Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 8238 (December 30, 2023).

Pennsylvania Code



Subchapter A. GENERAL PROVISIONS


Sec.


607a.1.    Applicability of General Rules of Administrative Practice and Procedure.
607a.2.    Public access.
607a.3.    Presiding officer.
607a.4.    Computation of time.
607a.5.    Filings with Docket Clerk.

§ 607a.1. Applicability of General Rules of Administrative Practice and Procedure.

 This chapter is intended to supersede 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure). The General Rules of Administrative Practice and Procedure are not applicable to activities of and proceedings before the Office of Administration.

§ 607a.2. Public access.

 Hearings scheduled by the Office of Administration under its authority under the act shall be open to the public. Notices of public hearing shall be published by the Office of Administration on its publicly accessible web site.

§ 607a.3. Presiding officer.

 (a)  Hearings scheduled by the Office of Administration under its authority under the act shall be conducted by a presiding officer designated, in writing, by the Secretary of Administration.

 (b)  Subsection (a) supersedes 1 Pa. Code §  35.185 (relating to designation of presiding officers).

§ 607a.4. Computation of time.

 (a)  When any period of time is referred to in this chapter, such period in all cases shall be so computed as to exclude the first and include the last day of such period. Whenever the last day of any period shall fall on Saturday, Sunday or a legal holiday under the laws of this Commonwealth or the United States, the day shall be omitted from the computation.

 (b)  Subsection (a) supersedes 1 Pa. Code §  31.12 (relating to computation of time).

§ 607a.5. Filings with Docket Clerk.

 (a)  Generally. When a document is required to be filed with the Docket Clerk, the filing shall occur within the applicable time limits, if any, by first class mail or electronic mail. The Office of Administration shall indicate the mailing address and electronic mail address of the Docket Clerk on its publicly accessible web site.

 (b)  Mail. When a document is filed with the Docket Clerk by first class mail, the date of mailing, as evidenced by the United States Postal Service postmark on the envelope containing the filing, a United States Postal Service Form 3817 (Certificate of Mailing), or another similar United States Postal Service form from which the date of deposit with the United States Postal Service can be determined, shall be deemed the date of filing.

 (c)  Electronic mail. When a document is filed with the Docket Clerk by electronic mail, the date of receipt recorded by the Docket Clerk’s electronic mail system shall be deemed the date of filing. A party filing a document by electronic mail is responsible for any delay, disruption, interruption of electronic signals, and readability of the document and accepts the risk that the document may not be properly or timely filed.

 (d)  Supersession. Subsections (a)—(c) supersede 1 Pa. Code § §  31.5(a), 31.11 and 33.34 (relating to communications and filings generally; timely filing required; and date of service).

Cross References

   This section cited in 4 Pa. Code §  607a.6 (relating to order to show cause); 4 Pa. Code §  607a.7 (relating to answer to order to show cause); 4 Pa. Code §  607a.19 (relating to post-hearing brief); 4 Pa. Code §  607a.21 (relating to exceptions); and 4 Pa. Code §  607a.22 (relating to brief opposing exceptions).



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