| (a) Any party may, within 15 days after the date of
service of a proposal for decision, file exceptions to the proposal
for decision. Replies to such exceptions may be filed by any other
party within 10 days after the deadline for filing such exceptions.
Either party may file a case summary with the party's exceptions or
replies.
(1) Exceptions and replies shall be filed with the
Docket Services Section by hand delivery, first class, certified or
registered mail, or commercial delivery service. The number of copies
filed will be determined by the examiner as stated in the notice to
the parties issued with the proposal for decision. Exceptions, replies,
and case summaries may not be filed by fax or email unless permitted
by the examiner or Hearings director.
(2) All copies shall be unstapled and three-hole punched
for a three-ring binder.
(3) The filing party shall serve the exceptions or
replies in accordance with §1.45 of this title (relating to Service
in Protested Contested Cases).
(b) The examiner, or the parties by agreement with
the examiner's approval, may lengthen or shorten the time periods
set out in this section if good cause is shown. A request for extension
of time within which to file exceptions or replies shall be filed
with the examiner and copies shall be served by the party making such
a request in accordance with §1.45 of this title. The examiner
shall promptly notify the parties of any action taken and shall grant
the request only if good cause is shown.
(c) The Commissioners may consider the case as soon
as:
(1) the time for filing exceptions and replies expires;
or
(2) the exceptions and replies are filed, if filed
before the filing deadline.
(d) Additional filings shall not be made and will not
be accepted or considered after an item has been included on a Commission
open meeting agenda posted with the Secretary of State unless the
filing:
(1) exclusively concerns material circumstances or
events that arose after the item was posted; or
(2) was requested by the Commissioners, the Hearings
Director, or the examiner.
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