Current through Register Vol. 54, No. 36, September 7, 2024
Section 1021.71 - Complaints filed by the Department(a) When authorized by statute the Department may commence the action by filing a complaint or petition and a notice of a right to respond. The action is commenced when the complaint or petition is filed with the Board.(b) Service of the complaint or petition shall be by personal service or by certified or registered mail. In the instance of mail, service shall be complete upon delivery. Service of all other documents shall be made in accordance with § 1021.34 (relating to service by party).(c) The complaint shall set forth the statutory authority under which the Board is authorized to act and shall set forth in separate numbered paragraphs the specific facts and circumstances upon which the request for action is based.(d) The notice of a right to respond or defend shall conform to the following: [Case Caption]
NOTICE
If you wish to defend against the claims set forth in the following pages, you must take action within thirty (30) days after this complaint and notice are served by entering a written appearance personally or by attorney and filing in writing with the Board your answers, defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Board without further notice for any claim or relief requested by the Department.
You should take this paper to your lawyer at once. If you do not have a lawyer or cannot afford one, contact the Secretary to the Board at (717) 787-3483.
(e) Subsections (a)-(d) supersede 1 Pa. Code §§ 35.5-35.7 and 35.9-35.11 (relating to informal complaints; and formal complaints).The provisions of this 1021.71 amended June 28, 2002, effective 6/29/2002, 32 Pa.B. 3085; amended November 29, 2002, effective 11/30/2002, 32 Pa.B. 5883. This section cited in 25 Pa. Code § 1021.2 (relating to definitions); 25 Pa. Code § 1021.34 (relating to service by a party); and 25 Pa. Code § 1021.74a (relating to verification of pleadings).