§ 5.371. Sanctionsgeneral.
(a) The Commission or the presiding officer may, on motion, make an appropriate order if one of the following occurs:
(1) A party fails to appear, answer, file sufficient answers, file objections, make a designation or otherwise respond to discovery requests, as required under this subchapter.
(2) A party deponent or an officer or managing agent of a party refuses to obey or induces another to refuse to obey an order of a presiding officer respecting discovery, or induces another not to appear.
(b) A motion for sanctions may be answered within 5 days of service or, in the alternative, the motion may be answered orally at a hearing if a timely hearing has been scheduled within the same 5-day period.
(c) The presiding officer will rule on the motion as soon as practicable. The motion should be decided within 20 days of its presentation.
(d) A failure to act described in subsection (a) may not be excused on the ground that the discovery sought is objectionable unless the party failing to act has filed an appropriate objection or has applied for a protective order.
(e) If a deponent refuses to be sworn or to answer a question, the deposition shall be completed on other matters or adjourned, as the proponent of the question may prefer. Thereafter, on reasonable notice to persons affected thereby, the proponent may apply to the presiding officer for an order compelling the witness to be sworn or to answer.
The provisions of this § 5.371 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 504506, 1301 and 1501.
The provisions of this § 5.371 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 pages (225700) to (225701).
This section cited in 52 Pa. Code § 5.224 (relating to prehearing conference in rate proceedings); and 52 Pa. Code § 5.372 (relating to sanctionstypes).
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