Current through Register Vol. 54, No.43, October 26, 2024
Section 1021.53 - Amendments to appeal or complaint(a) An appeal or complaint may be amended as of right within 20 days after the filing thereof.(b) After the 20-day period for amendment as of right, the Board, upon motion by the appellant or complainant, may grant leave for further amendment of the appeal or complaint. This leave may be granted if no undue prejudice will result to the opposing parties. The burden of proving that no undue prejudice will result to the opposing parties is on the party requesting the amendment.(c) These motions shall be governed by the procedures in §§ 1021.91 and 1021.95 (relating to general; and miscellaneous motions) except that the motion shall be verified and supported by affidavits.(d) If motion to amend is granted, a party may request, in writing, a period of time to conduct additional discovery limited to the issues raised by the amendment. These requests shall specify a period deemed necessary therefor. The Board will act on any such request as its discretion requires.(e) Subsections (a)-(d) supersede 1 Pa. Code §§ 35.5-35.7 and 35.9-35.11 (relating to informal complaints; and formal complaints).The provisions of this §1021.53 amended August 30, 1996, effective 8/31/1996, 26 Pa.B. 4222; amended February 10, 2006, effective 2/11/2006, 36 Pa.B. 709. This section cited in 25 Pa. Code § 1021.52 (relating to timeliness of appeal); and 25 Pa. Code § 1021.83 (relating to substitution of parties).