Current through Register Vol. 54, No. 44, November 2, 2024
(a)
Pleadings. Only the following pleadings shall be permitted:
(1) Complaints.
(2) Petitions.
(3) Motions.
(4) Applications for licensure.
(5) Answers to pleadings.
(b)
Fees. Fees
for copies and other administrative requests, if any, will be in accordance
with a fee schedule adopted by the Commission published in the
Pennsylvania Bulletin and posted on the Commission's web
site.
(c)
Complaints. A person complaining of an act done or failed to
be done by a person subject to the jurisdiction of the Commission, in
violation, or claimed violation of the statute which the Commission has
jurisdiction to administer, or of a regulation or order of the Commission, may
file a formal complaint with the Commission.
(1) Complaints may be filed by the Bureau and
other persons authorized by the Commission.
(2) With respect to complaints filed against
the Commission, no answer need be filed. The issues in the proceeding may be
determined by prehearing conference memoranda or as specified by the presiding
officer.
(3) Complaints will be
served in accordance with §
179.9 (relating to service by the
Commission).
(d)
Content of formal complaint. A formal complaint must set forth
the following:
(1) The name, mailing address,
telephone number, telefacsimile number and electronic mailing address, if
applicable, of the complainant.
(2)
If the complainant is represented by an attorney, the name, mailing address,
telephone number, telefacsimile number and Pennsylvania Supreme Court
identification number of the attorney and, if available, the electronic mailing
address.
(3) The name, mailing
address and certificate or license number of the respondent complained against,
if known, and the nature and character of its business.
(4) The interest of the complainant in the
subject matter-for example, trainer, owner, licensed racing entity, and the
like.
(5) A clear and concise
statement of the act or omission being complained of including the result of
any informal complaint or informal investigation.
(6) A clear and concise statement of the
relief sought.
(7) Except for the
documents referenced within this section, a document or the material part
thereof, must be attached when a claim is based upon that particular document,
the material part thereof. A copy of the document or the material part thereof
shall be attached to the pleading.
(e) This section supplements 1 Pa. Code
§
§35.9-35.11 (relating to formal
complaints).
This section cited in 7 Pa. Code §
179.8 (relating to Commission
original action with prior hearing).
