Section 5.61. Answers to complaints, petitions, motions and preliminary objections

(a) Time for filing. Unless a different time is prescribed by statute, the Commission, or the presiding officer, answers to complaints and petitions shall be filed with the Commission within 20 days after the date of service.

(1) Answers to motions shall be filed within the 20 days provided by § § 5.102 and 5.103 (relating to motions for summary judgment and judgment on the pleadings; and motions).

(2) Answers to preliminary objections shall be filed within the 10 days provided by § 5.101 (relating to preliminary objections).

(b) Form of answers to complaints. The answer must be in writing and:

(1) Set forth in paragraphs numbered to correspond with the complaint.

(2) Advise the parties and the Commission as to the nature of the defense.

(3) Admit or deny specifically all material allegations of the complaint.

(4) State concisely the facts and matters of law relied upon.

(5) Include a copy of a document, or the material part of a document when relied upon in the answer. If the writing or a copy is not available, the answer must set forth that the document is not available and the reason, and set forth the substance of the document.

(c) Failure to file an answer to a complaint. 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) Answers to complaints in rate proceedings. For complaints which are docketed with Commission-instituted rate proceedings, an answer may be filed within 10 days of date of service. However, an answer is not required, except as may be directed by the Commission or the presiding officer.

(e) Form of answers to petitions. The answer must be in writing and:

(1) Advise the parties and the Commission of the parties’ position on the issues raised in the petition.

(2) State the parties’ standing to participate in any Commission proceeding resulting from the petition.

(3) State concisely the facts and matters of law relied upon.

(4) Include a copy of a document, or the material part of a document when relied upon in the answer. If the writing or a copy is not available, the answer must set forth that the document is not available and the reason, and set forth the substance of the document.

(f) Supersession. Subsections (b)—(e) supersede 1 Pa. Code § 35.35 (relating to answers to complaints and petitions).

The provisions of this § 5.61 adopted October 12, 1984, effective January 1, 1985, 14 Pa.B. 3819; amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 414; amended April 28, 2006, effective April 29, 2006, 36 Pa.B. 2097. Immediately preceding text appears at serial pages (281572) and (225649).

Notation

Authority

The provisions of this § 5.61 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 504—506, 1301 and 1501.

Cross References

This section cited in 52 Pa. Code § 3.6 (relating to petitions for interim emergency orders); 52 Pa. Code § 3.391 (relating to arbitration of claims for billing and collecting services); 52 Pa. Code § 5.31 (relating to staff-initiated complaints); 52 Pa. Code § 5.101 (relating to preliminary objections); 52 Pa. Code § 5.101 (relating to preliminary objections); 52 Pa. Code § 56.173 (relating to formal complaint procedures other than appeals from mediation decisions of the Bureau of Consumer Services); and 52 Pa. Code § 64.163 (relating to formal complaint procedures).