§ 35.37. Answers to orders to show cause.

 A person upon whom an order to show cause has been served under §  35.14 (relating to orders to show cause) shall, if directed so to do, respond to the same by filing within the time specified in the order an answer in writing. The answer shall be drawn so as specifically to admit or deny the allegations or charges which may be made in the order, set forth the facts upon which respondent relies and state concisely the matters of law relied upon. Mere general denials of the allegations of an order to show cause which general denials are unsupported by specific facts upon which respondent relies, will not be considered as complying with this section and may be deemed a basis for entry of a final order without hearing, unless otherwise required by statute, on the ground that the response has raised no issues requiring a hearing or further proceedings. A respondent failing to file answer within the time allowed shall be deemed in default, and relevant facts stated in the order to show cause may be deemed admitted.

Notes of Decisions

   Admission Based on Denial

   A member of the Amish community was found guilty of practicing dentistry without a license based in part upon this regulation which as the State Board of Dentistry noted provides that a mere general denial is deemed an admission following the Amish gentleman’s comment that he was ‘‘willing to take [his] punishment for the sake of [his] people.’’ Zook v. State Board of Dentistry, 683 A.2d 713 (Pa. Cmwlth. 1996).

   Default

   If an educator fails to timely respond to Notice of Charges, an educator is deemed to have defaulted under this regulation, and the Professional Standards and Practices Commission may deem admitted the relevant facts stated in the Notice of Charges and proceed to consideration of discipline based upon the admitted facts and exhibits to the Notice of Charges. Kinniry v. Professional Standards & Practices Commission, 678 A.2d 1230 (Pa. Cmwlth. 1996).

Cross References

   This section cited in 1 Pa. Code §  35.14 (relating to orders to show cause); 7 Pa. Code §  131.22 (relating to special actions); 10 Pa. Code §  606.041 (relating to delegation and substitution); 12 Pa. Code §  11.9 (relating to answers to complaints and petitions); 22 Pa. Code §  233.115 (relating to notice and hearings); 22 Pa. Code §  351.1 (relating to purpose and scope); 28 Pa. Code §  101.121 (relating to demand for hearing); 28 Pa. Code §  709.18 (relating to hearings); 28 Pa. Code §  711.18 (relating to hearings); 34 Pa. Code §  3a.9 (relating to suspension or revocation of Pennsylvania inspector commission); 34 Pa. Code §  3a.99 (relating to notice of deficiency); 34 Pa. Code §  13.52 (relating to notice of deficiency); 34 Pa. Code §  49.14 (relating to answer to order to show cause); 34 Pa. Code §  60.11 (relating to enforcement); 34 Pa. Code §  111.15 (relating to no other pleadings allowed); 34 Pa. Code §  121.27 (relating to orders to show cause); 34 Pa. Code §  129.1602 (relating to order to show cause/penalties); 34 Pa. Code §  131.33 (relating to answers except answers to petitions for joinder and challenge proceedings); 34 Pa. Code 131.121 (relating to penalty proceedings initiated by a party); 34 Pa. Code §  131.122 (relating to other penalty proceedings); 34 Pa. Code §  401.14 (relating to decertification or refusal to certify); 34 Pa. Code §  501.8 (relating to hearings/appeals); 40 Pa. Code §  17.13 (relating to protests/intervention procedure); 43 Pa. Code §  7.12 (relating to discipline and discharge); 52 Pa. Code §  1005.41 (relating to answers to complaints, petitions, motions and other filings requiring a response); 58 Pa. Code §  51.24 (relating to answer to order to show cause); and 58 Pa. Code §  493a.5 (relating to answers to complaints, petitions, motions and other filings requiring a response).



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