17 Pa. Commw. 366 | Pa. Commw. Ct. | 1975
Opinion by
The Pennsylvania Securities Commission has moved to quash appeals from its order made pursuant to the Pennsylvania Securities Act of 1972
The Commission’s order bears the date April 30, 1974. It was mailed to the appellants on May 2, 1974. The appeals were filed in this court on June 3, 1974.
The Commission first contends that the appeal was untimely filed.
Section 502 of the Appellate Court Jurisdiction Act of 1970
Section 31.12 of the General Rules prescribes the
Hence, the first day of the appeal period here was May 3, 1974 and the last day June 1, 1974. June 1, 1974 was, however, a -Saturday and the period was therefore extended to the next day which was neither a Saturday, Sunday or legal holiday. Monday, June 3, 1974, the date on which the appeals were here filed, was that day.
The Commission cites Purolator Courier Corp. v. Pennsylvania Public Utility Commission, 13 Pa. Commonwealth Ct. 444, 319 A.2d 688 (1974), as supportive of its position. There, we determined that Section 502 of the Appellate Court Jurisdiction Act of 1970 superseded a conflicting section of the Public Utility Law as to the time for appeals from orders of the Public Utility Commission. Here, there is no such conflict. As President Judge Bowman indicated in Purolator: “. . . [The] decision in this case should not be assumed as controlling in similar issues involving different statutory histories. . ..” 13 Pa. Commonwealth Ct. at 449, 319 A.2d at 691.
The Commission also supports its motion to quash by the suggestion that the appellants, by failing to apply for a rehearing under Section 607 (b) of the Pennsylvania Securities Act of 1972, 70 P.S. §1-607(b) (Supp. 1974-1975), have not exhausted their available administrative remedies and have therefore appealed premature
The Commission’s motion to quash is denied.
. Act of Dec. 5, 1972, P.L. —, No. 284, eff. Jan. 1, 1973, 70 P.S. §1-101 et seq. (Supp. 1974-1975).
. Act of July 31, 1970, P.L. 673, No. 223, §502, 17 P.S. §211.502 (Supp. 1974-1975).
. No entry docket is maintained by the Pennsylvania Securities Commission.
. Section 51(a) (26), as amended, of the Administrative Agency Law, Act of June 4, 1945, P.L. 1388, 71 P.S. §1710.51 (a) (26) (Supp. 1974-1975) subjects the Pennsylvania Securities Commission to the provisions of that Law. Section 35, as amended, of the Administrative Agency Law, 71 P.S. §1710.35 (Supp. 1974-1975) gives the agencies and commissions of the Commonwealth authority to adopt regulations prescribing practice and procedure before them. Absent adoption of its own regulation, the Commission’s practice and procedure is governed by the General Rules. 1 Pa. Code §31.1.