Pennsylvania Code
Title 28 - HEALTH AND SAFETY
Part IXa - MEDICAL MARIJUANA
Chapter 1230a - PRACTICE AND PROCEDURE
Subchapter B - FORMAL PROCEEDINGS APPEALS
SPECIAL ACTIONS
Section 1230a.44 - Answers to orders to show cause, orders or other petitions filed by the Office

(a) Answers to orders to show cause, orders or other petitions filed by the Office shall be filed with the Clerk within 30 days after the date of service of the order to show cause, order or other petition filed by the Office, unless, for cause, the Department, with or without motion, prescribes a different time.

(b) Answers to orders to show cause, orders or other petitions filed by the Office must set forth legal objections and any denial of facts in a single pleading.

(c) Answers must be in writing and drafted as to fully and completely advise the parties and the Department as to the nature of the defense, including affirmative defenses. Answers must admit or deny specifically and in detail each material allegation of the order to show cause, order or petition filed by the Office, and state clearly and concisely the facts and matters of law relied upon.

(d) A Respondent failing to file an answer within the prescribed time will be deemed in default and, upon motion made as set forth in § 1230a.46 (relating to entry of default judgment), all relevant facts in the order to show cause, order or other petition filed by the Office may be deemed admitted, and default judgment may be entered.

(e) New matter or preliminary objections may not be filed. To the extent that new matter or preliminary objections are filed, new matter or preliminary objections will be deemed stricken.

(f) Subsections (a)-(e) supersede 1 Pa. Code §35.37 (relating to answers to orders to show cause).