Current through Register Vol. 54, No. 12, March 23, 2024
(a) A person
authorized to file a complaint with the Department under section 8211 of the
act (relating to petitions for declaratory orders and complaints to department)
may file a complaint at the office of the Department within the time limits
prescribed in section 8211 of the act.
(1)
Complaints shall be by letter or other writing, typewritten or legibly printed,
as required by 1 Pa. Code §
33.2 (relating to form) and this
chapter, and shall contain the following:
(i)
The name, address and interest of each complainant.
(ii) The name and address of each
respondent.
(iii) A statement of
the facts and legal grounds which form the basis for the conclusion that there
has been a violation of the act.
(2) The allegations shall concern matters
within the jurisdiction of the Department under the act, pertaining to the
regularity of the debt or other proceedings filed before the Department, the
validity of the bonds, notes, tax anticipation notes or other obligations of a
local government unit, or the legality of the purpose for which the obligations
are to be issued.
(3) The complaint
also shall include an identification of the relief sought and the legal basis
for the relief.
(4) Supporting
material may be submitted with the complaint.
(5) Notice pleading will not be
permitted.
(6) If ordered by the
Department, a complainant shall amend a complaint in the manner and within the
time period prescribed in the order.
(7) A copy of the complaint will be mailed by
the Department to the respondent named thereon or who, in the determination of
the Department, will be called upon to address the allegations of the complaint
or answer the same under §
11.9 (relating to answers to
complaints and petitions).
(b) Joinder of complaints or petitions will
be permitted in accordance with 1 Pa. Code §
35.11 (relating to joinder of
formal complaints).
(c) Upon the
filing of a document purporting to be a complaint or petition in the office of
the Department, a determination will be made by the Department as to whether
the filing constitutes a complaint or petition and whether it has been timely
filed.
(1) If a determination is made that
the pleading, as filed, is insufficient to meet the requirements of a complaint
or petition under the act, a further determination will be made by the
Department, in its discretion, whether to:
(i)
Permit the filing of an amended complaint or petition.
(ii) Issue an order dismissing the complaint
or petition, with or without prejudice.
(iii) Schedule a conference with the
parties.
(iv) Take other action
deemed just and appropriate by the Department.
(2) If a determination is made that the
pleading is untimely filed, the Department will issue an order dismissing the
complaint or petition, with prejudice.
(d) If, in the judgment of the Department, a
complaint has been filed within the purview of section 8211 of the act, the
Department will either invite the parties to an informal conference, set the
matter for a formal hearing or take other action which in the judgment of the
Department is just and appropriate. Complainants shall be required to attend a
conference or hearing held on the complaint.
(e) This section supersedes 1 Pa. Code
§§
35.1,
35.2, 35.5, 35.7, 35.9, 35.11 and
35.14.
