(a) When the Prothonotary receives a written
communication that evidences an intention to appeal an adjudication of a state
administrative agency but does not conform to the rules for an appellate
petition for review, the Prothonotary shall time-stamp the written
communication with the date of actual receipt. The Prothonotary shall advise
the party by letter (1) of the procedures necessary to perfect the appeal and
(2) that the date of receipt of the communication or the date of earlier
deposit in the United States mail as prescribed in paragraph (b) will be
preserved as the date of filing of the appeal if that party files a fully
conforming petition for review within 30 days of the date of the Prothonotary's
letter. If the party fails to file a fully conforming petition for review
within that period, the Prothonotary shall advise the party by letter that the
Court will take no further action in the matter.
(b) If the communication is sent by first
class, express, or priority United States Postal Service mail, the
communication shall be deemed received by the Prothonotary for the purposes of
Pa.R.A.P. 121(a) on the date deposited in the United States mail, as shown on a
United States Postal Service Form 3817 Certificate of Mailing, Form 3800
Receipt for Certified Mail, Form 3806 Receipt for Registered Mail, or other
similar United States Postal Service form from which the date of deposit can be
verified. The certificate of mailing or other similar Postal Service form from
which the date of deposit can be verified shall be cancelled by the Postal
Service and shall show the docket number of the matter in the government unit,
and shall be either enclosed with the communication or separately mailed to the
Prothonotary.
Notes
The
provisions of this § 69.211 amended January 17, 2020, effective
immediately, 50 Pa.B. 657.
Amended by
Pennsylvania
Bulletin, Vol 55, No. 17. April 26, 2025, effective
4/26/2025
