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PA Bulletin, Doc. No. 00-1633

PROPOSED RULEMAKING

BOARD OF CLAIMS

[61 PA. CODE CH. 899]

Rules of Procedure

[30 Pa.B. 4932]

   The Board of Claims (Board) under 72 P. S. §§ 4651-1--4651-10 and section 204(1) of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. § 1204(1) intends to amend its rules of procedure, Rules 899.101--899.701 by final order, proposed rulemaking omitted.

   The rules of procedure govern practice before the Board. The amendments will affect two rules. First, Rule 899.201(b) will be amended to reduce the number of copies of a claim which are required to be filed with the Board from an original and four copies to an original and three copies. Second, the amendment will repeal Rule 899.201(d) which states that a claim is timely only if received within 6 months after it accrued. Repeal of this rule is necessary because Rule 899.201(d) no longer accurately states the applicable statute of limitations for all actions before the Board. For claims involving contracts covered by 62 Pa.C.S. Part I (relating to the Procurement Code), the applicable statute of limitations is found in 62 Pa.C.S. § 1712 (relating to authority to resolve contract and breach of contract controversies). For all other claims within the Board's jurisdiction, the applicable statute of limitations can be found in 72 P. S. § 4651-6.

   Interested persons may submit comments or suggestions to the Board of Claims, 200 North Third Street, Suite 700, Harrisburg, PA 17101-1518, or by contacting Connie Rode at (717) 787-3325 within 15 days of the publication of this notice in the Pennsylvania Bulletin.

DAVID C. CLIPPER,   
Chief Administrative Judge

Annex A

TITLE 61.  REVENUE

PART VI.  BOARD OF CLAIMS

CHAPTER 899.  RULES OF PROCEDURE

Subchapter B.  PLEADINGS

Rule  899.201.  Statement of claim.

   (a)  A plaintiff shall prepare a concise and specific written statement of the claim, signed and verified by the plaintiff. The caption of the claim shall contain the full names of all parties to the claim. Each claim shall contain the name, address, telephone number and Supreme Court Identification Number of counsel for the plaintiff.

   (b)  The plaintiff shall file an original and three copies of the claim with the Board, accompanied by a $50 check made payable to the Commonwealth of Pennsylvania.

   (c)  Service of the claim and any amended claim will be made by the Board. The Board will serve one copy of the claim and any amended claim to the defendant involved, and one copy to the Attorney General.

[Pa.B. Doc. No. 00-1633. Filed for public inspection September 22, 2000, 9:00 a.m.]


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