- (a) A party, other than the Department, may file an appeal with the Board from the final determination of the Secretary in proceedings conducted under section 8 or 11 of the act (43 P. S. § § 165-8 and 165-11). Grievances filed under section 2.2(e) of the act (43 P. S. § 165-2.2(e)) are governed by § 213.8 (relating to grievances arising from administration of the act).
- (b) Appeals under this chapter shall be filed within 10 days of the date of mailing of the Secretary’s determination. If appeals are filed by mail, first-class mail shall be utilized and the date of the postmark shall be the date of filing.
- (c) The appeal, original and eight copies, shall be filed with the Chairperson of the Board, c/o Office of Chief Counsel, Department of Labor and Industry, Labor and Industry Building, Seventh and Forster Streets, Harrisburg, Pennsylvania 17120.
- (d) Copies shall be served on all other parties, in accordance with the General Rules, and proof of service shall accompany the appeal.
- (e) Cross appeals shall be filed with the Board within 10 days after filing and service of the original appeal, and shall conform to the requirements applicable to appeals.
- (f) Upon receipt of a notice of appeal under this section, the Secretary will promptly transmit the record of the proceedings to the Board.
- (g) Subsection (b) supersedes 1 Pa. Code § 31.11 (relating to timely filing required). Subsection (c) supersedes 1 Pa. Code § 33.15 (relating to number of copies).
Source
The provisions of this § 213.3 adopted February 11, 1994, effective February 12, 1994, 24 Pa.B. 871.
Cross References
This section cited in 34 Pa. Code § 213.2 (relating to definitions); and 34 Pa. Code § 213.5 (relating to briefs).