Section 5.243. Presentation by parties

(a) A party, has the right of presentation of evidence, cross-examination, objection, motion and argument subject to the limitations in § § 5.75 and 5.76 (relating to notice, service and action on petitions to intervene; and limitation of participation in hearings). The taking of evidence and subsequent proceedings shall proceed with reasonable diligence and with the least practicable delay.

(b) When an objection to the admission or exclusion of evidence before the Commission or the presiding officer is made, the ground relied upon shall be stated briefly. A formal exception is unnecessary and may not be taken to rulings thereon.

(c) The presiding officer may require or allow a factual statement of the scope of a pleading or the position of a party in the proceeding. Facts admitted on the record by a party or by testimony, exhibits or in writing, need not be further proved.

(d) The Commission or the presiding officer may limit appropriately the number of witnesses who may be heard upon an issue.

(e) A party will not be permitted to introduce evidence during a rebuttal phase which:

(1) Is repetitive.

(2) Should have been included in the party’s case-in-chief .

(3) Substantially varies from the party’s case-in-chief.

(f) If a party conducts friendly cross-examination of a witness, the presiding officer may permit the other parties a second opportunity to cross-examine after friendly cross-examination is completed. The recross-examination shall be limited to the issues on which there was friendly cross-examination.

(g) Subsections (a)—(f) supersede 1 Pa. Code § 35.126 (relating to presentation by the parties).

The provisions of this § 5.243 adopted October 12, 1984, effective January 1, 1985, 14 Pa.B. 3819; amended December 2, 1988, effective January 3, 1989, 18 Pa.B. 5451; 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 page (286037).

Notation

Authority

The provisions of this § 5.243 amended under the Public Utility Code, 66 Pa.C.S. § § 309—311, 315, 331—335, 501, 504—506, 701—703, 1101—1103, 1301 and 1501.

Notes of Decisions

Nature of Proceedings

Proceedings before the Commission are judicial in nature, and parties are afforded procedural rights similar to litigants. These protections are sufficient to satisfy the first element of the Younger abstention doctrine. National R.R. Passenger Corp. v. Pennsylvania Public Utility Commission, 159 F. Supp. 2d 795 (E.D. Pa. 2001).

Cross References

This section cited in 52 Pa. Code § 5.242 (relating to order of procedure).