Current through Register Vol. 54, No. 44, November 2, 2024
(a)
Whenever filing is required by this chapter, it is deemed complete upon one of
the following:
(1) Delivery in
person.
(2) If by electronic
submission, upon receipt at the electronic address and in a format as
prescribed by the Department and published in the
Pennsylvania
Bulletin or the Department's web site located at
www.dli.state.pa.us.
(3) If by mail, upon deposit in the United
States mail, properly addressed, postage or charges prepaid, as evidenced by
one of the following:
(i) United States Postal
Service postmark.
(ii) United
States Postal Service Certificate of Mailing (USPS Form 3817 or other similar
United States Postal Service form from which the date of deposit can be
verified), enclosed with the filing or submitted separately to the
Department.
(4) A filing
may be delivered by a common carrier of property which is subject to the
authority of the Pennsylvania Public Utility Commission or the United States
National Surface Transportation Board. The date of filing is the date the
document was delivered to the common carrier, as established by a document or
other record prepared by the common carrier in the normal course of business.
If the date of delivery to the common carrier cannot be determined by the
documents in the record, the date of filing will be the date of its receipt by
the Department.
(b)
Whenever service is required by this chapter, it is deemed complete upon one of
the following:
(1) Delivery in
person.
(2) If by electronic
submission, upon receipt and in a format as prescribed by the Department and
published in the
Pennsylvania Bulletin or the Department's web
site located at
www.dli.state.pa.us.
(3) Except as provided in §
131.81(b)
(relating to subpoenas), if by mail, upon deposit in the United States Mail
properly addressed, postage or charges prepaid and accompanied by proof of
service.
(c) Any notice
or other written communication required to be served upon or furnished to a
party shall also be served upon or furnished to the party's attorney in the
same manner as it is served upon the party.
(d) Whenever a proof of service is required
by this chapter, the proof of service must contain the following:
(1) A statement of the date of
service.
(2) The names of the judge
and others served.
(3) The mailing
address, the applicable zip code and the manner of service on the judge and
others served, and, if applicable, the electronic address to which service was
made.
(e) Unless
otherwise specifically provided in this chapter, whenever the filing or service
is required to be made upon the Department, it shall be made to an address as
may be published in the Pennsylvania Bulletin and on the
Department's web site located at www.dli.state.pa.us. Electronic filing and
service on the Department shall be at the electronic address and in a format as
prescribed by the Department and published in the Pennsylvania Bulletin
and on the Department's web site located at
www.dli.state.pa.us.
(f) Subsections (a)-(e) supersede 1 Pa. Code
§§
31.5,
31.11, 31.13, 31.14, 31.26, 33.32
and 33.34-33.36.
The provisions of this §131.11 amended under sections
401.1, 435(a) and (c) and 1608 of
the Workers' Compensation Act (77 P. S. §§
710,
991(a) and (c) and 2708);
section 2205 of The Administrative Code of 1929 (71 P. S. §
565); and section 414 of The Pennsylvania
Occupational Disease Act (77 P. S. §
1514).
This section cited in 34 Pa. Code §
131.56a (relating to withdrawal of
appearance); 34 Pa. Code §
131.60 (relating to resolution
hearings); 34 Pa. Code §
131.81 (relating to
subpoenas).
