Current through Register Vol. 54, No. 44, November 2, 2024
Section 493a.5 - Answers to complaints, petitions, motions and other filings requiring a response(a) Answers to complaints, petitions, motions, appeals of staff decisions and other filings requiring a response shall be filed with the Clerk and served on all other parties within 30 days after the date of service of the complaint, petition, motion or other pleading, unless a different time is prescribed by the Board, presiding officer or elsewhere in the Board's regulations.(b) Failure to file a timely answer to a complaint or petition will constitute an admission of all matters and facts contained in the filing and may result in the waiver of the right to a hearing.(c) Answers may contain the following:(1) Admissions of the matter complained of and the alleged facts, in whole or in part.(2) New matter or explanation by way of defense.(4) Affirmative defenses.(5) A request for a hearing.(d) Answers shall be in writing and shall specifically and in detail admit or deny each allegation in the pleading.(e) This section supersedes 1 Pa. Code §§35.35-35.40 (relating to answers).The provisions of this §493a.5 amended July 10, 2009, effective 7/11/2009, 39 Pa.B. 3446; amended February 1, 2013, effective 2/2/2013, 43 Pa.B. 660.The provisions of this § 493a.5 amended under 4 Pa.C.S. §§ 1202(b)(30), 1205 and 1207(2) and (9).
This section cited in 58 Pa. Code § 405a.6 (relating to enforcement action); 58 Pa. Code § 511a.9 (relating to petition to remove name from the exclusion list); and 58 Pa. Code § 1120a.9 (relating to petition to remove name from the exclusion list).