§ 33.31. Service by the agency.
Orders, notices and other documents originating with an agency, including forms of agency action, complaints and similar process and other documents designated by the agency for this purpose, shall be served by the office of the agency by mail, except when service by another method shall be specifically required by the agency, by mailing a copy thereof to the person to be served, addressed to the person designated in the initial pleading or submittal at his principal office or place of business. If service is not accomplished by mail, it may be effected by anyone authorized by the agency in the manner provided in 231 Pa. Code Rules 400—441 (relating to service of original process).
Notes of Decisions Delay in Service
Since neither the employer, nor its insurance carrier were ever properly served by the workers compensation claimant, there was understandably a delay in filing the employer’s answer to the petition and the employer most certainly had an adequate excuse for the late filing of its answer under 77 P. S. § 821. ABEX Corp. v. Workmen’s Compensation Appeal Board, 665 A.2d 845 (Pa. Cmwlth. 1995); appeal denied 681 A.2d 1343 (Pa. 1996).
Subpoenas
If an agency issuing a subpoena has the power to compel court enforcement on a bare showing that there is a proceeding before the agency over which it has jurisdiction and that the evidence sought relates to the matter under investigation, enforcement of the subpoena is ancillary to its issuance and neither original process nor service as though original process were involved is required. National Apartment Leasing Corp. v. Human Relations Commission, 425 A.2d 499 (Pa. Cmwlth. 1981).
When service of an order to show cause is not accomplished by mail, the agency must authorize someone to accomplish service as provided in 231 Pa. Code Rule 1009 (relating to service); if this service is not accomplished, there is a lack of proper service and there is no power to make an order. Celane v. Insurance Commissioner, 415 A.2d 130 (Pa. Cmwlth. 1980).
Cross References This section cited in 4 Pa. Code § 265.4 (relating to appeals—level III); 4 Pa. Code § 607a.6 (relating to order to show cause); 7 Pa. Code § 179.9 (relating to service by the Commission); 16 Pa. Code § 42.34 (relating to motions); 25 Pa. Code § 1.5 (relating to procedures); 25 Pa. Code § 1021.33 (relating to service by the Board); 34 Pa. Code § 49.11 (relating to service of orders, notices and duty of owner to post address); 34 Pa. Code § 60.10 (relating to service of orders and notices); 34 Pa. Code § 111.13 (relating to processing of appeals and cross appeals); 34 Pa. Code § 131.32 (relating to petitions except petitions for joinder and challenge proceedings); 40 Pa. Code § 15.44 (relating to service); 40 Pa. Code § 17.4 (relating to legal representation); 40 Pa. Code § 17.13 (relating to protests/intervention procedure); 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 § 1.53 (relating to service by the Commission); 52 Pa. Code § 1001.51 (relating to service by the Authority); 55 Pa. Code § 41.23 (relating to proof of service); 55 Pa. Code § 41.24 (relating to certificate of service); 58 Pa. Code § 51.23 (relating to order to show cause); 58 Pa. Code § 491a.5 (relating to service); 61 Pa. Code § 703.5 (relating to other submissions); 61 Pa. Code § 703.6 (relating to service); and 67 Pa. Code § 491.8 (relating to service).
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