25 Pa. Code § 1021.35. Date of service.

§ 1021.35. Date of service.

(a)  For electronic service, the date of service of a document is the date that the electronic filing provider transmits the notice of electronic filing. For other types of service, the date of service is the date the document served is mailed, delivered in person or transmitted to the party’s facsimile line.
(b)  For the sole purpose of computing the deadlines under this chapter for responding to documents:
   (1)  Documents served by electronic service shall be deemed served, for purposes of responding, when notice of the electronic filing is transmitted to registered users in the proceeding, provided the transmission is complete before 4:30 p.m. Eastern Time on a business day. Otherwise, documents served by electronic service shall be deemed served the next business day.
   (2)  Documents served by facsimile shall be deemed served, for purposes of responding, when transmission of the facsimile is complete, provided the transmission is complete before 4:30 p.m. Eastern Time on a business day. Otherwise, documents served by facsimile shall be deemed served the next business day.
   (3)  Documents served by mail shall be deemed served 3 calendar days after the date of actual service.
(c)  Subsections (a) and (b) supersede 1 Pa. Code §  33.34 (relating to date of service).

Authority

   The provisions of this §  1021.35 amended under section 5 of the Environmental Hearing Board Act (35 P.S. §  7515).

Source

   The provisions of this §  1021.35 amended September 3, 1999, effective September 4, 1999, 29 Pa.B. 4683; amended June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085; amended November 29, 2002, effective November 30, 2002, 32 Pa.B. 5883; amended August 8, 2014, effective August 9, 2014, 44 Pa.B 5328; amended October 21, 2022, effective October 22, 2022, 52 Pa.B. 6534. Immediately preceding text appears at serial page (388227).

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