Subchapter B. SERVICE OF DOCUMENTS
Sec.
33.31. Service by the agency.
33.32. Service by a participant.
33.33. Effect of service upon an attorney.
33.34. Date of service.
33.35. Proof of service.
33.36. Form of certificate of service.
33.37. Number of copies.§ 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).
§ 33.32. Service by a participant.
Pleadings, submittals, briefs and other documents, filed in proceedings pending before an agency, when filed or tendered to the agency for filing, shall be served upon all participants in the proceeding. The service shall be made by delivering in person or by mailing, properly addressed with postage prepaid, the requisite number of copies to each participant as provided in § 33.37 (relating to number of copies).
Cross References This section cited in 1 Pa. Code § 33.36 (relating to form of certificate of service); 1 Pa. Code § 35.31 (relating to notice and action on petitions to intervene); 4 Pa. Code § 607a.7 (relating to answer to order to show cause); 16 Pa. Code § 42.34 (relating to motions); 25 Pa. Code § 1021.34 (relating to service by a party); 25 Pa. Code § 1021.91 (relating to general); 34 Pa. Code § 111.12 (relating to filing, service and proof of service); 34 Pa. Code § 111.14 (relating to motions to quash); 34 Pa. Code § 131.11 (relating to filing, service and proof of service); 34 Pa. Code § 121.34 (relating to objections to assessments); 34 Pa. Code § 131.32 (relating to petitions except petitions for joinder and challenge proceedings); 34 Pa. Code § 131.56a (relating to withdrawal of appearance); 37 Pa. Code § 171.25 (relating to service); 37 Pa. Code § 197.5 (relating to service on other parties); 37 Pa. Code § 197.34 (relating to notice of appeal); 40 Pa. Code § 15.44 (relating to service); 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 § 1.54 (relating to service by a party); 52 Pa. Code § 1001.52 (relating to service by a party); 55 Pa. Code § 41.23 (relating to proof of service); 55 Pa. Code § 41.24 (relating to certificate of 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).
§ 33.33. Effect of service upon an attorney.
When a participant has appeared by attorney, service upon the attorney shall be deemed service upon the participant as provided in § 31.24(b) (relating to notice of appearance) and separate service on the party may be omitted as provided in § 31.26 (relating to service on attorneys).
Notes of Decisions Service of an administrative law judge’s ruling on petitioner’s counsel, but not on petitioner himself was proper and did not constitute ‘‘fraud’’ sufficient to vitiate the untimely filing of petitioner’s appeal from the ruling. Carol Lines, Inc. v. Pennsylvania Public Utility Commission, 481 A.2d 990 (Pa. Cmwlth. 1984).
Cross References This section cited in 7 Pa. Code § 131.13 (relating to service); 16 Pa. Code § 42.34 (relating to motions); 34 Pa. Code § 111.12 (relating to filing, service and proof of service); 34 Pa. Code § 111.14 (relating to motions to quash); 34 Pa. Code § 131.5 (relating to definitions); 34 Pa. Code § 131.13 (relating to continuances or postponements of hearings); 34 Pa. Code § 131.50 (relating to return to work—modification or suspension); 34 Pa. Code § 131.56a (relating to withdrawal of appearance); 34 Pa. Code § 131.64 (relating to notice of oral deposition); 37 Pa. Code § 171.25 (relating to service); 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 § 1001.53 (relating to service on attorneys); 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).
§ 33.34. Date of service.
The date of service shall be the day when the document served is deposited in the United States mail, or is delivered in person, as the case may be.
Cross References This section cited in 4 Pa. Code § 607a.5 (relating to filings with Docket Clerk); 16 Pa. Code § 42.34 (relating to motions); 25 Pa. Code § 1021.35 (relating to date of service); 34 Pa. Code § 111.3 (relating to definitions); 34 Pa. Code § 131.11 (relating to filing, service and proof of service); 34 Pa. Code § 131.56a (relating to withdrawal of appearance); 37 Pa. Code § 171.25 (relating to service); 40 Pa. Code § 15.44 (relating to service); 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 § 1.56 (relating to date of service); 52 Pa. Code § 1001.54 (relating to date of service); 61 Pa. Code § 703.5 (relating to other submissions); 61 Pa. Code § 703.6 (relating to service); and 67 Pa. Code § 491.8 (relatig to service).
§ 33.35. Proof of service.
There shall accompany and be attached to the original of each pleading, submittal or other document filed with an agency when service is required to be made by the parties, a certificate of service in the form prescribed by § 33.36 (relating to form of certificate of service). All other copies filed shall be fully conformed thereto.
Cross References This section cited in 16 Pa. Code § 42.34 (relating to motions); 25 Pa. Code § 1021.36 (relating to certificate of service); 25 Pa. Code § 1021.91 (relating to general); 34 Pa. Code § 111.12 (relating to filing, service and proof of service); 34 Pa. Code § 111.14 (relating to motions to quash); 34 Pa. Code § 121.34 (relating to objections to assessments); 34 Pa. Code § 131.11 (relating to filing, service and proof of service); 34 Pa. Code § 131.56a (relating to withdrawal of appearance); 37 Pa. Code § 171.25 (relating to service); 37 Pa. Code § 197.5 (relating to service on other parties); 37 Pa. Code § 197.34 (relating to notice of appeal); 40 Pa. Code § 15.44 (relating to service); 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 § 1.57 (relating to proof of service); 52 Pa. Code § 1001.55 (relating to proof of service); 55 Pa. Code § 41.23 (relating to proof of service); 55 Pa. Code § 41.24 (relating to certificate of 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).
§ 33.36. Form of certificate of service.
I hereby certify that I have this day served the foregoing document upon all parties of record in this proceeding in accordance with the requirements of § 33.32 (relating to service by a participant).
Cross References This section cited in 1 Pa. Code § 31.3 (relating to definitions); 1 Pa. Code § 33.35 (relating to proof of service); 16 Pa. Code § 42.34 (relating to motions); 25 Pa. Code § 1021.91 (relating to general); 34 Pa. Code § 111.12 (relating to filing, service and proof of service); 34 Pa. Code § 111.14 (relating to motions to quash); 34 Pa. Code § 131.11 (relating to filing, service and proof of service); 34 Pa. Code § 131.56a (relating to withdrawal of appearance); 37 Pa. Code § 197.6 (relating to form of certificate of service); 40 Pa. Code § 15.44 (relating to service); 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 § 1.58 (relating to form of certificate of service); 52 Pa. Code § 1001.56 (relating to form of certificate of service); 55 Pa. Code § 41.23 (relating to proof of service); 55 Pa. Code § 41.24 (relating to certificate of 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).
§ 33.37. Number of copies.
The following number of copies of documents shall be served on each other participant in a proceeding:
(1) Briefs—three copies.
(2) All other documents—one copy.
Cross References This section cited in 1 Pa. Code § 33.32 (relating to service by a participant); 16 Pa. Code § 42.34 (relating to motions); 34 Pa. Code § 111.12 (relating to filing, service and proof of service); 34 Pa. Code § 111.14 (relating to motions to quash); 34 Pa. Code § 111.16 (relating to briefs: content and form and time for filing); 34 Pa. Code § 131.32 (relating to petitions except petitions for joinder and challenge proceedings); 34 Pa. Code § 131.33 (relating to answers except answers to petitions for joinder and penalty proceedings); 34 Pa. Code § 131.56a (relating to withdrawal of appearance); 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 § 1.59 (relating to number of copies to be served); 52 Pa. Code § 1001.57 (relating to number of copies to be served); 55 Pa. Code § 41.15 (relating to copies of documents); 61 Pa. Code § 703.5 (relating to other submissions); and 61 Pa. Code § 703.6 (relating to service).
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