§ 35.191. Proceedings in which briefs are to be filed.
Unless waived by the participants with the consent of the presiding officer, whether oral argument is heard or not, at the close of the taking of testimony in each proceeding, the presiding officer shall fix the time for the filing and service of briefs, giving due regard to the nature of the proceeding, the magnitude of the record and the complexity or importance of the issues involved; and he shall fix the order in which the briefs shall be filed. The first or initial brief shall be filed by the participant or participants upon whom rests the burden of proof, except that the presiding officer, when in his judgment the circumstances or exigencies require, may direct that briefs shall be filed simultaneously. In no proceeding, whether briefs are to be filed simultaneously or otherwise, shall a participant upon whom rests the burden of proof be denied the right to file a reply brief.
Cross References This section cited in 4 Pa. Code § 89.32 (relating to briefs and oral argument); 7 Pa. Code § 131.34 (relating to briefs, suggested findings); 7 Pa. Code § 179.66 (relating to briefs and oral argument); 10 Pa. Code § 3.13 (relating to briefs); 22 Pa. Code § 201.10 (relating to briefs); 25 Pa. Code § 1021.131 (relating to posthearing briefs); 28 Pa. Code § 301.7 (relating to fair hearing); 34 Pa. Code § 131.101 (relating to briefs, findings of fact and close of record); 37 Pa. Code § 21.56 (relating to briefs); 51 Pa. Code § 21.27 (relating to briefs); 52 Pa. Code § 5.502 (relating to filing and service of briefs); 52 Pa. Code § 1005.192 (relating to filing and service of briefs); 55 Pa. Code § 41.181 (relating to posthearing briefs); 58 Pa. Code § 51.27 (relating to hearings); 58 Pa. Code § 51.107 (relating to hearings); and 61 Pa. Code § 703.5 (relating to other submissions).
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