Section 41.131. Motions in general

(a) This section applies to every motion, except oral motions made during the course of a hearing.

(b) Motions and responses to motions must be in writing, signed by a party or its attorney and accompanied by a proposed order.

(c) Unless the time is extended by the Bureau, a response to a dispositive motion shall be filed within 30 days of service of the motion, and a response to other motions shall be filed within 20 days of service of the other motions.

(d) Except in the case of a dispositive motion, the Bureau will deem a party’s failure to respond to a motion to be the party’s lack of opposition to the motion.

(e) Except in the case of a dispositive motion, the moving party may not file a reply to a response to its motion, unless the Bureau orders otherwise.

(f) Subsections (a)—(e) supersede 1 Pa. Code § § 35.54, 35.55 and 35.179 (relating to motions as to complaint; motions as to answer; and objections to motions).

Notation

Cross References

This section cited in 55 Pa. Code 41.81 (relating to consolidation of provider appeals).