Section 41.181. Posthearing briefs

(a) The initial posthearing brief of each party must be as concise as possible and may not exceed 50 pages. An initial posthearing brief must contain proposed findings of fact, with references to the appropriate exhibit or page of the transcript, an argument with citation to supporting legal authority and proposed conclusions of law.

(b) The provider shall file its initial posthearing brief first and within the time specified by the presiding officer, which may not be less than 30 days from the closing of the record unless the provider consents to a shorter period of time. The program office will file its initial posthearing brief within 30 days of the date of service of the provider’s brief.

(c) The provider may file a reply brief within 20 days of service of the program office posthearing brief. A reply brief must be as concise as possible and may not exceed 25 pages.

(d) Longer briefs and surreply briefs may be permitted at the discretion of the presiding officer.

(e) A party may waive the filing of a posthearing brief.

(f) If a party files a posthearing brief, a disputed issue or legal theory that is not argued in the party’s posthearing brief will be deemed waived.

(g) Subsections (a)—(f) supersede 1 Pa. Code § § 35.191—35.193 (relating to proceedings in which briefs are to be filed; content and form of briefs; and filing and service of briefs).

Notation

Cross References

This section cited in 55 Pa. Code § 41.92 (relating to expedited disposition procedure for certain appeals).