Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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Pennsylvania Code



Subchapter B. TIME


Sec.


1001.11.    Date of filing.
1001.12.    Computation of time.
1001.13.    Issuance of Authority orders.
1001.14.    Effective dates of Authority orders.
1001.15.    Extensions of time and continuances.

Cross References

   This subpart cited in 1057.3 (relating to continuing certificates).

§ 1001.11. Date of filing.

 (a)  Whenever a pleading, submittal or other document is required or permitted to be filed under this part or by statute, it will be deemed to be filed on the date actually received with the Clerk, or other office as specifically designated by the Authority.

 (b)  Subsection (a) supersedes 1 Pa. Code §  31.11 (relating to timely filing required).

Cross References

   This section cited in 52 Pa. Code §  1001.36 (relating to verification and affidavit); 52 Pa. Code §  1001.81 (relating to amendments); 52 Pa. Code §  1005.211 (relating to exceptions to recommended decisions); and 52 Pa. Code §  1005.212 (relating to replies).

§ 1001.12. Computation of time.

 (a)  Except as otherwise provided by statute, in computing a period of time prescribed or allowed by this part or by statute, 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. A part-day holiday shall be considered as a holiday. Intermediate Saturdays, Sundays and legal holidays shall be included in the computation.

 (b)  Except as otherwise provided by statute, in computing a period of time prescribed or allowed by this part or by statute 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)  Subsection (a) supersedes 1 Pa. Code §  31.12 (relating to computation of time).

§ 1001.13. Issuance of Authority orders.

 (a)  In computing a period of time involving the date of the issuance of an order by the Authority, 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 Authority’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 Authority. The Clerk will clearly indicate on each order the date of its adoption by the Authority and the date of its entry.

 (b)  An order of a presiding officer will contain notice of the date the order will become effective as an adjudication of the Authority, in the absence of Authority review as provided in §  1005.213 (relating to final orders and effect of failure to file exceptions).

 (c)  The date of entry of an order which is subject to review by Commonwealth Court is governed by Pa.R.A.P. No. 108 (relating to date of entry of orders). The date of issuance of any other 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 Authority action.

 (d)  Subsections (a)—(c) supersede 1 Pa. Code §  31.13 (relating to issuance of agency orders).

§ 1001.14. Effective dates of Authority orders.

 (a)  An order of the Authority promulgating regulations shall 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 Authority shall 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).

§ 1001.15. Extensions of time and continuances.

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

   (1)  Except as otherwise provided by statute, whenever under this part or by order of the Authority, 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, by the Authority, the presiding officer or other authorized person, for good cause be extended upon motion made before expiration of the period originally prescribed or as previously extended. Upon motion made after the expiration of the specified period, the act may be permitted to be done where reasonable grounds are shown for the failure to act.

   (2)  Requests for the 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 presiding officer, for good cause shown, allows a shorter time.

 (b)  Except as otherwise provided by statute, requests for continuance of hearings or for extension of time in which to perform an act required or allowed to be done at or within a specified time by this part by order of the Authority or the presiding officer, shall be by motion in writing, timely filed with the Authority, stating the facts on which the application rests, except that during the course of a proceeding, the requests may be made by oral motion in the hearing before the Authority or the presiding officer. Only for good cause shown will requests for continuance be considered. The requests for a continuance should be filed at least 5 days prior to the hearing date.

 (c)  Subsections (a) and (b) supersede 1 Pa. Code §  31.15 (relating to extensions of time).

Cross References

   This section cited in 52 Pa. Code §  1005.62 (relating to amendments to conform to the evidence) and 52 Pa. Code §  1005.192 (relating to filing and service of briefs).



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