Section 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 not otherwise required by law, the day the agency makes the copies public. Orders will not be made public prior to the mailing or delivery to the parties, except where, in the judgment of the agency, the public interest requires. The day of issuance of an order may or may not be the day of its adoption by the agency. In any event, the office of the agency shall clearly indicate on each order the date of its issuance.

(b) At the time a proposed report becomes effective as an adjudication of the agency in the absence of agency review as provided for by § 35.226(a)(3) (relating to final orders), the office of the agency will issue and serve upon the parties of record an appropriate notice of the date the adjudication became effective as an agency adjudication or order.

(c) The date of entry of an order which is subject to review by the Commonwealth Court is governed by 210 Pa. Code Rule 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 thereof for the purposes of computing the time for appeal under an applicable statute relating to judicial review of agency action.

The provisions of this § 31.13 amended through May 20, 1977, 7 Pa.B. 1308. Immediately preceding text appears at serial page (19280).

Notation

Notes of Decisions

Computation of Appeal Period

Commission’s statutory 15-day period within which to request review of Administrative Law Judge’s decision is computed from date decision is mailed or delivered, not from date of decision. Metro Transportation Company v. Pennsylvania Public Utility Commission, 525 A.2d 24 (Pa. Cmwlth. 1987).

In computing any period of time involving the date of the issuance of an order by an agency, the day of issuance shall be the day the office mails or delivers copies of the order to the parties. Getz v. Game Commission, 475 A.2d 1369 (Pa. Cmwlth. 1984).

Date of Issuance

The date of issuance of a ruling is the date it is mailed to the party so long as such is clearly indicated on the ruling itself. Carol Lines, Inc. v. Pennsylvania Public Utility Commission, 481 A.2d 990 (Pa. Cmwlth. 1984).

For the purpose of appeal from an order, the date of issuance, and therefore date of entry, is the day of mailing. Pioneer Finance Co. v. Securities Commission, 332 A.2d 565 (Pa. Cmwlth. 1975).

Cross References

This section cited in 12 Pa. Code § 11.4 (relating to entry of orders); 34 Pa. Code § 111.18 (relating to decisions of the Board); 34 Pa. Code § 131.11 (relating to filing, service and proof of service); 34 Pa. Code § 131.112 (relating to correction or amendment of decision); 52 Pa. Code § 1.13 (relating to issuance of Commission orders); 52 Pa. Code § 1001.13 (relating to issuance of Authority orders); and 58 Pa. Code § 497a.3 (relating to issuance of Board orders).