Subchapter F. BRIEFS


Sec.


35.191.    Proceedings in which briefs are to be filed.
35.192.    Content and form of briefs.
35.193.    Filing and service of briefs.

Cross References

   This subchapter cited in 31 Pa. Code §  111.16 (relating to briefs: content and form and time for filing); and 104 Pa. Code §  7.16 (relating to RTKL appeals).

§ 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); 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).

§ 35.192. Content and form of briefs.

 (a)  Briefs shall contain the following:

   (1)  A concise statement of the case.

   (2)  An abstract of the evidence relied upon by the participant filing, preferably assembled by subjects, with references to the pages of the record or exhibits where the evidence appears.

   (3)  Proposed findings and conclusions and, if desired, a proposed form of order or regulation, together with the reasons and authorities therefor, separately stated.

 (b)  Exhibits should not be reproduced in the brief, but may, if desired, be reproduced in an appendix to the brief. An analysis of exhibits relied on should be included in the part of the brief containing the abstract of evidence under the subjects to which they pertain. Every brief of more than 20 pages shall contain on its front leaves a subject index, with page references and a list of cases cited, alphabetically arranged, with references to the pages where the citations appear. Briefs shall be as concise as possible.

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); 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); 34 Pa. Code §  131.101 (relating to briefs, findings of fact and close of record); 49 Pa. Code §  19.38 (relating to posthearing briefs); 52 Pa. Code §  5.501 (relating to content and form of briefs); 52 Pa. Code §  1005.191 (relating to content and form 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).

§ 35.193. Filing and service of briefs.

 Briefs not filed and served on or before the dates fixed therefore may not be accepted for filing, except by special permission of the agency head or the presiding officer. Except where filing of a different number is permitted or directed by the agency head or presiding officer, 5 copies of each brief shall be furnished for the use of the agency.

Cross References

   This section cited in 1 Pa. Code §  33.15 (relating to number of copies); 4 Pa. Code §  89.32 (relating to briefs and oral argument); 4 Pa. Code §  110.3 (relating to briefs); 7 Pa. Code §  131.34 (relating to briefs, suggested findings); 10 Pa. Code §  3.13 (relating to briefs); 25 Pa. Code §  1021.131 (relating to posthearing briefs); 34 Pa. Code §  131.101 (relating to briefs, findings of fact and close of record); 34 Pa. Code §  213.5 (relating to briefs); 40 Pa. Code §  17.9 (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).



No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.