Current through Register Vol. 54, No. 45, November 9, 2024
Section 35.241 - Application for rehearing or reconsideration(a)Form, filing and service. An application for rehearing or reconsideration may be filed by a party to a proceeding within 15 days, or another period as may be expressly provided by statute applicable to the proceeding, after the issuance of an adjudication or other final order by the agency. The application shall be made by petition, stating specifically the grounds relied upon.(b)Specification of errors. The petitions for rehearing or reconsideration shall state concisely the alleged errors in the adjudication or other order of the agency. If an adjudication or other order of the agency 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)Response. No answers to petitions for rehearing or reconsideration will be entertained by the agency. If, and to the extent, however, that rehearing or reconsideration is granted by the agency head, a response in the nature of an answer may be filed by any participant within 15 days after the issuance of the order granting rehearing or reconsideration. The response shall be confined to the issues upon which rehearing or reconsideration has been granted.(d)Action on. Unless the agency head acts upon the application for rehearing or reconsideration within 30 days after it is filed, or within the lesser time as may be provided or prescribed by law (see subsection (e)), the application shall be deemed to have been denied.(e)Shortened period for agency action when judicial review is sought. Under Pa.R.A.P. No. 1701(b)(3)(ii) (relating to effect of appeal generally), if a party files a timely petition for review of an adjudication or other final order which is a quasijudicial order for purposes of judicial review, the agency may grant an application for rehearing or reconsideration only within the time prescribed by Pa.R.A.P. No. 1512 (relating to time for petitioning for review) for the filing of a petition for review; otherwise the application shall be deemed to have been denied. Under Pa.R.A.P. No. 1512, the time prescribed for the filing of a petition for review is measured from the date of entry of the original adjudication or other final order and not from the date of filing of the application for rehearing or reconsideration.(f)Concurrent filing of petition for review and application for rehearing or reconsideration. Under this section, agency denial of an application for rehearing or reconsideration may occur after the expiration of the period permitted by Pa. R.A.P. No. 1512 for the filing of a petition for review. Therefore, Pa.R.A.P. No. 1701(b) contemplates that a party may elect to concurrently petition for review and apply for rehearing or reconsideration of an adjudication or other final order and:(1) If rehearing or reconsideration is denied, the original adjudication or other order will be subject to judicial review upon the previously filed petition for review.(2) If rehearing or reconsideration is granted within the time contemplated by subsection (e): (i) The timely order granting rehearing or reconsideration automatically renders inoperative a petition for review theretofore or thereafter filed with respect to the prior adjudication or other final order.(ii) The petitioning party shall and another party may file a praecipe with the prothonotary of the court in which the inoperative petition for review is filed to cause a note to be made on the docket of the court that the petition has been stricken under Pa.R.A.P. No. 1701(b).(iii) If a timely order granting rehearing or reconsideration has been entered under this section, the time for filing a petition for review begins to run anew after the entry of the decision on rehearing or reconsideration, whether or not that decision amounts to a reaffirmation of the prior adjudication or other final order. A new petition for review shall be filed to seek judicial review of the decision on rehearing or reconsideration.The provisions of this §35.241 amended through May 20, 1977, effective 5/21/1977, 7 Pa.B. 1308; amended June 17, 1994, effective 6/18/1994, 24 Pa.B. 3025.See also Pa.R.A.P. No. 1701 (relating to authority of trial court or agency after appeal).
The provisions of this §35.241 amended under section 506 of The Administrative Code of 1929 (71 P. S. § 186).
This section cited in 4 Pa. Code §105.17 (relating to petition for reconsideration); 7 Pa. Code §179.72 (relating to rehearing or reconsideration); 25 Pa. Code §1021.151 (relating to reconsideration of interlocutary orders); 25 Pa. Code §1021.152 (relating to reconsideration of final orders); 28 Pa. Code § 301.7 (relating to fair hearing); 34 Pa. Code §95.98 (relating to decisions of the Board); 34 Pa. Code §111.15 (relating to no other pleadings allowed); 34 Pa. Code §131.111 (relating to decisions of judges); 34 Pa. Code §213.10 (relating to decisions); 40 Pa. Code §15.56 (relating to rehearing or reconsideration); 51 Pa. Code §21.29 (relating to finality; reconsideration); 52 Pa. Code §5.572 (relating to petitions for relief following a final decision); 52 Pa. Code §1005.222 (relating to petitions for relief); 55 Pa. Code §41.211 (relating to reconsideration of interlocutory orders); 55 Pa. Code §275.61 (relating to right to request reconsideration or right to appeal, or both); 58 Pa. Code §494a.8 (relating to rehearing or reconsideration); 61 Pa. Code §703.41 (relating to request for reconsideration); 61 Pa. Code §703.42 (relating to time for filing request for reconsideration and extension); 61 Pa. Code §703.43 (relating to filing a request for reconsideration); and 67 Pa. Code §179.10 (relating to general conditions).