Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 35 - FORMAL PROCEEDINGS › Subchapter I - REOPENING AND REHEARING › REHEARING OR RECONSIDERATION › Section 35.241 - Application for rehearing or reconsideration

Current through Register Vol. 54, No. 28, July 13, 2024
(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.