(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).
Notes
The
provisions of this § 5.61 adopted October 12, 1984, effective
1/1/1985, 14 Pa.B. 3819; amended
January 24, 1997, effective 1/25/1997, 27 Pa.B. 414; amended April 28,
2006, effective 4/29/2006, 36
Pa.B. 2097.
The provisions of this § 5.61 amended under the
Public Utility Code,
66 Pa.C.S. §
§
501,
504-506,
1301 and
1501.
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).
