(a) Form. Pleadings shall be typewritten or printed upon paper 8 1/2 inches wide and 11 inches long with left and right margins at least one inch wide. Exhibits annexed thereto shall be folded to the same size and conform to §187.30(h) of this title (relating to Evidence). Reproductions are acceptable, provided all copies are clear and permanently legible. (b) Content. Pleadings shall state their purpose, contain a concise statement of the facts in support thereof and a prayer for the desired relief. (c) Signature and address. The original of every pleading shall be signed in ink by the party filing the paper, his or her attorney or by his or her authorized representative. Pleadings shall contain the name, address and telephone number of the party filing the document or the name, telephone number and business address of the representative. (d) Certificate of service. A certificate of service by the party,
attorney, or representative who files a pleading, stating that it has been served on the other parties, shall be prima facie evidence of such service. The following form of certificate will be sufficient in this connection: "I hereby certify that I have this __________ day of __________, 19 ____, served copies of the foregoing pleading upon all other parties to this proceeding, by (here state the manner of service). Signature." Service of pleadings on and by party shall be as specified in §187.12(c) of this title (relating to Service in Nonrulemaking Proceedings). (e) Numbering and heading. In a contested case the complaint and each pleading shall be numbered with the licensee's license number, centered and underscored six lines down from the top of the first page. Double spaced below the number shall be the heading, as follows:Attached Graphic (f) Other pleadings. All pleadings for which no
official form is prescribed shall contain: (1) the name of the party seeking to bring about or prevent action by the board; (2) the names of all other known parties in interest; (3) a concise statement of the facts relied upon by the pleader; (4) a prayer stating the type of relief, action, or order desired by the pleader; (5) any other matter required by statute; and (6) a certificate of service, if required by §187.12(c) of this title (relating to Service in Nonrulemaking Proceedings). (g) Amendments. Any pleading may be amended at any time upon motion or the filing of an amended application, complaint, or petition for which notice, if required, shall be issued pursuant to §187.8 of this title (relating to Notice of Adjudicative Hearing Proceedings). (h) Incorporation by reference of agency records. Any pleading may adopt
and incorporate, by specific reference thereto, any part of any document or entry in the official files and records of the agency. This section shall not relieve any applicant of the necessity of alleging in detail, if required, facts necessary to sustain his burden of proof imposed by law. (i) Classification. Regardless of any error in the designation of a pleading, it shall be accorded its true status in the proceeding in which it is filed. (j) Docketing. Upon receipt of a complaint, an application, or other pleading which is intended to institute a proceeding before the board, the secretary, executive director, or designee shall docket the same as a pending proceeding and serve notice thereon as specified in §187.12 of this title (relating to Service in Nonrulemaking Proceedings). (k) Filing of documents. All documents relating to any proceeding pending or to be instituted before the board shall be filed with the
secretary, executive director, or designee. Documents shall be deemed filed only when actually marked with the official stamp of the board, accompanied by the filing fee, if any, required by statute or board rules.
|