Subchapter B. TIME
Sec.
31.11. Timely filing required.
31.12. Computation of time.
31.13. Issuance of agency orders.
31.14. Effective dates of agency orders.
31.15. Extensions of time.§ 31.11. Timely filing required.
Pleadings, submittals or other documents required or permitted to be filed under this part, the regulations of the agency or any other provision of law shall be received for filing at the office of the agency within the time limits, if any, for the filing. The date of receipt at the office of the agency and not the date of deposit in the mails is determinative.
Notes of Decisions Computation of Appeal
Petition for reconsideration of an O.H.A. order revoking the petitioner’s personal care home license, which was received 2 days subsequent to date of the 15 day appeal period, was untimely as the date upon which the Department of Public Welfare received the petition and not the post-marked date was the controlling date for the appeal time computation. Colonial Manor Personal Care Boarding Home v. Department of Public Welfare, 551 A.2d 347 (Pa. Cmwlth. 1988); appeal denied 574 A.2d 72 (Pa. 1990).
Untimely Filing
An automobile dealer’s protest to a decision of the manufacturer to locate a competitor within the dealer’s market area which was received by the agency beyond the 20 day appeal period was untimely, notwithstanding the fact it was mailed on the 20th day, because a document is deemed filed when it is received by the agency. Bianchi Subaru v. State Board of Vehicle Manufacturers, Dealers and Salespersons, 548 A.2d 708 (Pa. Cmwlth. 1988).
Timeliness
Teacher was ineligible for enhanced benefits in the Public School Employee’s Retirement System because he failed to make required election by deadline; this section requires that the time of filing any document is the date it was received by the Board, not the date it was mailed. Harasty v. Public Sch. Employees’ Ret. Bd., 945 A.2d 783, 787, 788 (Pa. Cmwlth. 2008).
Because the case is otherwise easily disposed of on the merits, the court declined to consider application of the ‘‘prisoner mailbox rule’’ where the appeal was received 33 days after the date of mailing of the order from which the appeal was taken. Price v. Board of Probation and Parole, 781 A.2d 212 (Pa. Cmwlth. 2001).
Cross References This section cited in 4 Pa. Code § 607a.5 (relating to filings with Docket Clerk); 7 Pa. Code § 131.11 (relating to time); 7 Pa. Code § 179.3 (relating to filings and appeals); 7 Pa. Code § 179.105 (relating to evidentiary documents); 12 Pa. Code § 11.3 (relating to timely filing); 16 Pa. Code § 42.14 (relating to time of filing); 34 Pa. Code § 111.3 (relating to definitions); 34 Pa. Code § 131.11 (relating to filing, service and proof of service); 34 Pa. Code § 131.12 (relating to modification of time); 37 Pa. Code § 197.4 (relating to filings); 49 Pa. Code § 31.103 (relating to applicability of other laws and rules); 49 Pa. Code § 31.115 (relating to disciplinary sanctions); 52 Pa. Code § 1.11 (relating to date of filing); 52 Pa. Code § 1001.11 (relating to date of filing); 55 Pa. Code § 41.6 (relating to timely filing required); 58 Pa. Code § 145.4 (relating to time of filing); 58 Pa. Code § 497a.1 (relating to date of filing); 61 Pa. Code § 702.11 (relating to filing); and 61 Pa. Code § 703.2 (relating to petition content).
§ 31.12. Computation of time.
Except as otherwise provided by law, in computing a period of time prescribed or allowed by this part or by the regulations of the agency or another provision of law, the day of the act, event or default after which the designated period of time begins to run may not be included. The last day of the period so computed shall be included, unless it is Saturday, Sunday or a legal holiday in this Commonwealth, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday nor a holiday. A part-day holiday shall be considered as other days and not as a holiday. Intermediate Saturdays, Sundays and holidays shall be included in the computation.
Notes of Decisions Computation of Appeal
When the last day of an appeal period is a Saturday, the period is extended to the next Monday. Pioneer Finance Co. v. Securities Commission, 332 A.2d 565 (Pa. Cmwlth. 1975).
Holidays
Where July 3, 1983 fell on a Sunday and the following day was a legal holiday, the time period for the filing of a request for a hearing was extended to July 5, 1983. Getz v. Game Commission, 475 A.2d 1369 (Pa. Cmwlth. 1984).
Cross References This section cited in 4 Pa. Code § 607a.4 (relating to computation of time); 7 Pa. Code § 179.4 (relating to computation of time); 10 Pa. Code § 3.16 (relating to computation of time); 25 Pa. Code § 1021.13 (relating to computation of time); 34 Pa. Code § 131.15 (relating to computation of time); 37 Pa. Code § 171.5 (relating to computation of time); 37 Pa. Code § 197.7 (relating to computation of time); 49 Pa. Code § 31.103 (relating to applicability of other laws and rules); 49 Pa. Code § 31.115 (relating to disciplinary sanctions); 52 Pa. Code § 1.12 (relating to computation of time); 52 Pa. Code § 1001.12 (relating to computation of time); 58 Pa. Code § 497a.2 (relating to computation of time); 61 Pa. Code § 702.12 (relating to computation of time); and 61 Pa. Code § 703.2 (relating to petition content).
§ 31.13. Issuance of agency orders.
(a) In computing a period of time involving the date of the issuance of an order by an agency, the day of issuance of an order shall be the day the office of the agency mails or delivers copies of the order to the parties, or if the delivery is not otherwise required by law, the day the agency makes the copies public. Orders will not be made public prior to the mailing or delivery to the parties, except where, in the judgment of the agency, the public interest requires. The day of issuance of an order may or may not be the day of its adoption by the agency. In any event, the office of the agency shall clearly indicate on each order the date of its issuance.
(b) At the time a proposed report becomes effective as an adjudication of the agency in the absence of agency review as provided for by § 35.226(a)(3) (relating to final orders), the office of the agency will issue and serve upon the parties of record an appropriate notice of the date the adjudication became effective as an agency adjudication or order.
(c) The date of entry of an order which is subject to review by the Commonwealth Court is governed by 210 Pa. Code Rule 108 (relating to date of entry of orders). The date of issuance of any other order shall be deemed to be the date of entry thereof for the purposes of computing the time for appeal under an applicable statute relating to judicial review of agency action.
Source The provisions of this § 31.13 amended through May 20, 1977, 7 Pa.B. 1308. Immediately preceding text appears at serial page (19280).
Notes of Decisions Computation of Appeal Period
Commission’s statutory 15-day period within which to request review of Administrative Law Judge’s decision is computed from date decision is mailed or delivered, not from date of decision. Metro Transportation Company v. Pennsylvania Public Utility Commission, 525 A.2d 24 (Pa. Cmwlth. 1987).
In computing any period of time involving the date of the issuance of an order by an agency, the day of issuance shall be the day the office mails or delivers copies of the order to the parties. Getz v. Game Commission, 475 A.2d 1369 (Pa. Cmwlth. 1984).
Date of IssuanceThe date of issuance of a ruling is the date it is mailed to the party so long as such is clearly indicated on the ruling itself. Carol Lines, Inc. v. Pennsylvania Public Utility Commission, 481 A.2d 990 (Pa. Cmwlth. 1984).
For the purpose of appeal from an order, the date of issuance, and therefore date of entry, is the day of mailing. Pioneer Finance Co. v. Securities Commission, 332 A.2d 565 (Pa. Cmwlth. 1975).
Cross References This section cited in 4 Pa. Code § 607a.20 (relating to proposed decision and order); 7 Pa. Code § 179.6 (relating to Commission action without prior hearing); 7 Pa. Code § 179.11 (relating to computation of time); 12 Pa. Code § 11.4 (relating to entry of orders); 34 Pa. Code § 111.18 (relating to decisions of the Board); 34 Pa. Code § 131.11 (relating to filing, service and proof of service); 34 Pa. Code § 131.112 (relating to correction or amendment of decision); 49 Pa. Code § 31.103 (relating to applicability of other laws and rules); 49 Pa. Code § 31.115 (relating to disciplinary sanctions); 52 Pa. Code § 1.13 (relating to issuance of Commission orders); 52 Pa. Code § 1001.13 (relating to issuance of Authority orders); 58 Pa. Code § 497a.3 (relating to issuance of Board orders); 61 Pa. Code § 703.2 (relating to petition content); and 61 Pa. Code § 703.31 (relating to disposition of petitions).
§ 31.14. Effective dates of agency orders.
(a) Orders of an agency promulgating regulations shall be effective upon publication in the Pennsylvania Bulletin unless otherwise specially provided in the order.
(b) All other orders of an agency shall be effective as of the dates of issuance thereof unless otherwise specially provided in the orders.
Cross References This section cited in 12 Pa. Code § 11.4 (relating to entry of orders); 25 Pa. Code § 1021.11 (relating to effective dates of Board adjudications and preliminary orders); 28 Pa. Code § 1230a.25 (relating to effective date of adjudication, actions or order); 34 Pa. Code § 111.18 (relating to decisions of the Board); 34 Pa. Code § 131.11 (relating to filing, service and proof of service); 34 Pa. Code § 131.112 (relating to correction or amendment of decision); 37 Pa. Code § 407.21 (relating to effect of application rejection); 49 Pa. Code § 31.103 (relating to applicability of other laws and rules); 49 Pa. Code § 31.115 (relating to disciplinary sanctions); 52 Pa. Code § 1.14 (relating to effective dates of Commission orders); 52 Pa. Code § 1001.14 (relating to effective dates of Authority orders); 58 Pa. Code § 497a.4 (relating to effective dates of Board orders); 61 Pa. Code § 703.2 (relating to petition content); and 61 Pa. Code § 703.45 (relating to appeal rights).
§ 31.15. Extensions of time.
(a) Extensions of time shall be governed by the following:
(1) Except as otherwise provided by law, whenever by these rules or by a regulation or order of an agency, or a notice given thereunder, an act is required or allowed to be done at or within a specified time, the time fixed or the period of time prescribed may, by the agency head or the presiding officer, for good cause be extended upon motion made before expiration of the period originally prescribed or as previously extended; and upon motion made after the expiration of the specified period, the act may be permitted to be done where reasonable grounds are shown for the failure to act.
(2) Requests for the extension of time in which to file briefs shall be filed at least 5 days before the time fixed for filing such briefs.
(b) Except as otherwise provided by law, requests for continuance of hearings or for extension of time in which to perform an act required or allowed to be done at or within a specified time by these rules or a regulation or order of an agency, shall be by motion in writing, timely filed with the agency, stating the facts on which the application rests, except that during the course of a hearing in a pro-ceeding, the requests may be made by oral motion in the hearing before the agency head or the presiding officer.
Notes of Decisions Failure of hospital to recognize the date of a final appeal of an audit disallowance, based upon two letters and failure to call a given number should any questions arise, as well as, the failure to show fraud or a breakdown in the administrative process, precluded the hospital from receiving an extension for an appeal. Friends Hospital v. Department of Public Welfare, 551 A.2d 640 (Pa. Cmwlth. 1988).
Since the Department of Public Welfare did not promulgate an express regulation either permitting or prohibiting extension of time, for good cause shown, to file a final cost report, reference to this section should have been made. Department of Public Welfare v. Overlook Medical Clinic, Inc., 544 A.2d 935 (Pa. Cmwlth. 1988).
Since the regulations of the Pennsylvania Code specifically provide for the discretionary granting of extensions and variances, the officials in whom the discretion rests are quasi-judicial or quasi-prosecutorial officers, and in absence of allegations of bad faith or corruption the officials are immune from criminal prosecution in granting extensions and variances, even though they were granted ex parte. In re Dwyer, 406 A.2d 1355 (Pa. 1979).
Cross References This section cited in 1 Pa. Code § 35.49 (relating to amendments to conform to the evidence); 6 Pa. Code § 22.95 (relating to formal appeals and hearings); 7 Pa. Code § 179.12 (relating to extensions of time and continuances); 22 Pa. Code § 121.10 (relating to administrative garnishment procedures for Federal loans); 25 Pa. Code § 1.5 (relating to procedures); 25 Pa. Code § 1021.12 (relating to extensions of time); 25 Pa. Code § 1021.113 (relating to continuance of hearings); 34 Pa. Code § 111.16 (relating to briefs: content and form and time for filing); 34 Pa. Code § 131.12 (relating to modification of time); 34 Pa. Code § 131.13 (relating to continuances or postponements of hearings); 37 Pa. Code § 79.85 (relating to continuances); 37 Pa. Code § 171.123 (relating to mandatory filing of certificates of readiness); 37 Pa. Code § 197.8 (relating to extension of time); 40 Pa. Code § 17.8 (relating to continuances); 49 Pa. Code § 31.103 (relating to applicability of other laws and rules); 49 Pa. Code § 31.115 (relating to disciplinary sanctions); 52 Pa. Code § 1.15 (relating to extensions of time and continuances); 52 Pa. Code § 1001.15 (relating to extensions of time and continuances); 55 Pa. Code § 41.7 (relating to extensions of time); 55 Pa. Code § 1181.1 (relating to policy); 55 Pa. Code § 1187.1 (relating to policy); 55 Pa. Code § 1189.1 (relating to policy); 55 Pa. Code § 6210.14 (relating to time extensions); 58 Pa. Code § 145.7 (relating to continuances); 58 Pa. Code § 497a.5 (relating to extensions of time and continuances); 61 Pa. Code § 703.2 (relating to petition content); and 61 Pa. Code § 703.31 (relating to disposition of petitions).
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