Pennsylvania Code
Title 37 - LAW
Part II - Board of Probation and Parole
Chapter 73 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE
Section 73.1 - Appeals and petitions for administrative review
Universal Citation: 37 PA Code ยง 73.1
Current through Register Vol. 54, No. 44, November 2, 2024
(a) Appeals.
(1) An interested party, by counsel unless
unrepresented, may appeal a revocation decision. Appeals shall be received at
the Board's Central Office within 30 days of the mailing date of the Board's
order. When a timely appeal of a revocation decision has been filed, the
revocation decision will not be deemed final for purpose of appeal to a court
until the Board has mailed its decision on the appeal. This subsection
supersedes 1 Pa. Code §35.226 (relating to final
orders).
(2) The scope of review of
an appeal will be limited to whether the decision is supported by substantial
evidence, an error of law has been committed or there has been a violation of
constitutional law.
(3) The failure
of an appeal to present with accuracy, brevity, clearness and specificity
whatever is essential to a ready and adequate understanding of the factual and
legal points requiring consideration will be a sufficient reason for denying
the appeal.
(4) Second or
subsequent appeals and appeals which are out of time under these rules will not
be received.
(b) Petitions for administrative review.
(1) A parolee, by counsel unless
unrepresented, may petition for administrative review under this subsection of
determinations relating to revocation decisions which are not otherwise
appealable under subsection (a). Petitions for administrative review shall be
received at the Board's Central Office within 30 days of the mailing date of
the Board's determination. When a timely petition has been filed, the
determination will not be deemed final for purposes of appeal to a court until
the Board has mailed its response to the petition for administrative review.
This subsection supersedes 1 Pa. Code § 35.226.
(2) The failure of a petition for
administrative review to present with accuracy, brevity, clearness and
specificity whatever is essential to a ready and adequate understanding of the
factual and legal points requiring consideration will be a sufficient reason
for denying the petition.
(3)
Second or subsequent petitions for administrative review and petitions for
administrative review which are out of time under this part will not be
received.
(4) An employe of the
Board designated by the Chairperson may review and respond to a petition for
administrative review.
The provisions of this §73.1 amended under section 506 of The Administrative Code of 1929 (71 P. S. § 186); and the act of August 6, 1941 (P. L. 861, No. 323) (61 P. S. § § 331.1-331.34).
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