Current through Register Vol. 54, No. 50, December 14, 2024
Section 35.231 - Reopening on application of party(a)Petition to reopen. After the conclusion of a hearing in a proceeding or adjournment thereof sine die, a participant in the proceeding may file with the presiding officer, if before issuance by the presiding officer of a proposed report, otherwise with the agency head, a petition to reopen the proceeding for the purpose of taking additional evidence. The petition shall set forth clearly the facts claimed to constitute grounds requiring reopening of the proceeding, including material changes of fact or of law alleged to have occurred since the conclusion of the hearing.(b)Responses. Within 10 days following the service of the petition, another participant may file with the presiding officer or the agency head, his answer thereto, and in default thereof shall be deemed to have waived an objection to the granting of the petition.(c)Action on petition. As soon as practicable after the filing of responses to the petitions or default thereof, as the case may be, the presiding officer or agency head will grant or deny the petition. This section cited in 6 Pa. Code §30.23 (relating to procedure for redesignation); 7 Pa. Code §179.68 (relating to contents and close of the record); 7 Pa. Code §179.71 (relating to reopening of record); 28 Pa. Code § 301.7 (relating to fair hearing); 34 Pa. Code §111.15 (relating to no other pleadings allowed); 34 Pa. Code §131.101 (relating to briefs, findings of fact and close of record); 51 Pa. Code §21.29 (relating to finality; reconsideration); 52 Pa. Code §5.431 (relating to close of the record); 52 Pa. Code §5.571 (relating to reopening prior to a final decision); 52 Pa. Code §1005.171 (relating to close of the record); 52 Pa. Code §1005.221 (relating to reopening prior to a final decision); 55 Pa. Code §41.201 (relating to reopening of record prior to adjudication); 58 Pa. Code §494a.6 (relating to reopening of record); and 61 Pa. Code §703.41 (relating to request for reconsideration).