Pennsylvania Administrative Code

§ 31.12. Computation of time. Except as otherwise provided by law, in computing a period of time prescribed or allowed by this part or by the regulations of the agency or another provision of law, the day of the act, event or default after which the designated period of time begi…

§ 31.13. Issuance of agency orders. (a) In computing a period of time involving the date of the issuance of an order by an agency, the day of issuance of an order shall be the day the office of the agency mails or delivers copies of the order to the parties, or if the delivery is…

§ 31.14. Effective dates of agency orders. (a) Orders of an agency promulgating regulations shall be effective upon publication in the Pennsylvania Bulletin unless otherwise specially provided in the order. (b) All other orders of an agency shall be effective as of the dates of i…

§ 31.15. Extensions of time. (a) Extensions of time shall be governed by the following: (1) Except as otherwise provided by law, whenever by these rules or by a regulation or order of an agency, or a notice given thereunder, an act is required or allowed to be done at or within a…

§ 31.2. Liberal construction. This part shall be liberally construed to secure just, speedy and inexpensive determination of the issues presented. Notes of Decisions Regardless of the provision for liberality of construction of the rules of practice and procedure and provisions r…

§ 31.21. Appearance in person. An individual may appear in his own behalf. A member of a partnership may represent the partnership, a bona fide officer of a corporation, trust or association may represent the corporation, trust or association, and an officer or employe of another…

§ 31.22. Appearance by attorney. A person may be represented in a proceeding by an attorney at law admitted to practice before the Supreme Court of Pennsylvania, or, if a similar agency of another jurisdiction accords like privileges to members of the bar of this Commonwealth, th…

§ 31.23. Other representation prohibited at hearings. A person shall not be represented at a hearing before an agency head or a presiding officer except: (1) As stated in § 31.21 or § 31.22 (relating to appearance in person; and appearance by attorney). (2) As otherwise permitted…

§ 31.24. Notice of appearance. (a) If an individual appears in his own behalf before an agency head or a presiding officer in a particular proceeding which involves a hearing or an oppor-tunity for hearing, he shall file with the office of the agency or otherwise state on the rec…

§ 31.25. Form of notice of appearance. COMMONWEALTH OF PENNSYLVANIA [NAME OF AGENCY] In the Matter of: [File, Docket or other identifying No.:] NOTICE OF APPEARANCE Please enter my appearance in the above-designated matter on behalf of I am authorized to accept service on behalf …

§ 31.26. Service on attorneys. In a proceeding where an attorney has filed a submittal on behalf of a client or has filed an appearance under § 31.24(b) (relating to notice of appearance), a notice or other written communication required to be served upon or furnished to the clie…

§ 31.27. Contemptuous conduct. Contemptuous conduct at a hearing before an agency head or a presiding officer shall be ground for exclusion from the hearing and for summary suspension without a hearing for the duration of the hearing. Cross References This section cited in 7 Pa. …

§ 31.28. Suspension and disbarment. (a) An agency may deny, temporarily or permanently, the privilege of appearing or practicing before it in any way to a person who is found by the agency after notice and opportunity for hearing in the matter: (1) Not to possess the requisite qu…

§ 31.3. Definitions. The following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise: Adjudication—An order, decree, decision, determination or ruling by an agency affecting personal or property rights, privileges…

§ 31.4. Information and special instructions. Information as to procedure under this part, and instructions supplementing this part in special instances, will be furnished upon application to the agency at the office of the agency. Cross References This section cited in 19 Pa. Co…

§ 31.5. Communications and filings generally. (a) Communications, submittals and pleadings should be addressed to the agency at the office of the agency unless otherwise specifically directed. Communication and filings should clearly designate the file number, docket number or si…

§ 31.6. Amendments to rules. (a) The Joint Committee on Documents hereby retains continuing jurisdiction under 45 Pa.C.S. § 723(b) (relating to processing of deposited documents) to adopt the amendments and additions to this part as may be appropriate. (b) An agency or other pers…

§ 311.1. Commission disapproval of a final regulation. (a) If the Commission disapproves a final regulation, the Commission will issue a disapproval order specifying the regulatory review criteria that the regulation has not met. (b) The Commission will deliver its disapproval or…

§ 311.2. Response by an agency to Commission disapproval. (a) Upon receipt of the Commission’s disapproval order, the agency may select one of the following three options: (1) To proceed with promulgation of the regulation without revisions, under § 311.3 (relating to report for …

§ 311.3. Report for a disapproved regulation submitted without revisions or modifications. If the agency chooses to proceed with promulgation of the regulation without revision under § 311.2(a)(1) (relating to response by an agency to Commission disapproval), the report must cont…

§ 311.4. Report for a disapproved regulation submitted with revisions. If the agency chooses to revise or modify the final regulation under § 311.2(a)(2) (relating to response by an agency to Commission disapproval), the report must contain the following: (1) A completed regulato…

§ 311.5. Subsequent review of disapproved regulation. (a) The Commission may have until its next scheduled meeting which occurs no less than 15 days from receipt of the report to approve or disapprove the report. The Commission will calculate its review period as beginning the da…

§ 311a.1. Delivery of a proposed regulation after the end of the legislative session. (a) An agency may deliver a proposed regulation and required material to the Commission and the LRB after the end of the legislative session. The public comment period will begin upon publicatio…

§ 311a.2. Delivery of public comments after the end of the legislative session. (a) The agency shall deliver public comments to the Commission in accordance with § 305.2 (relating to delivery of comments and information by an agency; notification to commentators). (b) The agency …

§ 311a.3. Delivery of Commission comments after the end of the legislative session. (a) The Commission will deliver comments to the agency issued after the end of the legislative session in accordance with section 5(g) of the act (71 P.S. § 745.5(g)). (b) The Commission may not d…

§ 311a.4. Delivery of a final regulation within 20 days before the end of the legislative session. (a) An agency may deliver a final regulation to the Commission and the committees up to the end of the legislative session. (b) If the end of the legislative session occurs before t…

§ 311a.5. Delivery of a final regulation after the end of the legislative session. (a) An agency may not deliver a final regulation and required material to the Commission and the committees after the end of the legislative session. (b) The agency may not deliver the final regula…

§ 311a.6. Delivery of notice of intent to toll the review period after the end of the legislative session. After the end of the legislative session, an agency may not deliver notice of its intention to toll the review period until the committees resume their review in accordance …

§ 311a.7. Delivery of the report for subsequent review of a disapproved regulation. (a) An agency may not deliver its report and required material under section 7(b) or (c) of the act (71 P.S. § 745.7(b) and (c)) and § 311.3 or § 311.4 (relating to report for a disapproved regula…

§ 311a.8. Notification of Commission action on or deemed approval of a regulation or report after the end of the legislative session. (a) The Commission may not notify the committees of its approval, disapproval or deemed approval of a regulation or report after the end of the le…

§ 313.1. General. (a) An agency may deliver a final regulation as an emergency certified regulation, under section 6(d) of the act (71 P. S. § 745.6(d)), in either of the following situations: (1) The Attorney General certifies that the regulation is required to satisfy the order…

§ 313.2. Review of an emergency certified final regulation. (a) An emergency certified final regulation shall take effect immediately upon publication in the Pennsylvania Bulletin, or on the date specified in the agency’s adoption order. (b) Review of an emergency certified regul…

§ 315.1. Review of an existing regulation. (a) The Commission, on its own motion or at the request of any person or member of the General Assembly, may review an existing regulation which has been in effect for at least 3 years, under section 8.1 of the act (71 P.S. § 745.8a). If…

§ 315.2. Review of a published or an unpublished document. If the Commission finds that a published or unpublished document should be promulgated as a regulation, the Commission will present its finding to the Joint House Committee on Documents. The Joint House Committee on Docum…

FILINGS GENERALLY § 33.1. Title. Pleadings, submittals or other documents filed with an agency in any proceeding shall clearly show the file number or similar identifying symbols, if any, and title of the proceeding before the agency. They shall also show, in the title of the par…

EXECUTION AND VERIFICATION § 33.11. Execution. (a) Signature. Except as may be otherwise ordered or requested by an agency, the original copy of each pleading, submittal or other document shall be signed in ink by the party in interest, or by his or its attorney, as required by s…

§ 33.12. Verification. Except as otherwise required by statute, it may not be necessary to verify under oath a pleading, submittal or other document filed with an agency; but any individual who shall execute a pleading, submittal or other document knowing that it contains a false…

COPIES § 33.15. Number of copies. Except as may be otherwise provided by statute or ordered or requested by an agency, and except as provided by § § 35.193 and 35.212(d) (relating to filing and service of briefs; and content and form of briefs on exceptions), at the time pleading…

§ 33.2. Form. (a) Typewritten. Pleadings, submittals or other documents filed in proceedings, if not printed, shall be typewritten on paper cut or folded to letter size, 8 to 8 1/2 inches wide by 10 1/2 to 11 inches long, with left-hand margin not less than 1 1/2 inches wide and …

FEES § 33.21. Filing fees. (a) A pleading, submittal or other document for which a filing fee is required to be charged shall be received, but may not be deemed to be filed, until the filing fee required by statute or regulation has been paid. (b) If the regulations of the agency…

§ 33.22. Mode of payment of fees. Fees shall be paid by money order, certified check or bank cashier’s check made payable to the Commonwealth of Pennsylvania. Personal checks are not acceptable unless the drawer has established credit with the agency. Cash is sent at the risk of …

§ 33.23. Copy fees. (a) Uncertified copies of documents filed in an agency shall be furnished at a charge of 25¢ per page. Certified copies of documents filed in an agency shall be furnished at a charge of $1 per page. (b) Fees for copies of documents shall be paid in advance. Th…

§ 33.3. Incorporation by reference. (a) Except as otherwise provided in subsection (b), any documents on file with an agency may be incorporated by reference into a subsequently filed pleading, submittal, or other document. A document may be so incorporated only by reference to t…

§ 33.31. Service by the agency. Orders, notices and other documents originating with an agency, including forms of agency action, complaints and similar process and other documents designated by the agency for this purpose, shall be served by the office of the agency by mail, exc…

§ 33.32. Service by a participant. Pleadings, submittals, briefs and other documents, filed in proceedings pending before an agency, when filed or tendered to the agency for filing, shall be served upon all participants in the proceeding. The service shall be made by delivering i…

§ 33.33. Effect of service upon an attorney. When a participant has appeared by attorney, service upon the attorney shall be deemed service upon the participant as provided in § 31.24(b) (relating to notice of appearance) and separate service on the party may be omitted as provid…

§ 33.34. Date of service. The date of service shall be the day when the document served is deposited in the United States mail, or is delivered in person, as the case may be. Cross References This section cited in 4 Pa. Code § 615.5 (relating to filings with Docket Clerk); 16 Pa.…

§ 33.35. Proof of service. There shall accompany and be attached to the original of each pleading, submittal or other document filed with an agency when service is required to be made by the parties, a certificate of service in the form prescribed by § 33.36 (relating to form of …

§ 33.36. Form of certificate of service. I hereby certify that I have this day served the foregoing document upon all parties of record in this proceeding in accordance with the requirements of § 33.32 (relating to service by a participant). Cross References This section cited in…

§ 33.37. Number of copies. The following number of copies of documents shall be served on each other participant in a proceeding: (1) Briefs—three copies. (2) All other documents—one copy. Cross References This section cited in 1 Pa. Code § 33.32 (relating to service by a partici…