§ 41.112. Filing of position paper.

 (a)  The provider shall file its position paper and required documentation with the Bureau and serve it on the program office within 60 days of the close of discovery or another date as may be specified in the Bureau’s prehearing order. If the provider fails to meet the position paper due date or fails to supply the Bureau with the required documentation, the Bureau will dismiss the provider’s appeal, unless the provider shows good cause for its noncompliance.

 (b)  The program office will file its position paper and required documentation with the Bureau and serve it on the provider within 60 days of the date of service of the provider’s position paper or another date as may be specified in the Bureau’s prehearing order. If the program office fails to meet the position paper due date, the Bureau will bar it from presenting evidence and witnesses at the hearing, unless the program office shows good cause for its noncompliance.

 (c)  The Bureau disfavors requests for extensions of time to file position papers. The Bureau may grant an extension if the following conditions are met:

   (1)  A party submits a written request for extension.

   (2)  The request is received by the Bureau in time for it to review the matter prior to the due date.

   (3)  The party establishes that good cause exists to warrant an extension.

 (d)  Failure to complete discovery before the due date of the position paper will ordinarily not be considered sufficient cause to extend the deadline, unless the failure is due to the noncooperation of the other side. A request for extension should be considered denied unless the Bureau affirmatively grants the extension in writing before the papers are due.

Cross References

   This section cited in 55 Pa. Code §  41.92 (relating to disposition procedure for certain appeals); 55 Pa. Code §  41.101 (relating to prehearing procedure in certain provider appeals); 55 Pa. Code §  41.122 (relating to supplementing disclosures and responses).



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