PART II. GENERAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE
| Chap. | Sec. |
31. PRELIMINARY PROVISIONS … 31.1 (View pdf)
33. DOCUMENTARY FILINGS … 33.1 (View pdf)
35. FORMAL PROCEEDINGS … 35.1
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The provisions of this Part II issued under section 506 of The Administrative Code of 1929 (71 P. S. § 186); section 35 of the Administrative Agency Law (71 P. S. § 1710.35) (Repealed); and 45 Pa.C.S. § § 503, 701 and 723, unless otherwise noted.
The provisions of this Part II adopted by JCD Order No. 9, dated April 20, 1971, 1 Pa.B. 1179, unless otherwise noted.
Application
The rules for appeals before the Environmental Hearing Board are found in 25 Pa. Code Chapter 1021. The Board is not a Rules of Civil Procedure venue and although pleadings may be liberally amended under the Rules of Civil Procedure, that is not the case for Notices of Appeal before the Board. United Refining Co. v. Department of Environmental Protection, 1995 EHB 1264.
Since the Department of Public Welfare did not promulgate an express regulation either permitting or prohibiting extension of time, for good cause shown, to file a final cost report, reference to the general rules of administrative practice and procedure should have been made. Department of Public Welfare v. Overlook Medical Clinic, Inc., 544 A.2d 935 (Pa. Cmwlth. 1988).
When an agency has not adopted its own regulations, its practice and procedures are governed by the General Rules of Administrative Practice and Procedure. Celane v. Insurance Commissioner, 415 A.2d 130 (Pa. Cmwlth. 1980).
Because the Securities Commission had not adopted its own regulations, its practice and procedure was governed by the General Rules. Pioneer Finance Co. v. Securities Commission, 332 A.2d 565 (Pa. Cmwlth. 1975).
Construction; Overlapping Agencies
In a proceeding involving a subject over which two licensing boards have overlapping jurisdiction, even though one board interprets the other’s act in a manner inconsistent with other board, the interpretation will be given deference so long as it is consistent with the legislative intent of the General Assembly. Younkin v. State Real Estate Commission, 774 A.2d 1281 (Pa. Cmwlth. 2001).
Hearings
The insurance broker was not entitled to a hearing, before the Insurance Commission denied its licenses to represent new insurance carriers for lack of worthiness. The same broker was not entitled to a hearing before the Insurance Department placed a ‘‘hold’’ on the licensee’s application, as there was no property right in the licenses and such ‘‘hold’’ was determined not to be a final order or determination, however, once the Department’s investigation into the licensee application was completed, it would have a nondiscretionary duty to issue a decision. Stone and Edwards Ins. Agency, Inc. v. Insurance Department, 636 A.2d 293 (Pa. Cmwlth. 1994).
It is too plain for argument that due process requires an express and unequivocal notice in order for a hearing to be meaningful. R.P. v. Department of Public Welfare, 820 A.2d 882, 888 (Pa. Cmwlth. 2003).
Parties
Class actions are unnecessary in the administrative setting and unauthorized by the applicable law, since the General Rules of Practice and Procedure deal with the problem of similarly situated parties and no evidence indicates that the mechanisms provided therein are inadequate. Sullivan v. Insurance Department, 408 A.2d 1174 (Pa. Cmwlth. 1979).
Neither party status nor traditional aggrievement is necessary to challenge actions of an administrative agency; standing to appeal administrative decisions extends to persons, including nonparties, who have a direct interest in the subject matter, as distinguished from a direct, immediate, and substantial interest. Gambling Subsidies v. Gaming Control Board, 916 A.2d 624, 628 (Pa. 2007).
Prosecution
The agency’s ‘‘walls of division’’ were adequately separated to avoid the commingling of any prosecutorial and adjudicatory functions in that the Insurance Commission delegated all prosecutorial functions to the Deputy Commissioner-Enforcement who, in implementing the Uniform Insurance Practice Act, had no interaction with the office of the Commission nor the office of the Administrative Hearings. Stone and Edwards Ins. Agency, Inc. v. Insurance Department, 636 A.2d 293 (Pa. Cmwlth. 1994).
Substantial Evidence
In a proceeding before a licensing board, ‘‘substantial evidence’’ is defined as such relevant evidence that a reasonable mind might accept as adequate to support a conclusion. Younkin v. State Real Estate Commission, 774 A.2d 1281 (Pa. Cmwlth. 2001).
This part cited in 1 Pa. Code § 13.38 (relating to special rules of administrative practice and procedure); 4 Pa. Code § 39.12 (relating to criminal cases); 4 Pa. Code § 39.13 (relating to civil cases); 4 Pa. Code § 113.5 (relating to final application procedure); 4 Pa. Code § 118.8 (relating to procedure for exemptions or variance from water use reductions); 4 Pa. Code § 119.6 (relating to procedure for exemptions or variance from the prohibition of nonessential uses of water); 4 Pa. Code § 153.1 (relating to applicability of general rules); 4 Pa. Code § 163.1 (relating to applicability of general rules); 4 Pa. Code § 175.1 (relating to applicability of general rules); 4 Pa. Code § 250.1 (relating to applicability of general rules); 4 Pa. Code § 250.14 (relating to notice); 6 Pa. Code § 3.1 (relating to purpose, scope and authority); 6 Pa. Code § 3.7 (relating to appointment of a hearing examiner); 6 Pa. Code § 15.82 (relating to rights of alleged abusers); 6 Pa. Code § 22.95 (relating to formal appeals and hearings); 6 Pa. Code § 11.292 (relating to written request for appeal); 6 Pa. Code § 22.104 (relating to the handling of appeals); 7 Pa. Code § 138e.42 (relating to review, certification and approval of a county program); 7 Pa. Code § 138e.92 (relating to review and decision); 10 Pa. Code § 42.5 (relating to disapproval of registration); 10 Pa. Code § 61.2 (relating to license applications, public notice, hearings and capital requirements); 12 Pa. Code § 1.2 (relating to applicability of general rules); 12 Pa. Code § 11.1 (relating to purpose, scope and authority); 12 Pa. Code § 115.10 (relating to public hearings conducted by the Department); 12 Pa. Code § 143.14 (relating to hearings); 16 Pa. Code § 42.1 (relating to applicability of general rules); 16 Pa. Code § 42.3 (relating to definitions); 16 Pa. Code § 44.3 (relating to enforcement); 16 Pa. Code § 45.3 (relating to enforcement); 16 Pa. Code § 91.1 (relating to applicability of general rules); 16 Pa. Code § 209.1 (relating to procedures on petition for appeal); 17 Pa. Code § 51.35 (relating to sanctions for violation by dealers); 19 Pa. Code § 13.1 (relating to applicability of general rules); 22 Pa. Code § 1.5 (relating to applicability of general rules before the Board); 22 Pa. Code § 1.6 (relating to applicability of general rules before the Department); 22 Pa. Code § 14.104 (relating to applicability); 22 Pa. Code § 21.83 (relating to appeal); 22 Pa. Code § 40.57 (relating to appeals, hearings and notice); 22 Pa. Code § 73.188 (relating to hearings); 22 Pa. Code § 121.9 (relating to administrative loan collection review procedures); 22 Pa. Code § 121.10 (relating to administrative wage garnishment procedures for Federal loans); 22 Pa. Code § 201.1 (relating to applicability of general rules); 22 Pa. Code § 201.2a (relating to definitions); 22 Pa. Code § 233.109 (relating to methods of operation for Commission and com-mittee meetings); 22 Pa. Code § 233.115 (relating to notice and hearings); 22 Pa. Code § 233.117 (relating to hearing procedures); 22 Pa. Code § 233.123 (relating to reinstatements); 22 Pa. Code § 251.9 (relating to hearings and requests for presentations); 22 Pa. Code § 351.1 (relating to purpose and scope); 25 Pa. Code § 1.5 (relating to procedures); 25 Pa. Code § 72.58 (relating to Certification Board hearings and procedures); 25 Pa. Code § 965.6 (relating to application procedures); 25 Pa. Code § 965.7 (relating to second opinion project review); 25 Pa. Code § 977.61 (relating to dispute procedures); 25 Pa. Code § 1021.1 (relating to scope of chapter); 28 Pa. Code § 8.1 (relating to applicability of general rules); 28 Pa. Code § 101.122 (relating to conduct of proceedings); 28 Pa. Code § 205.4 (relating to building plans); 28 Pa. Code § 709.18 (relating to hearings); 28 Pa. Code § 711.18 (relating to hearings); 28 Pa. Code § 903.13 (relating to formal appeal); 28 Pa. Code § 1003.27 (relating to disciplinary and corrective action); 28 Pa. Code § 1109.1 (relating to applicability of general rules); 28 Pa. Code § 1109.2 (relating to scope and purpose); 31 Pa. Code § 37.47 (relating to revocation, suspension, nonrenewal of certificates and licenses); 31 Pa. Code § 56.1 (relating to applicability of general rules); 31 Pa. Code § 56.2 (relating to adjudication procedure); 31 Pa. Code § 59.7 (relating to appeal procedure); 31 Pa. Code § 61.6 (relating to appeal procedures); 31 Pa. Code § 67.6 (relating to appeals); 31 Pa. Code § 161.5 (relating to determination of reinsurer qualifications); 31 Pa. Code § 242.20 (relating to formal and informal complaints; procedure); 34 Pa. Code § 1.11 (relating to applicability of general rules); 34 Pa. Code § 3a.9 (relating to suspension or revocation of Pennsylvania inspector commission); 34 Pa. Code § 31.52 (relating to administration—general); 34 Pa. Code § 49.10 (relating to applicability of general rules); 34 Pa. Code § 60.9 (relating to applicability of general rules); 34 Pa. Code § 71.21 (relating to applicability of general rules); 34 Pa. Code § 111.2 (relating to applicability of general rules); 34 Pa. Code § 121.27 (relating to orders to show cause); 34 Pa. Code § 121.34 (relating to objections to assessments); 34 Pa. Code § 131.4 (relating to applicability of General Rules of Administrative Practice and Procedure); 34 Pa. Code § 201.1 (relating to applicability of general rules); 34 Pa. Code § 203.5 (relating to denial, suspension or revocation of certification or accreditation); 34 Pa. Code § 211.1 (relating to applicability of general rules); 34 Pa. Code § 213.1 (relating to applicability of general rules); 34 Pa. Code § 213.22 (relating to definitions); 34 Pa. Code § 221.1 (relating to applicability of general rules); 34 Pa. Code § 317.2 (relating to trade secret claims); 34 Pa. Code § 321.5 (relating to hearings); 34 Pa. Code § 401.14 (relating to decertification or refusal to certify); 37 Pa. Code § 171.11 (relating to applicability of laws and rules); 37 Pa. Code § 191.6 (relating to hearings); 37 Pa. Code § 197.2 (relating to applicability of general rules of practice and procedure); 37 Pa. Code § 197.111a (relating to motions and petitions); 37 Pa. Code § 203.101 (relating to scope); 37 Pa. Code § 407.31 (relating to applicability of general rules); 37 Pa. Code § 421.22 (relating to hearing procedure); 40 Pa. Code § 11.203 (relating to hearing procedures); 40 Pa. Code § 15.1 (relating to scope of chapter); 40 Pa. Code § 17.1 (relating to purpose); 43 Pa. Code § 5.34 (relating to appeals); 43 Pa. Code§ 5.46 (relating to appeals); 43 Pa. Code § 7.10 (relating to appeals); 43 Pa. Code § 7.12 (relating to discipline and discharge); 43 Pa. Code § 9.13 (relating to reconsideration and appeals); 49 Pa. Code § 1.1 (relating to applicability of general rules); 49 Pa. Code § 3.4 (relating to applicability of general rules); 49 Pa. Code § 5.2 (relating to applicability of general rules); 49 Pa. Code § 9.184 (relating to applicability of general rules); 49 Pa. Code § 9.204 (relating to applicability of general rules); 49 Pa. Code § 11.3 (relating to applicability of general rules); 49 Pa. Code § 15.2 (relating to Board proceedings and meetings); 49 Pa. Code § 16.2 (relating to rules governing Board activities and proceedings); 49 Pa. Code § 16.53 (relating to powers and duties of hearing examiners); 49 Pa. Code § 19.3 (relating to applicability of general rules); 49 Pa. Code § 21.4 (relating to applicability of general rules); 49 Pa. Code § 21.146 (relating to applicability of general rules); 49 Pa. Code § 21.334 (relating to sources of continuing education); 49 Pa. Code § 23.2 (relating to applicability of general rules); 49 Pa. Code § 23.86 (relating to sources of continuing education hours); 49 Pa. Code § 25.3 (relating to applicability of general rules); 49 Pa. Code § 27.81 (relating to applicability of general rules); 49 Pa. Code § 29.3 (relating to applicability of general rules); 49 Pa. Code § 31.2 (relating to applicability of general rules); 49 Pa. Code § 33.2 (relating to applicability of general rules); 49 Pa. Code § 37.2 (relating to applicability of general rules); 49 Pa. Code § 39.21 (relating to applicability of general rules); 49 Pa. Code § 40.41 (relating to hearings relating to revocation or suspension of license); 49 Pa. Code § 41.2 (relating to applicability of general rules); 49 Pa. Code § 42.2 (relating to applicability of general rules); 49 Pa. Code § 43a.5 (relating to appeals); 49 Pa. Code § 47.2 (relating to applicability of general rules); 49 Pa. Code § 47.36 (relating to sources of continuing education courses and programs); 49 Pa. Code § 48.34 (relating to registration of continuing education providers who offer one course or program); 49 Pa. Code § 48.36 (relating to preapproved providers of continuing education courses and programs for marriage and family therapists); 49 Pa. Code § 49.34 (relating to registration of continuing education providers who offer one course or program); 49 Pa. Code § 49.36 (relating to prreapproved providers of continuing education courses and programs for professional counselors); 49 Pa. Code § 51.2 (relating to applicability of general rules); 52 Pa. Code § 1.1 (relating to scope of chapter); 55 Pa. Code § 20.82 (relating to written request for appeal); 55 Pa. Code § 41.2 (relating to construction and application); 55 Pa. Code § 41.3 (relating to definitions); 55 Pa. Code § 1181.504 (relating to background); 55 Pa. Code § 1181.561 (relating to process to appeal adverse determinations in the preadmission screening program); 55 Pa. Code § 2600.12 (relating to appeals); 55 Pa. Code § 2380.12 (relating to appeals); 55 Pa. Code § 2390.12 (relating to appeals); 55 Pa. Code § 3130.82 (relating to appeals); 55 Pa. Code § 3270.12 (relating to appeals); 55 Pa. Code § 3280.12 (relating to appeals); 55 Pa. Code § 3290.13 (relating to appeals); 55 Pa. Code § 3420.22 (relating to compliance with Departmental regulations); 55 Pa. Code § 3490.106 (relating to hearings and appeals proceedings for reports received by ChildLine prior to July 1, 1995); 55 Pa. Code § 3490.106a (relating to hearings and appeals proceedings for indicated reports received by ChildLine after June 30, 1995); 55 Pa. Code § 3490.192 (relating to request for a hearing from a school employe for indicated reports of student abuse); 55 Pa. Code § 3680.14 (relating to appeals); 55 Pa. Code § 3700.72 (relating to foster family approval appeals); 55 Pa. Code § 3800.12 (relating to appeals); 55 Pa. Code § 4230.17 (relating to right of appeal); 55 Pa. Code § 6400.12 (relating to appeals); 55 Pa. Code § 6500.13 (relating to appeals); 58 Pa. Code § 1.3 (relating to applicability of general rules); 58 Pa. Code § 15.8 (relating to procedural rules; Commission review); 58 Pa. Code § 51.21 (relating to scope); 58 Pa. Code § 51.45 (relating to procedures); 58 Pa. Code § 71.7 (relating to triploid grass carp); 58 Pa. Code § 93.13 (relating to issuing agents); 58 Pa. Code § 145.1 (relating to purpose and scope); 58 Pa. Code § 441a.7 (relating to licensing hearings for slot machine licenses); 58 Pa. Code § 491a.1 (relating to generally); 58 Pa. Code § 491a.8 (relating to hearings generally); 58 Pa. Code § 492.6 (relating to hearings generally); 61 Pa. Code § 83.12 (relating to contents of complaint); 61 Pa. Code § 83.13 (relating to suspension or revocation of license); 61 Pa. Code § 83.14 (relating to complaint by aggrieved applicant for license); 61 Pa. Code § 83.15 (relating to complaint by Bureau); 61 Pa. Code § 83.16 (relating to time for issuing citation); 61 Pa. Code § 83.32 (relating to time of service of citation; contents of citation); 61 Pa. Code § 83.51 (relating to service of citations and other process by the Cigarette Tax Board); 61 Pa. Code § 83.52 (relating to service of process and other papers by others than the Cigarette Tax Board); 61 Pa. Code § 83.53 (relating to date of service; address for service; and so forth); 61 Pa. Code § 83.55 (relating to number of copies of pleadings); 61 Pa. Code § 83.92 (relating to subpoenas); 61 Pa. Code § 83.101 (relating to authority of members); 61 Pa. Code § 83.102 (relating to decision on citation and adjudication); 61 Pa. Code § 83.108 (relating to waiver of hearing); 61 Pa. Code § 83.110 (relating to motions, objections, argument and record); 61 Pa. Code § 83.112 (relating to petition for further hearing, reopening, rehearing, reconsideration or modification); 61 Pa. Code § 83.114 (relating to correction of official transcript); 61 Pa. Code § 83.124 (relating to adjudication; recommendation to Secretary of Revenue); 61 Pa. Code § 601.3 (relating to applicability of general provisions); 64 Pa. Code § 604.011 (relating to filings of copies—by facsimile or otherwise—of submittals, pleadings and other nonoriginal documents); 64 Pa. Code § 901.011 (relating to applicability of general rules); 67 Pa. Code § 425.15 (relating to appeals); 67 Pa. Code § 471.9 (relating to appeal); 67 Pa. Code § 473.16 (relating to appeal); 67 Pa. Code § 476.52 (relating to appeal); 67 Pa. Code § 491.1 (relating to applicability of general rules); 67 Pa. Code § 491.2 (relating to definitions); 67 Pa. Code § 491.3 (relating to request for hearing); and 101 Pa. Code § 31.23 (relating to parties).
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