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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 2336 (April 27, 2024).

58 Pa. Code § 493a.8. Motions generally.

§ 493a.8. Motions generally.

 (a)  A motion may be made at any time after the initiation of a proceeding for procedural relief including a request for an extension of time, a continuance of a hearing or other scheduled proceeding, or a request for a prehearing conference.

 (b)  Motions may be made in writing or orally on the record. A presiding officer may require that a motion made orally also be made in writing.

 (c)  Answers or objections to written motions shall be made within 30 days after the date of service of the motion unless otherwise directed by the Board or presiding officer.

 (d)  Written motions and answers or objections to written motions shall be served upon all parties in accordance with §  491a.5 (relating to service).

 (e)  Motions to the Board seeking interlocutory determinations on rulings of a presiding officer are not permitted.

 (f)  The presiding officer may rule upon any motion filed prior to the submission of a report or report and recommendation to the Board. When a ruling on a motion would constitute a final determination of the proceedings, the ruling on the motion shall be made part of the report or report and recommendation to the Board.

 (g)  This section supersedes 1 Pa. Code § §  35.177—35.180 (relating to motions).


   The provisions of this §  493a.8 amended under 4 Pa.C.S. § §  1202(b)(30) and 1207(2) and (9).


   The provisions of this §  493a.8 amended February 1, 2013, effective February 2, 2013, 43 Pa.B. 660. Immediately preceding text appears at serial page (362153).

Cross References

   This section cited in 58 Pa. Code §  493a.11 (relating to discovery).

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