Current through Register Vol. 54, No. 25, June 22, 2024
Section 1005.41 - Answers to complaints, petitions, motions and other filings requiring a response(a)Time for filing. Unless a different time is prescribed by statute, the Authority or the presiding officer, answers to complaints, petitions, motions and other filings requiring a response shall be filed with the Clerk and served upon all other parties within 20 days after the date of service.(b)Form of answer. Answers must be in writing and so drawn as fully and completely to advise the parties and the Authority as to the nature of the defense. Answers must admit or deny specifically and in detail each material allegation of the pleading answered, and state clearly and concisely the facts and matters of law relied upon. Answers must be set forth in paragraphs numbered to correspond with the pleading answered and otherwise comply with § § 1001.31-1001.36.(c)Failure to file an answer. A respondent failing to file an answer within the applicable period may be deemed in default, and relevant facts stated in the pleadings may be deemed admitted.(d)Supersession. Subsections (b)-(c) supersede 1 Pa. Code § § 35.35 and 35.37 (relating to answers to complaints and petitions; and answers to orders to show cause). This section cited in 52 Pa. Code § 1003.21 (relating to petitions for interim emergency orders); 52 Pa. Code § 1003.32 (relating to out of service designation); 52 Pa. Code § 1017.52 (relating to impoundment of vehicles and equipment); and 52 Pa. Code § 1055.32 (relating to impoundment of vehicles and equipment).