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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 51 Pa.B. 6892 (October 30, 2021).

Pennsylvania Code



Subchapter E. EVIDENCE AND WITNESSES


EVIDENCE

Sec.


5.401.    Admissibility of evidence.
5.402.    Admission of evidence.
5.403.    Control of receipt of evidence.
5.404.    Additional evidence.
5.405.    Effect of pleadings.
5.406.    Public documents.
5.407.    Records of other proceedings.
5.408.    Official and judicial notice of fact.
5.409.    Copies and form of documentary evidence.

WITNESSES


5.411.    Oral examination.
5.412.    Written testimony.
5.412a.    Electronic submission of pre-served testimony.
5.413.    [Reserved].
5.414.    Offers of proof.

SUBPOENAS


5.421.    Subpoenas.
5.423.    [Reserved].
5.424.    Issuance of subpoenas.

CLOSE OF THE RECORD


5.431.    Close of the record.

EVIDENCE


§ 5.401. Admissibility of evidence.

 (a)  Relevant and material evidence is admissible subject to objections on other grounds.

 (b)  Evidence will be excluded if:

   (1)  It is repetitious or cumulative.

   (2)  Its probative value is outweighed by:

     (i)   The danger of unfair prejudice.

     (ii)   Confusion of the issues.

     (iii)   Considerations of undue delay or waste of time.

 (c)  Subsections (a) and (b) supersede 1 Pa. Code §  35.161 (relating to form and admissibility of evidence).

Authority

   The provisions of this §  5.401 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 504—506, 1301 and 1501.

Source

   The provisions of this §  5.401 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, effective April 29, 2006, 36 Pa.B. 2097. Immediately preceding text appears at serial page (225703).

§ 5.402. Admission of evidence.

 (a)  A party shall move the admission of evidence into the record upon presentation of the sponsoring witness, and after opportunity for other parties to examine the witness.

 (b)  For an exhibit to be received into evidence, it shall be marked for identification and moved into evidence.

 (c)  Subsections (a) and (b) supersede 1 Pa. Code §  35.162 (relating to reception and ruling on evidence).

Authority

   The provisions of this §  5.402 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 504—506, 1301 and 1501.

Source

   The provisions of this §  5.402 adopted October 12, 1984, effective January 1, 1985, 14 Pa.B. 3819; amended April 28, 2006, effective April 29, 2006, 36 Pa.B. 2097. Immediately preceding text appears at serial page (225703).

Cross References

   This section cited in 52 Pa. Code §  5.431 (relating to close of the record).

§ 5.403. Control of receipt of evidence.

 (a)  The presiding officer shall have all necessary authority to control the receipt of evidence, including the following:

   (1)  Ruling on the admissibility of evidence.

   (2)  Confining the evidence to the issues in the proceeding and impose, where appropriate:

     (i)   Limitations on the number of witnesses to be heard.

     (ii)   Limitations of time and scope for direct and crossexaminations.

     (iii)   Limitations on the production of further evidence.

     (iv)   Other necessary limitations.

 (b)  The presiding officer will actively employ these powers to direct and focus the proceedings consistent with due process.

 (c)  Subsections (a) and (b) supersede 1 Pa. Code § §  35.127, 35.162 and 35.163 (relating to limiting number of witnesses; reception and ruling on evidence; and designation of relevant portions of documentary evidence).

Source

   The provisions of this §  5.403 adopted October 12, 1984, effective January 1, 1985, 14 Pa.B. 3819.

§ 5.404. Additional evidence.

 (a)  At any stage of the hearing or thereafter the Commission or the presiding officer may call for further admissible evidence upon an issue and require that the evidence be presented by the parties concerned, either at the hearing or at the adjournment thereof.

 (b)  Subsection (a) supersedes 1 Pa. Code §  35.128 (relating to additional evidence).

Authority

   The provisions of this §  5.404 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 504—506, 1301 and 1501.

Source

   The provisions of this §  5.404 adopted October 12, 1984, effective January 1, 1985, 14 Pa.B. 3819; amended April 28, 2006, effective April 29, 2006, 36 Pa.B. 2097. Immediately preceding text appears at serial page (225704).

Cross References

   This section cited in 52 Pa. Code §  5.251 (relating to recording of proceedings).

§ 5.405. Effect of pleadings.

 (a)  Pleadings listed in §  5.1 (relating to pleadings allowed) shall, without further action, be considered as part of the record as pleadings.

 (b)  Except as provided in subsection (c) and in the case of a noncontested proceeding, a pleading, or any part thereof may not be considered as evidence of a fact other than that of filing thereof unless offered and received into evidence.

 (c)  A fact admitted by a party in an answer, filed under oath, to a numbered allegation in a pleading may be considered as evidence of the fact without the pleading and answer being offered and received into evidence.

 (d)  Subsections (a) and (b) supersede 1 Pa. Code §  35.125(d) (relating to order of procedure). Subsection (c) supersedes 1 Pa. Code §  35.35 (relating to answers to complaints and petitions).

Authority

   The provisions of this §  5.405 amended under the Public Utility Code, 66 Pa.C.S. § §  309—311, 315, 331—335, 501, 504—506, 701—703, 1101—1103, 1301 and 1501.

Source

   The provisions of this §  5.405 adopted October 12, 1984, effective January 1, 1985, 14 Pa.B. 3819; amended December 2, 1988, effective January 3, 1989, 18 Pa.B. 5451; amended April 28, 2006, effective April 29, 2006, 36 Pa.B. 2097. Immediately preceding text appears at serial pages (225704) to (225705).

§ 5.406. Public documents.

 (a)  A report, decision, opinion or other document or part thereof, need not be produced or marked for identification, but may be offered in evidence as a public document by specifying the document or part thereof and where it may be found, if the document is one of the following:

   (1)  A report or other document on file with the Commission.

   (2)  An official report, decision, opinion, published scientific or economic statistical data or similar public document which is issued by a governmental department, agency, committee, commission or similar entity which is shown by the offeror to be reasonably available to the public.

 (b)  Upon the request of a party and at the direction of the presiding officer or the Commission, a party who incorporates by reference a pleading shall provide a copy of the pleading to the party requesting one.

 (c)  Subsections (a) and (b) supersede 1 Pa. Code § §  35.165 and 35.166 (relating to public documents; and prepared expert testimony).

Authority

   The provisions of this §  5.406 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 504—506, 1301 and 1501.

Source

   The provisions of this §  5.406 adopted October 12, 1984, effective January 1, 1985, 14 Pa.B. 3819; amended April 28, 2006, effective April 29, 2006, 36 Pa.B. 2097. Immediately preceding text appears at serial page (225705).

§ 5.407. Records of other proceedings.

 (a)  When a portion of the record in another proceeding before the Commission is offered in evidence and shown to be relevant and material to the instant proceeding, a true copy of the record shall be presented in the form of an exhibit, together with additional copies as provided in §  5.409 (relating to copies and form of documentary evidence), unless both of the following occur:

   (1)  The party offering the record agrees to supply, within a period of time specified by the Commission or the presiding officer, the copies at his own expense, if any, when so required.

   (2)  The portion is specified with particularity so as to be readily identified, and upon motion is admitted into evidence by reference to the records of the other proceedings.

 (b)  Subsection (a) is identical to 1 Pa. Code §  35.167 (relating to records in other proceedings).

Authority

   The provisions of this §  5.407 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 504—506, 1301 and 1501.

Source

   The provisions of this §  5.407 adopted October 12, 1984, effective January 1, 1985, 14 Pa.B. 3819; amended April 28, 2006, effective April 29, 2006, 36 Pa.B. 2097. Immediately preceding text appears at serial page (225705).

§ 5.408. Official and judicial notice of fact.

 (a)  Official notice or judicial notice of facts may be taken by the Commission or the presiding officer.

 (b)  When the decision of the Commission or the presiding officer rests on official notice or judicial notice of a material fact not appearing in the evidence in the record, the parties will be so notified.

 (c)  Upon notification that facts are about to be or have been noticed, a party adversely affected shall have the opportunity upon timely request to show that the facts are not properly noticed or that alternative facts should be noticed.

 (d)  The Commission or the presiding officer in its discretion will determine whether written presentations suffice, or whether oral argument, oral evidence or cross-examination is appropriate in the circumstances.

 (e)  The Commission or presiding officer may also give official notice as the term is defined in section 331(g) of the act (relating to powers of commission and administrative law judges).

 (f)  Subsections (a)—(e) supersede 1 Pa. Code §  35.173 (relating to official notice of facts).

Authority

   The provisions of this §  5.408 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 504—506, 1301 and 1501.

Source

   The provisions of this §  5.408 adopted October 12, 1984, effective January 1, 1985, 14 Pa.B. 3819; amended April 28, 2006, effective April 29, 2006, 36 Pa.B. 2097. Immediately preceding text appears at serial page (225706).

§ 5.409. Copies and form of documentary evidence.

 (a)  Except as otherwise provided in this chapter, Chapters 1 and 3 (relating to rules of administrative practice and procedure; and special provisions), when exhibits of a documentary character are offered in evidence, copies shall be furnished to the presiding officer and to the parties present at the hearing, unless the presiding officer otherwise directs. Two copies of each exhibit of documentary character shall be furnished for the use of the Commission unless otherwise directed by the presiding officer.

 (b)  Whenever practicable, all exhibits of a documentary character received in evidence must be on paper of good quality and so prepared as to be plainly legible and durable, whether printed, typewritten or otherwise reproduced, and conform to Chapter 1, Subchapter D (relating to documentary filings) whenever practicable.

 (c)  Subsection (a) is identical to 1 Pa. Code §  35.169 (relating to copies to parties and agency). Subsection (b) is identical to 1 Pa. Code §  35.168 (relating to form and size of documentary evidence).

Authority

   The provisions of this §  5.409 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 504—506, 1301 and 1501.

Source

   The provisions of this §  5.409 adopted October 12, 1984, effective January 1, 1985, 14 Pa.B. 3819; amended April 28, 2006, effective April 29, 2006, 36 Pa.B. 2097. Immediately preceding text appears at serial page (225706).

Cross References

   This section cited in 52 Pa. Code §  5.74 (relating to filing of petitions to intervene); and 52 Pa. Code §  5.407 (relating to records of other proceedings).

WITNESSES


§ 5.411. Oral examination.

 (a)  Witnesses shall be examined orally unless the testimony is taken by deposition as provided in § §  5.343—5.348 or the facts are stipulated in the manner provided in §  5.232 (relating to stipulations made in conferences) or in §  5.234 (relating to presentation and effect of stipulations) or the testimony is submitted in prepared written form as provided in §  5.324 (relating to discovery of expert testimony). Witnesses whose testimony is to be taken shall be sworn, or shall affirm, before their testimony shall be deemed evidence in the proceeding or any questions are put to them.

 (b)  Subsection (a) is identical to 1 Pa. Code §  35.137 (relating to oral examination).

Source

   The provisions of this §  5.411 adopted October 12, 1984, effective January 1, 1985, 14 Pa.B. 3819.

§ 5.412. Written testimony.

 (a)  General. Use of written testimony in Commission proceedings is encouraged, especially in connection with the testimony of expert witnesses. Written direct testimony is required of expert witnesses testifying in rate cases.

 (b)  Use. The presiding officer may direct that expert testimony to be given upon direct examination be submitted as prepared written testimony. A reasonable period of time will be allowed to prepare written testimony.

 (c)  Rules regarding use. Written testimony is subject to the same rules of admissibility and cross-examination of the sponsoring witness as if it were presented orally in the usual manner.

 (d)  Cross-examination. Cross-examination of the witness presenting written testimony shall proceed at the hearing at which testimony is authenticated if service of the written testimony is made upon each party of record at least 20 days prior to the hearing, unless the presiding officer for good cause otherwise directs. In a rate proceeding, the presiding officer or the Commission will establish the schedule for the filing and authentication of written testimony, and for cross-examination by other parties.

 (e)  Form. Written testimony must normally be prepared in question and answer form, include a statement of the qualifications of the witness and be accompanied by exhibits to which it relates. A party offering prepared written testimony shall insert line numbers in the left-hand margin on each page. A party should also use a logical and sequential numbering system to identify the written testimony of individual witnesses.

 (f)  Service. Written testimony shall be served upon the presiding officer and parties in the proceeding in accordance with the schedule established by this chapter. At the same time the testimony is served, a certificate of service for the testimony shall be filed with the Secretary. Pre-served testimony furnished to the court reporter during an adjudicatory proceeding before the Commission shall be filed with the Commission as required under §  5.412a (relating to electronic submission of pre-served testimony).

 (g)  Copies. At the hearing at which the testimony is authenticated, counsel for the witness shall provide two copies of the testimony to the court reporter.

 (h)  Supersession. Subsections (a)—(g) supersede 1 Pa. Code § §  35.138, 35.150 and 35.166 (relating to expert witnesses; scope and conduct of examination; and prepared expert testimony).

Authority

   The provisions of this §  5.412 amended under the Public Utility Code, 66 Pa.C.S. § §  309—311, 315, 331—335, 501, 504—506, 701—703, 1101—1103, 1301 and 1501.

Source

   The provisions of this §  5.412 adopted October 12, 1984, effective January 1, 1985, 14 Pa.B. 3819; amended December 2, 1988, effective January 3, 1989, 18 Pa.B. 5451; amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 414; amended April 28, 2006, effective April 29, 2006, 36 Pa.B. 2097; amended December 19, 2014, effective December 20, 2014, 44 Pa.B. 7852. Immediately preceding text appears at serial pages (368433) to (368434).

Cross References

   This section cited in 52 Pa. Code §  5.412a (relating to electronic submission of pre-served testimony).

§ 5.412a. Electronic submission of pre-served testimony.

 (a)  General requirement for electronic submission. A party serving pre-served testimony in proceedings pending before the Commission under §  5.412(f) (relating to written testimony) is required, within 30 days after the final hearing in an adjudicatory proceeding, unless the time period is otherwise modified by the presiding officer, to electronically file with, under §  1.32(b) (relating to filing specifications), or provide to the Secretary’s Bureau a compact disc or technology prescribed by the Commission containing the testimony furnished by the party to the court reporter during the proceeding.

 (b)  Form of electronic submission. Electronically submitted testimony must be limited to pre-served testimony documents and be in Portable Document Format. Exhibits attached to pre-served testimony documents may be electronically submitted to the Commission in accordance with subsection (a). Exhibits not electronically submitted with pre-served testimony shall be submitted in paper form to the court reporter at hearing. The electronic submission requirements in this section do not apply to discovery requests or responses, or pre-filed testimony, including testimony filed under §  53.53(c) (relating to information to be furnished with proposed general rate increase filings in excess of $1 million).

   (1)  Electronic submission. Each piece of pre-served testimony filed through the Commission’s electronic filing system shall be uploaded separately. Each piece of pre-served testimony submitted to the Secretary’s Bureau on a compact disc or other technology as prescribed by the Commission may be uploaded onto one compact disc, pending file size limitations.

   (2)  Electronic submission of testimony modified at hearing. Pre-served testimony submitted to the Commission must match exactly the version of testimony the presiding officer has required to be submitted to the court reporter at hearing. When a presiding officer requires a party to make hand-marked modifications to testimony during the hearing before submitting the testimony to the court reporter, the pre-served testimony electronically submitted to the Commission shall be marked to reflect the modifications. When a presiding officer does not require a party to make modifications to testimony at hearing before submitting the testimony to the court reporter, the pre-served testimony electronically submitted to the Commission may not be marked. Testimony not admitted into the record during a hearing may not be electronically submitted to the Commission.

     (i)   Electronic submission of testimony striken at hearing. Pre-served testimony which was stricken at hearing shall be revised to reflect that which was stricken by containing hand-marked strikethroughs or electronic strikethroughs on the testimony. A party may not completely electronically delete testimony which was striken at hearing.

     (ii)   Pagination of electronically submitted testimony documents. Striken or modified text on electronically submitted pre-served testimony documents must appear on the same page as the striken or modified text on the pre-served testimony documents submitted to the court reporter at hearing.

   (3)  Labeling of electronically submitted testimony. Pre-served testimony electronically submitted to the Commission must be labeled consistent with the following examples:

     (i)   ‘‘


St. No.
Direct Testimony of
.’’

     (ii)   ‘‘


St. No.
-R Rebuttal Testimony of
.’’

     (iii)   ‘‘


St. No.
-SR Surrebuttal Testimony of
.’’

 (c)  Submission of paper copies of pre-served testimony to the court reporter when electronically filing pre-served testimony. When electronically filing pre-served testimony with the Commission, one paper copy of pre-served testimony shall be provided to the court reporter at hearing.

 (d)  Electronic submission of confidential or proprietary testimony. Electronically submitted testimony confidential or proprietary in nature shall be submitted to the Secretary’s Bureau on a compact disc or other technology as prescribed by the Commission. The compact disc must be labeled ‘‘CONFIDENTIAL’’ or ‘‘PROPRIETARY.’’ Confidential or proprietary testimony may not be filed through the Commission’s electronic filing system. Electronically submitted testimony confidential or proprietary in nature must match exactly the version of the confidential or proprietary testimony submitted to the court reporter at hearing.

 (e)  Electronic submission of improper testimony. If a party in an adjudicatory proceeding discovers that improper testimony documents have been electronically submitted to the Commission, the party may raise the improper submission with the presiding officer assigned to the adjudicatory proceeding. The presiding officer or the Commission will make a determination regarding the submission of improper testimony.

 (f)  Electronic access to electronically submitted testimony. A party shall obtain an eFiling account with the Commission to view electronically submitted pre-served testimony and to receive daily action alerts from the Commission’s case and document management database that pre-served testimony has been electronically submitted to the Commission.

Source

   The provisions of this §  5.412a adopted December 19, 2014, effective December 20, 2014, 44 Pa.B. 7852.

Cross References

   This section cited in 52 Pa. Code §  5.412 (relating to written testimony).

§ 5.413. [Reserved].


Source

   The provisions of this §  5.413 adopted October 12, 1984, effective January 1, 1985, 14 Pa.B. 3819; reserved January 24, 1997, effective January 25, 1997, 27 Pa.B. 414. Immediately preceding text appears at serial page (216001).

§ 5.414. Offers of proof.

 (a)  An offer of proof may be requested when opposing counsel contends the witness is not competent to testify to the subject matter or that the evidence to be offered is inadmissible. An offer of proof also may be made when the presiding officer has sustained an objection to the admission of testimony or tangible evidence. If the proffered evidence is tangible, it shall be marked for identification and shall constitute the offer of proof. If the proffered evidence is oral testimony, the offer of proof shall consist of a summary of the evidence which counsel contends would be adduced by the testimony. The presiding officer may also request a statement of the basis for admissibility of the evidence.

 (b)  Subsection (a) supersedes 1 Pa. Code §  35.190(b) (relating to appeals to agency head from rulings of presiding officers).

Source

   The provisions of this §  5.414 adopted October 12, 1984, effective January 1, 1985, 14 Pa.B. 3819.

SUBPOENAS


§ 5.421. Subpoenas.

 (a)  Issuance.

   (1)  A subpoena may be issued by the Commission upon its own motion.

   (2)  Other than under paragraph (1), a subpoena will issue only upon application in writing to the presiding officer, except that during a hearing in a proceeding, the application may be made orally on the record before the presiding officer, who will determine the necessity of issuing the subpoena.

 (b)  Form. The written application:

   (1)  Must specify as nearly as possible the general relevance, materiality and scope of the testimony or documentary evidence sought, including, as to documentary evidence, specification as nearly as possible of the documents desired.

   (2)  Must list the facts to be proved by the documents in sufficient detail to indicate the necessity of the documents.

   (3)  Must contain a notice that a response or objection to the application shall be filed with the Commission and presiding officer within 10 days of service of the application.

   (4)  Must include a certificate of service.

   (5)  May attach the proposed subpoena to the application.

 (c)  Service. An application for a subpoena shall be filed with the Commission and copies served by the petitioner upon:

   (1)  The party, person or individual to be subpoenaed.

   (2)  The presiding officer.

   (3)  The parties.

   (4)  The Commission’s Law Bureau, if the subpoena is directed to a Commission employee.

   (5)  The person or individual for whom the subpoena is sought when the person is not a party to the case. When the person or individual for whom a subpoena is sought is not a party to the case, the application must identify the persons—names and addresses—including the Secretary and presiding officer, to whom the answer or objection shall be sent.

 (d)  Service and return.

   (1)  Personal service. If service of the subpoena is made by a sheriff, like officer or deputy, service shall be evidenced by the return thereof. If made by another person, the person shall make affidavit thereof, describing the manner in which service was made, and return the affidavit on or with the original subpoena. In case of failure to make service, the reasons for the failure shall be stated on the original subpoena. In making service, a copy of the subpoena shall be exhibited to and left with the person to be served. The original subpoena, bearing or accompanied by the authorized return, affidavit or statement, shall be returned to the Secretary, or, if so directed on the subpoena, to the presiding officer before whom the person named in the subpoena is required to appear.

   (2)  Service by mail. Service of a subpoena upon a party, person or individual may also be accomplished by mail under § §  1.54 and 1.55 (relating to service by a party; and service on attorneys), or by a form of mail requiring a return receipt, postage prepaid, restricted delivery. Service is complete upon delivery of the mail to the party or the persons referred to in Pa.R.C.P. No. 402(a)(2) (relating to manner of service acceptance of service).

 (e)  Fees of witnesses. A witness subpoenaed by the Commission will be paid the same fees and mileage as paid for the like services in the courts of common pleas. A witness subpoenaed by a party shall be paid the same fees by the party. The Commission, before issuing a subpoena as provided in this section, may require a deposit of an amount adequate to cover the fees and mileage involved or require reasonable surety consistent with §  3.8 (relating to form of interim emergency orders).

 (f)  Objections and decision. A party, person or individual objecting to an application for a subpoena under this section may do so within 10 days in accordance with subsection (b)(3). The administrative law judge will address an objection within 10 days of the assignment of any objection filed under this section.

 (g)  Supersession. Subsections (a)—(e) supersede 1 Pa. Code §  35.142 (relating to subpoenas).

Authority

   The provisions of this §  5.421 amended under the Public Utility Code, 66 Pa.C.S. § §  309—311, 315, 331—335, 501, 504—506, 523, 701—703, 1101—1103, 1301, 1501 and 1504.

Source

   The provisions of this §  5.421 adopted October 12, 1984, effective January 1, 1985, 14 Pa.B. 3819; amended December 2, 1988, effective January 3, 1989, 18 Pa.B. 5451; 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 (225709) to (225710).

Cross References

   This section cited in 52 Pa. Code §  5.373 (relating to subpoenas); and 52 Pa. Code §  5.424 (relating to issuance of subpoenas).

§ 5.423. [Reserved].


   (Editor’s Note: This section has been replaced by 52 Pa. Code §  5.365 (relating to orders to limit availability of proprietary information).)

Authority

   The provisions of this §  5.423 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 504—506, 1301 and 1501; amended under the Public Utility Confidential Security Information Disclosure Protection Act (35 P. S. § §  2141.1—2141.6); and 66 Pa.C.S. § §  501 and 1501; reserved under the Public Utility Code, 66 Pa.C.S. § §  501, 504—506 and 1501.

Source

   The provisions of this §  5.423 adopted December 2, 1988, effective January 3, 1989, 18 Pa.B. 5451; amended April 28, 2006, effective April 29, 2006, 36 Pa.B. 2097; amended August 22, 2008, effective August 23, 2008, 38 Pa.B. 4608; reserved September 20, 2013, effective September 21, 2013, 43 Pa.B. 5593. Immediately preceding text appears at serial pages (337312) to (337314).

Cross References

   This section cited in 52 Pa. Code §  5.362 (relating to protective orders); 52 Pa. Code §  53.64 (relating to filing requirements for natural gas distributors with gross intrastate annual operating revenues in excess of $40 million); and 52 Pa. Code §  71.9 (relating to financial reports as public documents).

§ 5.424. Issuance of subpoenas.

 (a)  If issuance of a subpoena is required by operation of this chapter, or because a party or witness has not otherwise appeared, issuance of the subpoena shall be in accordance with §  5.421 (relating to subpoenas).

 (b)  Subsection (a) supersedes 1 Pa. Code §  35.142 (relating to subpoenas).

Authority

   The provisions of this §  5.424 issued under the Public Utility Code, 66 Pa.C.S. § §  501, 504, 523, 1301, 1501 and 1504.

Source

   The provisions of this §  5.424 adopted September 20, 2013, effective September 21, 2013, 43 Pa.B. 5593.

CLOSE OF THE RECORD


§ 5.431. Close of the record.

 (a)  The record will be closed at the conclusion of the hearing unless otherwise directed by the presiding officer or the Commission.

 (b)  After the record is closed, additional matter may not be relied upon or accepted into the record unless allowed for good cause shown by the presiding officer or the Commission upon motion.

 (c)  Subsections (a) and (b) supersede 1 Pa. Code § §  35.231 and 35.232 (relating to reopening on application of party; and reopening by presiding officer).

Authority

   The provisions of this §  5.431 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 504—506, 1301 and 1501.

Source

   The provisions of this §  5.431 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 (287760).



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