4 Pa. Code Subchapter A. Applicability Of Rules

Pennsylvania Code

Subchapter A. APPLICABILITY OF RULES

Sec.

250.1.    Applicability of general rules.
250.2.    Appeal period from decisions of administrative staff.
§ 250.1. Applicability of general rules.

Under 1 Pa. Code §  31.1 (relating to scope of part), 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure) is applicable to the activities of and proceedings before the Board, except as provided in this chapter.

Authority

   This section §  250.1 amended under 71 Pa.C.S. §  5902(h).

Source

   The provisions of this §  250.1 amended September 11, 2009, effective September 12, 2009, 39 Pa.B. 5292. Immediately preceding text appears at serial page (204987).

Cross References

   This section cited in 4 Pa. Code §  250.15 (relating to applicability of general rules).

Notes of Decisions

   Mandamus has been a traditional procedure for the adjudication of retirement benefits of public employes and it is questionable whether there is an adequate remedy at law where hundreds or thousands of hearings could be required. Pennsylvania Association of State Mental Hospital Physicians Inc. v State Employes’ Retirement Board, 361 A.2d 449 (Pa. Cmwlth. 1976).
§ 250.2. Appeal period from decisions of administrative staff.

(a)  Decisions of administrative staff under authority delegated by the Board may be appealed to the Board by filing a formal appeal within 30 days after service of notice of the administrative decision. Extensions of this appeal period may be requested for good cause and will be granted at the discretion of the Board Secretary.
(b)  This section supersedes 1 Pa. Code §  35.20 (relating to appeals from actions of the staff).

Authority

   This section is issued under 71 Pa.C.S. §  5902(h).

Source

   The provisions of this §  250.2 adopted September 11, 2009, effective September 12, 2009, 39 Pa.B. 5292.

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