§ 31.11. Timely filing required.
Pleadings, submittals or other documents required or permitted to be filed under this part, the regulations of the agency or any other provision of law shall be received for filing at the office of the agency within the time limits, if any, for the filing. The date of receipt at the office of the agency and not the date of deposit in the mails is determinative.
Notes of Decisions Computation of Appeal
Petition for reconsideration of an O.H.A. order revoking the petitioner’s personal care home license, which was received 2 days subsequent to date of the 15 day appeal period, was untimely as the date upon which the Department of Public Welfare received the petition and not the post-marked date was the controlling date for the appeal time computation. Colonial Manor Personal Care Boarding Home v. Department of Public Welfare, 551 A.2d 347 (Pa. Cmwlth. 1988); appeal denied 574 A.2d 72 (Pa. 1990).
Untimely Filing
An automobile dealer’s protest to a decision of the manufacturer to locate a competitor within the dealer’s market area which was received by the agency beyond the 20 day appeal period was untimely, notwithstanding the fact it was mailed on the 20th day, because a document is deemed filed when it is received by the agency. Bianchi Subaru v. State Board of Vehicle Manufacturers, Dealers and Salespersons, 548 A.2d 708 (Pa. Cmwlth. 1988).
Timeliness
Teacher was ineligible for enhanced benefits in the Public School Employee’s Retirement System because he failed to make required election by deadline; this section requires that the time of filing any document is the date it was received by the Board, not the date it was mailed. Harasty v. Public Sch. Employees’ Ret. Bd., 945 A.2d 783, 787, 788 (Pa. Cmwlth. 2008).
Because the case is otherwise easily disposed of on the merits, the court declined to consider application of the ‘‘prisoner mailbox rule’’ where the appeal was received 33 days after the date of mailing of the order from which the appeal was taken. Price v. Board of Probation and Parole, 781 A.2d 212 (Pa. Cmwlth. 2001).
Cross References This section cited in 4 Pa. Code § 607a.5 (relating to filings with Docket Clerk); 7 Pa. Code § 131.11 (relating to time); 7 Pa. Code § 179.3 (relating to filings and appeals); 7 Pa. Code § 179.105 (relating to evidentiary documents); 12 Pa. Code § 11.3 (relating to timely filing); 16 Pa. Code § 42.14 (relating to time of filing); 34 Pa. Code § 111.3 (relating to definitions); 34 Pa. Code § 131.11 (relating to filing, service and proof of service); 34 Pa. Code § 131.12 (relating to modification of time); 37 Pa. Code § 197.4 (relating to filings); 52 Pa. Code § 1.11 (relating to date of filing); 52 Pa. Code § 1001.11 (relating to date of filing); 55 Pa. Code § 41.6 (relating to timely filing required); 58 Pa. Code § 145.4 (relating to time of filing); 58 Pa. Code § 497a.1 (relating to date of filing); 61 Pa. Code § 702.11 (relating to filing); and 61 Pa. Code § 703.2 (relating to petition content).
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