Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part IX - Environmental Hearing Board › Chapter 1021 - PRACTICE AND PROCEDURE › DOCUMENTARY FILINGS › FILING AND SERVICE OF DOCUMENTS › Section 1021.34 - Service by a party

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Notices of
					 appeal shall be served as provided in §
											1021.51 (relating to commencement,
					 form and content). Complaints filed by the Department will be served as
					 provided in §
											1021.71(b)
					 (relating to complaints filed by the Department).
(b) Copies of each document filed with the
					 Board shall be served upon every party to the proceeding on or before the day
					 that the document is filed with the Board. Service upon a party represented by
					 an attorney in the matter before the Board shall be made by serving the
					 attorney.
(c) Electronic service of
					 documents to other registered users through the electronic filing provider
					 shall be considered valid and effective service and have the same legal effect
					 as serving an original paper document. Registered users who receive documents
					 by electronic service shall access the documents using the electronic filing
					 provider.
(d) Documents filed
					 electronically shall be served by hand, mail, other personal delivery or
					 facsimile upon parties who have been excused from electronic filing under
					 §
											1021.32(c)(1)
					 (relating to filing).
(e) Subpoenas
					 and documents that must be conventionally filed with the Board under §
											1021.32(b) shall
					 be served by hand, mail or other personal delivery. Documents that are
					 conventionally or facsimile filed with the Board under §
											1021.32(a) shall
					 be served by hand, mail, other personal delivery or facsimile.
(f) If a party does not receive electronic
					 service in a matter involving a request for expedited disposition, service
					 shall be made upon that party within 24 hours of filing the document with the
					 Board. For purposes of this subsection, service means actual receipt by the
					 party served.
(g) If a person
					 filing electronically becomes aware that the notice of electronic filing was
					 not successfully transmitted to a registered user, or that the notice
					 transmitted to the registered user is defective, the filer shall serve the
					 electronically filed document upon the registered user by hand, mail, other
					 personal delivery or facsimile by 4:30 p.m. on the business day following
					 notification of the deficiency. The filer may also effect service by e-mail,
					 provided the registered user consents to service in that manner.
(h) The filing of a registration statement
					 constitutes a certification that the registered user will accept electronic
					 service of documents permitted to be electronically filed.
(i) Subsections (a)-(h) supersede 1 Pa. Code
					 §
											33.32 (relating to service by a
					 participant).
The provisions of this §
													1021.34 amended under section 5 of
						  the Environmental Hearing Board Act (35 P.S. §
														7515).
This section cited in 25 Pa. Code §
													1021.71 (relating to complaints
						  filed by the Department); 25 Pa. Code §
													1021.72 (relating to complaints
						  filed by other persons); 25 Pa. Code §
													1021.73 (relating to transferred
						  matters); 25 Pa. Code §
													1021.94 (relating to dispositive
						  motions other than summary judgment motions); and 25 Pa. Code §
													1021.94a (relating to summary
						  judgment motions).