Pennsylvania Code & Bulletin

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 5624 (August 27, 2022).

52 Pa. Code § 5.231. Offers of settlement.


§ 5.231. Offers of settlement.

 (a)  It is the policy of the Commission to encourage settlements.

 (b)  Nothing contained in this chapter or Chapter 1 or 3 (relating to rules of administrative practice and procedure; and special provisions) preclude a party in a proceeding from submitting, at any time, offers of settlement or proposals of adjustment, or from requesting conferences for that purpose.

 (c)  Parties may request that the presiding officer participate in the settlement conferences or that an additional presiding officer or mediator be designated to participate in the settlement conferences.

 (d)  Offers of settlement, of adjustment, or of procedure to be followed, and proposed stipulations not agreed to by every party, including proposals intended to resolve discovery disputes, will not be admissible in evidence against a counsel or party claiming the privilege.

 (e)  Subsections (a)—(d) supersede 1 Pa. Code §  35.115 (relating to offers of settlement).


   The provisions of this §  5.231 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 504—506, 1301 and 1501.


   The provisions of this §  5.231 adopted October 12, 1984, effective January 1, 1985, 14 Pa.B. 3819; amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 414; amended April 28, 2006, effective April 29, 2006, 36 Pa.B. 2097. Immediately preceding text appears at serial page (225667).

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