Current through Register Vol. 54, No. 49, December 7, 2024
Section 1021.35 - Date of service(a) For electronic service, the date of service of a document is the date that the electronic filing provider transmits the notice of electronic filing. For other types of service, the date of service is the date the document served is mailed, delivered in person or transmitted to the party's facsimile line.(b) For the sole purpose of computing the deadlines under this chapter for responding to documents: (1) Documents served by electronic service shall be deemed served, for purposes of responding, when notice of the electronic filing is transmitted to registered users in the proceeding, provided the transmission is complete before 4:30 p.m. Eastern Time on a business day. Otherwise, documents served by electronic service shall be deemed served the next business day.(2) Documents served by facsimile shall be deemed served, for purposes of responding, when transmission of the facsimile is complete, provided the transmission is complete before 4:30 p.m. Eastern Time on a business day. Otherwise, documents served by facsimile shall be deemed served the next business day.(3) Documents served by mail shall be deemed served 3 calendar days after the date of actual service.(c) Subsections (a) and (b) supersede 1 Pa. Code §33.34 (relating to date of service).The provisions of this § 1021.35 amended September 3, 1999, effective 9/4/1999, 29 Pa.B. 4683; amended June 28, 2002, effective 6/29/2002, 32 Pa.B. 3085; amended November 29, 2002, effective 11/30/2002, 32 Pa.B. 5883; amended August 8, 2014, effective 8/9/2014, 44 Pa.B 5328; amended October 21, 2022, effective 10/22/2022, 52 Pa.B. 6534.The provisions of this § 1021.35 amended under section 5 of the Environmental Hearing Board Act (35 P.S. § 7515).