Section 105.17. Petition for reconsideration

(a) Form. Petitions for rescission or modification of an adjudication shall be in writing and shall set forth in numbered paragraphs the findings or orders alleged to be erroneous and the points relied upon by the petitioner, with appropriate record references and specific requests for the findings or orders desired.

(b) Specification of errors. Petitions for reconsideration shall state concisely the alleged errors in the adjudication or other order of the Commission. If an adjudication or other order of the Commission is sought to be vacated, reversed, or modified by reason of matters that have arisen since the hearing and decision or order, or by reason of a consequence that would result from compliance therewith, the matters relied upon by the petitioner shall be set forth in the petition.

(c) Filing and service. Every petition for reconsideration shall be filed within 15 calendar days after issuance of the Commission order involved.

(d) The requirements of this provision supersede those set forth in 1 Pa. Code § 35.241 (relating to application for rehearing or reconsideration).

(e) The procedure for reconsideration contained in this subsection does not alter or replace any procedures provided elsewhere for the timely filing of appeals of Commission adjudications to appellate courts.

The provisions of this § 105.17 adopted March 29, 1985, effective March 30, 1985, 15 Pa.B. 1151; amended November 15, 1991, effective November 16, 1991, 21 Pa.B. 5334. Immediately preceding text appears at serial pages (153411) to (153412).

Notation

Notes of Decisions

The Commission lacks subject matter jurisdiction to consider a petition for reconsideration of its own decision where the Commission fails to file an order granting reconsideration within 30 days of its original decision. Pannacci v. Civil Service Commission, 516 A.2d 1327 (Pa. Cmwlth. 1986); appeal after remand 560 A.2d 288 (Pa. Cmwlth. 1989).