Section 213.3. Appeals from determinations of the Secretary

(a) A party, other than the Department, may file an appeal with the Board from the final determination of the Secretary in proceedings conducted under section 8 or 11 of the act (43 P. S. § § 165-8 and 165-11). Grievances filed under section 2.2(e) of the act (43 P. S. § 165-2.2(e)) are governed by § 213.8 (relating to grievances arising from administration of the act).

(b) Appeals under this chapter shall be filed within 10 days of the date of mailing of the Secretary’s determination. If appeals are filed by mail, first-class mail shall be utilized and the date of the postmark shall be the date of filing.

(c) The appeal, original and eight copies, shall be filed with the Chairperson of the Board, c/o Office of Chief Counsel, Department of Labor and Industry, Labor and Industry Building, Seventh and Forster Streets, Harrisburg, Pennsylvania 17120.

(d) Copies shall be served on all other parties, in accordance with the General Rules, and proof of service shall accompany the appeal.

(e) Cross appeals shall be filed with the Board within 10 days after filing and service of the original appeal, and shall conform to the requirements applicable to appeals.

(f) Upon receipt of a notice of appeal under this section, the Secretary will promptly transmit the record of the proceedings to the Board.

(g) Subsection (b) supersedes 1 Pa. Code § 31.11 (relating to timely filing required). Subsection (c) supersedes 1 Pa. Code § 33.15 (relating to number of copies).

The provisions of this § 213.3 adopted February 11, 1994, effective February 12, 1994, 24 Pa.B. 871.

Notation

Cross References

This section cited in 34 Pa. Code § 213.2 (relating to definitions); and 34 Pa. Code § 213.5 (relating to briefs).