supersede 1 Pa. Code § §  35.231—35.233 (relating to reopening of record).

§ 1005.222. Petitions for relief.

 (a)  Petitions for rehearing, reargument, reconsideration, clarification, rescission, amendment, supersedeas or the like must be in writing and specify, in numbered paragraphs, the findings or orders involved, and the points relied upon by petitioner, with appropriate record references and specific requests for the findings or orders desired.

 (b)  A copy of every petition covered under subsection (a) shall be served upon each party to the proceeding.

 (c)  Petitions for reconsideration, rehearing, reargument, clarification, supersedeas or others shall be filed within 10 days after the Authority order involved is entered or otherwise becomes final.

 (d)  Answers to a petition covered under subsection (a) shall be filed and served within 10 days after service of a petition.

 (e)  The filing of a petition as provided in this section will not act to toll any period of appeal related to judicial review of an Authority action. The expiration of a period of appeal without action by the Authority will be deemed a denial of the petition by the Authority.

 (f)  Subsections (a)—(e) supersede 1 Pa. Code §  35.241 (relating to application for rehearing or reconsideration).



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