(a) Whenever a
pleading, submittal or other document is required or permitted to be filed
under this title or by statute, it will be deemed to be filed on one of the
following dates:
(1) On the date actually
received in the office of the Secretary.
(2) On the date deposited with an overnight
express delivery service as shown on the express delivery receipt attached to
or included within the envelope containing the document.
(3) On the date deposited in the United
States Mail as shown by the United States Postal Service stamp on the envelope
or noted on a United States Postal Service Form 3817 certificate of mailing. A
mailing envelope stamped by an in-house postage meter is insufficient proof of
the date of mailing.
(4) On the
date stated on the confirmation of receipt from the Commission's electronic
filing system, when the time shown is prior to 4:30 p.m. local prevailing time
in the Eastern Time Zone (United States of America) and the date shown is a day
on which the Commission offices are open. When a document is filed
electronically when the offices of the Commission are closed, the document will
be deemed to be filed at the time the offices next open.
(b) Failure to include a legible delivery
receipt with a document submitted in accordance with the methods specified in
subsection (a)(2) or (3) may result in an untimely filing.
(c) A document transmitted by telefacsimile
to the Commission will not be accepted for filing within the meaning of this
section.
(d) Subsection (a)
supersedes 1 Pa. Code §
31.11 (relating to timely filing
required).
Notes
The
provisions of this § 1.11 adopted October 12, 1984, effective
1/1/1985, 14 Pa.B. 3819; amended
December 2, 1988, effective 1/3/1989, 18 Pa.B. 5451; amended January 24,
1997, effective 1/25/1997, 27
Pa.B. 414; amended April 28, 2006, effective 4/29/2006, 36 Pa.B. 2097; amended September 26,
2008, effective 9/27/2008, 38
Pa.B. 5303.
The provisions of this § 1.11 amended under the Public
Utility Code,
66 Pa.C.S. §
§
309-311,
315,
331-335,
501,
504-506,
701-703,
1101-1103,
1301 and
1501.
This section cited in 52 Pa. Code §
1.36 (relating to verification);
52 Pa. Code §
1.37 (relating to number of
copies); 52 Pa. Code §
1.81 (relating to amendments); 52
Pa. Code §
5.502 (relating to filing and
service of briefs); 52 Pa. Code §
5.533 (relating to procedure to
except to initial, tentative and recommended decisions); and 52 Pa. Code §
5.535 (relating to
replies).
