CHAPTER 497a. TIME

Sec.


497a.1.    Date of filing.
497a.2.    Computation of time.
497a.3.    Issuance of Board orders.
497a.4.    Effective dates of Board orders.
497a.5.    Extensions of time and continuances.

Authority

   The provisions of this Chapter 497a issued under 4 Pa.C.S. § §  1202(b)(30) and 1205, unless otherwise noted.

Source

   The provisions of this Chapter 497a adopted October 26, 2007, effective October 27, 2007, 37 Pa.B. 5774, unless otherwise noted.

Cross References

   This chapter cited in 58 Pa. Code §  493a.4 (relating to petitions generally).

§ 497a.1. Date of filing.

 (a)  Whenever a pleading or other document is required or permitted to be filed under this part or by statute, it will be deemed to be filed on one of the following dates:

   (1)  On the date actually received in the Office of the Clerk.

   (2)  On the date deposited with an overnight express package delivery service as shown on the express delivery receipt attached to or included within the envelope containing the document.

   (3)  On the date deposited in the United States mail as shown by the United States Postal Service stamp on the envelope or on a United States Postal Service Form 3817 certificate of mailing. A mailing envelope stamped by an in-house postage meter does not constitute proof of the date of mailing.

   (4)  On the date that the pleading or other document is received by electronic transmission, sent to boardclerk@pa.gov, in the Office of the Clerk.

 (b)  Failure to include a legible delivery receipt with the document may result in an untimely filing.

 (c)  Subsections (a) and (b) supersede 1 Pa. Code §  31.11 (relating to timely filing required).

Authority

   The provisions of this §  497a.1 amended under 4 Pa.C.S. § §  1202(b)(30), 1205 and 1207(2) and (9).

Source

   The provisions of this §  497a.1 amended July 10, 2009, effective July 11, 2009, 39 Pa.B. 3446; amended February 1, 2013, effective February 2, 2013, 43 Pa.B. 660. Immediately preceding text appears at serial page (344569).

Cross References

   This section cited in 58 Pa. Code §  495a.6 (relating to number of copies).

§ 497a.2. Computation of time.

 (a)  In computing a period of time prescribed or allowed by the act or this part, the day of the act, event or default after which the designated period of time begins to run is not included. The last day of the period is 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 or holiday. Intermediate Saturdays, Sundays and legal holidays shall be included in the computation.

 (b)  In computing a period of time prescribed or allowed by the act or this part which is measured by counting a specified number of days backward from a scheduled future act, event or default, the day of the scheduled future act, event or default is not included. The day on which the prescribed or allowed action is to occur shall be included, unless it is a Saturday, Sunday or a legal holiday in this Commonwealth, in which event the day of the prescribed or allowed action shall run until the next preceding day which is neither a Saturday, Sunday or holiday. A part-day holiday shall be considered as a holiday. Intermediate Saturdays, Sundays and legal holidays are included in the computation.

 (c)  Subsections (a) and (b) supersede 1 Pa. Code §  31.12 (relating to computation of time).

§ 497a.3. Issuance of Board orders.

 (a)  In computing a period of time involving the date of the issuance of an order by the Board, the day of issuance of an order will be the date the Clerk enters the order. An order will not be made public prior to its entry except when, in the Board’s judgment, the public interest so requires. The date of entry of an order may or may not be the day of its adoption by the Board. The Clerk will clearly indicate on each order the date of its adoption by the Board and the date of its entry.

 (b)  The date of entry of an order which is subject to review by the Supreme Court of Pennsylvania is governed by 2 Pa.C.S. Chapter 7, Subchapter A (relating to judicial review of Commonwealth agency action). The date of issuance of an order shall be deemed to be the date of entry for the purposes of computing the time for appeal under an applicable statute relating to judicial review of Board action.

 (c)  Subsections (a) and (b) are identical to 1 Pa. Code §  31.13 (relating to issuance of agency orders).

§ 497a.4. Effective dates of Board orders.

 (a)  An order of the Board promulgating regulations will be effective upon publication in the Pennsylvania Bulletin unless otherwise specially provided in the order.

 (b)  Except as provided in subsection (a), an order of the Board will be effective as of the date of entry unless otherwise specially provided in the order.

 (c)  Subsections (a) and (b) supersede 1 Pa. Code §  31.14 (relating to effective dates of agency orders).

§ 497a.5. Extensions of time and continuances.

 (a)  Extensions of time will be governed by the following:

   (1)  Whenever under this part or by order of the Board, or 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 be extended by the Board, for good cause, upon a motion made before expiration of the period originally prescribed or as previously extended. Upon a motion made after the expiration of the specified period, the time period within which the act may be permitted to be done may be extended when reasonable grounds are shown for the failure to act.

   (2)  Requests for an extension of time in which to file briefs shall be filed at least 5 days before the time fixed for filing the briefs unless the Board or presiding officer, for good cause shown allows a shorter time.

   (3)  Requests for a continuance of a hearing shall be made orally or in writing to the presiding officer, stating the facts on which the request rests. Requests for continuance will be considered only for good cause shown.

 (b)  Subsection (a) supersedes 1 Pa. Code §  31.15 (relating to extensions of time).



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