Current through Register Vol. 54, No. 45, November 9, 2024
Section 179.66 - Briefs and oral argument(a)Briefs. Unless waived by the parties, at the close of the taking of testimony in the hearing, the presiding officer shall provide the parties with the opportunity to submit briefs. The presiding officer shall fix the time for the filing and service of briefs, giving due consideration to the nature of the proceeding, the parties involved, the magnitude of the record and the complexity of the issues involved. Copies of the brief shall be served with the presiding officer, the Appeals and Hearings Clerk and upon the respective parties.(b)Content and form of briefs. Briefs shall contain the following: (1) A concise statement of the case.(2) Reference to the exact pages of the record or exhibits where the evidence relied upon by the filing party appear.(3) An argument preceded by a summary. The argument shall, to the extent possible, address all issues raised by the relief sought and the evidence adduced at the hearing.(4) As directed by the presiding officer, the brief shall also contain: (i) A statement of the questions involved.(ii) Proposed findings of fact with references to the transcript pages or exhibits where evidence appears, together with proposed conclusions of law.(iii) Proposed paragraphs identifying the relief sought.(c)Untimely briefs. Briefs not filed and served on or before the date fixed by the presiding officer will not be accepted for review or consideration by the presiding officer or the Commission.(d)Oral Argument. No oral argument shall be heard by the Commission or presiding officer at any time.(e)No exceptions to be filed. No party shall be entitled to file exceptions to a proposed adjudication and order of the Commission or of the presiding officer. This subsection supersedes 1 Pa. Code § §35.211-35.214 (relating to exceptions to proposed reports).(f) Subsections (a)-(d) supersede 1 Pa. Code § §35.191 and 35.192 (relating to proceedings in which briefs are to be filed; and content and form of briefs).