Current through Register Vol. 54, No. 45, November 9, 2024
Section 1005.192 - Filing and service of briefs(a)Service. Copies shall be served on the parties in accordance with § 1001.57 (relating to number of copies to be served).(b)Number of copies. An original and 12 copies of a brief shall be filed with the Clerk in proceedings before the Authority, with only 3 copies filed in proceedings before a presiding officer.(c)Filing of briefs in nonrate proceedings.(1)Initial brief. An initial brief shall be filed by the party with the burden of proof except as provided by agreement or by direction of the presiding officer.(2)Response brief. A party may file a response brief to the initial brief.(d)Filing of briefs in rate proceedings.(1)Main brief. A main brief may be filed by a party except as provided by agreement or by direction of the presiding officer.(2)Reply brief. A party may file a reply brief to a main brief regardless of whether the party filed a main brief.(e)Filing of amicus curiae briefs. A person interested in the issues involved in an Authority proceeding, although not a party, may, without applying for leave to do so, file amicus curiae briefs with the Clerk in regard to those issues. Unless otherwise ordered, amicus curiae briefs shall be filed and served in the manner and number required and within the time allowed by this section, absent good cause.(f)Deadlines. Initial briefs, main briefs, responsive briefs and reply briefs shall be filed and served within the time fixed by the presiding officer. If no specific times are fixed, initial briefs or main briefs shall be filed and served within 20 days after the date of service of notice of the filing of the transcript and responsive briefs or reply briefs shall be filed within 20 days after date of service of the notice of the filing of the transcript.(g)Late-filed briefs. Briefs not filed and served on or before the dates fixed therefore will not be accepted, except by special permission of the Authority or the presiding officer as permitted under § 1001.15 (relating to extensions of time and continuances).(h)Supersession. Subsections (a)-(g) supersede 1 Pa. Code § §35.191 and 35.193 (relating to proceedings in which briefs are to be filed; and filing and service of briefs).