34 Pa. Code § 101.61. Dismissal if filing of appeal or application for further appeal is late.

DISMISSAL AND DISQUALIFICATION

§ 101.61. Dismissal if filing of appeal or application for further appeal is late.

(a)  If an appeal from a decision of the Department or an application for further appeal appears to have been filed beyond the applicable time limit, the tribunal shall advise the appealing party in writing that it appears not to have a jurisdiction because of the late filing, and that the appeal or application for further appeal will be dismissed without a hearing unless the appealing party notifies the tribunal in writing within the succeeding 15 days from the date of such notice, that he contends the appeal or application for further appeal was timely filed and that he desires a hearing. If no reply from the appealing party is received within the 15-day period, or if the appealing party does not request a hearing, the tribunal shall dismiss the appeal or application for further appeal.
(b)  If an appeal has been filed from a decision of the Department, which appears to have been filed beyond the applicable time limit, and a request for a hearing is received within the 15-day period, the case shall be assigned to a referee for hearing on the issue of the timeliness of the appeal, and on the merits, if it appears that the appeal was in fact timely filed. Notice of the hearing will be mailed to the last known post office address of each interested party. If the referee finds that the appeal was not timely filed, he shall issue a decision only on this issue. If the referee finds that the appeal was timely filed, he shall issue a decision not only on the issue of the timeliness of the appeal, but also on the merits of the case.
(c)  If an application for further appeal has been filed, which appears has been filed beyond the applicable time limit, and a request for a hearing is received by the Board within such 15-day period, the case shall be assigned to a referee to conduct a hearing for and on behalf of the Board on the issue of the timeliness of the application for further appeal, and on the merits, if it appears that the appeal was in fact timely filed. Notice of the hearing shall be mailed to the last known post office address of each interested party. If the Board finds that the application for further appeal was not timely filed, the Board will issue a decision only on this issue. If the Board finds that the application for further appeal was timely filed, the Board will proceed to either allow or disallow the application for further appeal, and notification thereof shall be mailed to the last known post office address of each interested party. If the application for further appeal is allowed, the Board will proceed to review the established record and render a decision on the merits of the case.

Source

   The provisions of this §  101.61 adopted August 26, 1970, effective August 27, 1970, 1 Pa.B. 435; amended July 14, 1978, effective July 15, 1978, 8 Pa.B. 2002. Immediately preceding text appears at serial pages (32164) and (32165).

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