HomeMy WebLinkAbout592-R BorlandMr. William Borland
c/o George M. Schroeck
338 West Sixth Street
Erie, PA 16507
Re: Order No. 592
Dear Mr. Borland:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
RECONSIDERATION ORDER OF THE COMMISSION
Order No. 592 -R
DATE DECIDED: October 14, 1987
DATE MAILED: October 14, 1987
This refers to the request for Reconsideration dated September 22, 1987,
received September 28, 1987, with respect to the above - captioned / Order issued
on September 8, 1987, pursuant to 51 Pa. Code 2.38. The discretion of the
State Ethics Commission to grant reconsideration is properly invoked, pursuant
to our regulations, 51 Pa. Code 2.38(b) when:
(b) Any party may ask the Commission of reconsider an Order within 15
days of service of the Order. The person requesting reconsideration
should present a detailed explanation setting forth the reason why the
Order should be reconsidered. Reconsideration may be granted 'at the
discretion of the Commission only where any of the following occur:
(1) a material error of law has been made;
(2) a material error of fact has been made;
(3) new facts or evidence are provided which
would lead to reversal or modification
of the order and where these could not
be or were not discovered previously by
the exercise of due diligence.
The Commission, having reviewed your request, must DENY your request.
It is clear that the order issued to your client was decided on August
31, 1987 and mailed on September 8, 1987. The 15 day period during which a
request for reconsideration must be made is determined from the later of these
two dates. That is, any request for reconsideration must be forwarded and
received by the Commis within 15 days of September 8, 1987. It is clear
that in computing any period of time regarding requests for appeal or
reconsideration by an administrative agency, the day of issuance (defined as
mailing) is the date from which the time period is determined. Additionally,
the date at which time such a request or appeal is considered filed is the
date of receipt at the office of the agency and not the date of deposit in the
mail. See Getz v. Pennsylvania Game Commission, 83 Pa. Commw. Ct. 59, 475
A.2d 1369, (1984).
Mr. William Borland
Page` 2.
These time requirements are mandatory and absent fraud or negligent
conduct by the administrative agency, such timing requirements may not be
extended. See Dilenno v. Unemployment Compensation Board of Review, 59 Pa.
Commw. Ct. 496, 429 A.2d 1288, (1981); Ma er v. Unem.lo ment Compensation
Board of Review, 27 Pa. Commw. Ct. 44, 66 A.2d 66 , 19 6 .
In the instant situation, it is clear as noted previously, the order of
the State Ethics Commission was mailed on September 8, 1987. The request for
reconsideration which was made on behalf of Mr. Borland by his counsel was
dated September 22, 1987. That request, however, was not received in the
offices of the State Ethics Commission until September 28, 1987, at 11:29 a.m.
The 15 day period during which the request for reconsideration was required to
be made terminated on September 23, 1987. The request for reconsideration,
therefore, was filed five (5) days after the timing period had expired. This
Commission, in the past, has determined the filing requirements regarding a
request for reconsideration are mandatory and absent, of course, a showing of
fraud or break down in the postal systems, such will not be extended. See
Smith, 85 -015; Silver, 85 -012.
In light of the foregoing, the State Ethics Commission concludes that
your request for reconsideration must be DENIED. Accordingly, you have thirty
(30) days from the date of this Reconsideration denial to comply with the •
terms set forth in the original Order. That Order and this decision denying
reconsideration shall be made available as public documents on the fifth
business day following the date of this Order.
By the Commission,
. r8.4.14A, 4142t
G. Sieber Pancoast
Chairman
Mr. George M. Schroeck
Schroeck & Segel, P.C.
338 West 6th Street
Erie, PA 16507
Re: Order No. 592, File No. 85 -126 -C
Dear Mr. Schroeck:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
P.O. BOX 11470
HARRISBURG, PA 17108 -1470
TELEPHONE (717) 783 -1610
March 27, 1989
On March 22, 1989, the State Ethics Commission received
your payment, on behalf of Mr. William Borland, for reimbursing
Girard Township as required by Order No. 592.
We have forwarded your check No. 4872 dated March 15, 1989
in the amount of $1,229.00 to Girard Township.
This letter will be part of the Order and a public record as
such.
JJC /na
cc: Public Binder
Since
ohn J on ino
Execu ive Director