§ 1021.53a. Nunc pro tunc appeals.
(a) The Board upon written request and for good cause shown may grant leave for the filing of an appeal nunc pro tunc; the standards applicable to what constitutes good cause shall be the common law standards applicable in analogous cases in courts of common pleas in this Commonwealth.
(b) A person seeking to appeal nunc pro tunc shall file a petition to appeal nunc pro tunc. If filed after a dispositive motion that seeks to dismiss an appeal as untimely, the filing of the petition stays the deadlines for filing a response or reply concerning the motion. The Board will issue deadlines for filing a response and reply if the Board grants the petition and the dispositive motion addresses issues in addition to untimeliness.
(c) The petition to appeal nunc pro tunc shall comply with the requirements set forth for ‘‘motions’’ under § 1021.91 (relating to general), and, in addition, shall include the following:
(1) The specific facts that the potential appellant would attempt to prove at hearing to show that nunc pro tunc relief is warranted.
(2) The specific facts that the potential appellant would attempt to prove showing that it acted promptly in seeking nunc pro tunc relief.
(3) Copies of all documents and a list of all witnesses that the potential appellant relies upon in support of the petition to appeal nunc pro tunc.
(4) Legal authority and theories the potential appellant relies upon in seeking nunc pro tunc relief.
(5) A sworn affidavit of the person or persons having knowledge of the facts that the facts are verified as true and correct, or an unsworn written statement of the person or persons, that the facts are verified as true and correct subject to the penalties for unsworn falsification to authorities, under 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities).
(6) If the petition to appeal nunc pro tunc is not supported by an affidavit or verification as set forth in paragraph (5), an explanation of why the affidavit or verification was omitted.
(d) Responses to petitions to appeal nunc pro tunc shall comply with the requirements set forth for ‘‘responses’’ under § 1021.91. Unless otherwise ordered by the Board, the response shall be filed within 15 days of the date of service of the petition.
(e) A memorandum of law in support of the petition or response may be filed with the petition or response.
(f) The potential appellant may not file a reply unless the Board orders otherwise.
(g) The Board may schedule a hearing on whether nunc pro tunc relief is appropriate.
(h) If the petition to appeal nunc pro tunc is granted, the notice of appeal will be treated as though it were timely filed.
(i) If the petition to appeal nunc pro tunc is denied, the notice of appeal will be dismissed as untimely.
Authority The provisions of this § 1021.53a amended under section 5(c) of the Environmental Hearing Board Act (35 P.S. § 7515(c)).
Source The provisions of this § 1021.53a adopted February 10, 2006, effective February 11, 2006, 36 Pa.B. 709; amended October 21, 2022, effective October 22, 2022, 52 Pa.B. 6534. Immediately preceding text appears at serial page (388235).
Cross References This section cited in 25 Pa. Code § 1021.32 (relating to filing).
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