§ 131.11. Filing, service and proof of service.

 (a)  Whenever filing is required by this chapter, it is deemed complete upon one of the following:

   (1)  Delivery in person.

   (2)  If by electronic submission, upon receipt at the electronic address and in a format as prescribed by the Department and published in the Pennsylvania Bulletin or the Department’s web site located at www.dli.state.pa.us.

   (3)  If by mail, upon deposit in the United States mail, properly addressed, postage or charges prepaid, as evidenced by one of the following:

     (i)   United States Postal Service postmark.

     (ii)   United States Postal Service Certificate of Mailing (USPS Form 3817 or other similar United States Postal Service form from which the date of deposit can be verified), enclosed with the filing or submitted separately to the Department.

   (4)  A filing may be delivered by a common carrier of property which is subject to the authority of the Pennsylvania Public Utility Commission or the United States National Surface Transportation Board. The date of filing is the date the document was delivered to the common carrier, as established by a document or other record prepared by the common carrier in the normal course of business. If the date of delivery to the common carrier cannot be determined by the documents in the record, the date of filing will be the date of its receipt by the Department.

 (b)  Whenever service is required by this chapter, it is deemed complete upon one of the following:

   (1)  Delivery in person.

   (2)  If by electronic submission, upon receipt and in a format as prescribed by the Department and published in the Pennsylvania Bulletin or the Department’s web site located at www.dli.state.pa.us.

   (3)  Except as provided in §  131.81(b) (relating to subpoenas), if by mail, upon deposit in the United States Mail properly addressed, postage or charges prepaid and accompanied by proof of service.

 (c)  Any notice or other written communication required to be served upon or furnished to a party shall also be served upon or furnished to the party’s attorney in the same manner as it is served upon the party.

 (d)  Whenever a proof of service is required by this chapter, the proof of service must contain the following:

   (1)  A statement of the date of service.

   (2)  The names of the judge and others served.

   (3)  The mailing address, the applicable zip code and the manner of service on the judge and others served, and, if applicable, the electronic address to which service was made.

 (e)  Unless otherwise specifically provided in this chapter, whenever the filing or service is required to be made upon the Department, it shall be made to an address as may be published in the Pennsylvania Bulletin and on the Department’s web site located at www.dli.state.pa.us. Electronic filing and service on the Department shall be at the electronic address and in a format as prescribed by the Department and published in the Pennsylvania Bulletin and on the Department’s web site located at www.dli.state.pa.us.

 (f)  Subsections (a)—(e) supersede 1 Pa. Code § §  31.5, 31.11, 31.13, 31.14, 31.26, 33.32 and 33.34—33.36.

Authority

   The provisions of this §  131.11 amended under sections 401.1, 435(a) and (c) and 1608 of the Workers’ Compensation Act (77 P. S. § §  710, 991(a) and (c) and 2708); section 2205 of The Administrative Code of 1929 (71 P. S. §  565); and section 414 of The Pennsylvania Occupational Disease Act (77 P. S. §  1514).

Source

   The provisions of this §  131.11 adopted November 6, 1981, effective November 7, 1981, 11 Pa.B. 4015; amended March 29, 1991, effective March 30, 1991, 21 Pa.B. 1401; amended December 6, 2002, effective December 7, 2002, 32 Pa.B. 6043; amended October 16, 2009, effective October 17, 2009, 39 Pa.B. 6038; amended December 19, 2014, effective December 20, 2014, 44 Pa.B. 7837. Immediately preceding text appears at serial pages (345976) to (345977).

Cross References

   This section cited in 34 Pa. Code §  131.56a (relating to withdrawal of appearance); 34 Pa. Code §  131.60 (relating to resolution hearings); 34 Pa. Code §  131.81 (relating to subpoenas).



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