Section 5.233. Refusal to make admissions or stipulations

(a) Generally. A party may move for sanctions under subsection (b) when the following conditions are satisfied:

(1) A party refuses to admit or stipulate to the genuineness of documents or the truth of matters of fact during a conference convened under this chapter and Chapter 1 or 3 (relating to rules of administrative practice and procedure; and special provisions).

(2) The party requesting the admissions or stipulations thereafter proves the genuineness of the document or the truth of a matter of fact.

(b) Sanctions. The requesting party may apply to the presiding officer for an order requiring the other party to pay the reasonable expenses incurred in making the proof, including reasonable attorney’s fees. The presiding officer will grant an order for sanctions unless the presiding officer finds that there were good reasons for the refusal to admit or stipulate or that the admissions or stipulations sought were of no substantial importance.

(c) Appeal. An interlocutory appeal may be taken to the Commission immediately from the order made by a presiding officer under Subchapter C (relating to interlocutory review).

(d) Compliance. If a party refuses to comply with the order after it becomes final, the Commission or presiding officer may strike all or part of the pleadings of the party or limit or deny further participation by the party.

(e) Subsections (a)—(d) supersede 1 Pa. Code § 35.116 (relating to refusal to make admissions or stipulate).

The provisions of this § 5.233 adopted October 12, 1984, effective January 1, 1985, 14 Pa.B. 3819; amended April 28, 2006, effective April 29, 2006, 36 Pa.B. 2097. Immediately preceding text appears at serial page (225668).

Notation

Authority

The provisions of this § 5.233 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 § 5.224 (relating to prehearing conference in rate proceedings).