Section 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 specified time, the time fixed or the period of time prescribed may, by the agency head or the presiding officer, for good cause be extended upon motion made before expiration of the period originally prescribed or as previously extended; and 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 such briefs.

(b) Except as otherwise provided by law, 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 these rules or a regulation or order of an agency, shall be by motion in writing, timely filed with the agency, stating the facts on which the application rests, except that during the course of a hearing in a pro-ceeding, the requests may be made by oral motion in the hearing before the agency head or the presiding officer.

Notation

Notes of Decisions

Failure of hospital to recognize the date of a final appeal of an audit disallowance, based upon two letters and failure to call a given number should any questions arise, as well as, the failure to show fraud or a breakdown in the administrative process, precluded the hospital from receiving an extension for an appeal. Friends Hospital v. Department of Public Welfare, 551 A.2d 640 (Pa. Cmwlth. 1988).

Since the Department of Public Welfare did not promulgate an express regulation either permitting or prohibiting extension of time, for good cause shown, to file a final cost report, reference to this section should have been made. Department of Public Welfare v. Overlook Medical Clinic, Inc., 544 A.2d 935 (Pa. Cmwlth. 1988).

Since the regulations of the Pennsylvania Code specifically provide for the discretionary granting of extensions and variances, the officials in whom the discretion rests are quasi-judicial or quasi-prosecutorial officers, and in absence of allegations of bad faith or corruption the officials are immune from criminal prosecution in granting extensions and variances, even though they were granted ex parte. In re Dwyer, 406 A.2d 1355 (Pa. 1979).

Cross References

This section cited in 1 Pa. Code § 35.49 (relating to amendments to conform to the evidence); 6 Pa. Code § 22.95 (relating to formal appeals and hearings); 22 Pa. Code § 121.10 (relating to administrative garnishment procedures for Federal loans); 25 Pa. Code § 1.5 (relating to procedures); 25 Pa. Code § 1021.12 (relating to extensions of time); 25 Pa. Code § 1021.113 (relating to continuance of hearings); 34 Pa. Code § 111.16 (relating to briefs: content and form and time for filing); 34 Pa. Code § 131.12 (relating to modification of time); 34 Pa. Code § 131.13 (relating to continuances or postponements of hearings); 37 Pa. Code § 79.85 (relating to continuances); 37 Pa. Code § 171.123 (relating to mandatory filing of certificates of readiness); 37 Pa. Code § 197.8 (relating to extension of time); 40 Pa. Code § 17.8 (relating to continuances); 52 Pa. Code § 1.15 (relating to extensions of time and continuances); 52 Pa. Code § 1001.15 (relating to extensions of time and continuances); 55 Pa. Code § 41.7 (relating to extensions of time); 55 Pa. Code § 1181.1 (relating to policy); 55 Pa. Code § 1187.1 (relating to policy); 55 Pa. Code § 1189.1 (relating to policy); 55 Pa. Code § 6210.14 (relating to time extensions); 58 Pa. Code § 145.7 (relating to continuances); and 58 Pa. Code § 497a.5 (relating to extensions of time and continuances).