Appeal from the Order of the Pennsylvania Game Commission in the case of In Re: Petition of Thomas Carl Getz, Hunting License Revocation, dated July 7, 1983.
Paul R. Ober, with him, Randy A. Rabenold, Erickson, Ober & Ober, for petitioner.
Stuart M. Bliwas, Chief Counsel, for respondent.
Judges Williams, Jr., Barry and Colins, sitting as a panel of three. Opinion by Judge Barry.
This appeal results from a determination of the respondent, the Pennsylvania Game Commission (Commission), dated July 7, 1983, which denied a request by petitioner, Thomas Carl Getz, for a hunting license revocation hearing, thereby affirming a June 3, 1983, order of the Commission suspending petitioner's hunting and trapping license for a three year period.
On December 31, 1982, petitioner was given a citation for assisting a neighbor in transporting three deer which had been taken out of season, in violation of Section 701 of the Pennsylvania Game Law, Act of June 3, 1937, P.L. 1225, as amended, 34 P.S. § 1311.701. Petitioner signed an acknowledgement of guilt and paid a fine of $600.00.
By order dated June 3, 1983, petitioner was notified by the Commission that his hunting and trapping
license had been suspended for a three year period, effective September 1, 1983. The letter informed petitioner that he had thirty days to request a hearing. Petitioner's attorney requested a hearing on the revocation by a letter dated July 1, 1983. The Commission, however, did not receive the letter until July 7, 1983. The same day, the Commission notified petitioner's attorney by letter that the request was being denied because it had not been received by the Commission within the thirty day period. This appeal followed.
The Pennsylvania Code provides, " Time of filing. A request for a hearing must be filed with the Director within 30 days following the issuance of the notice of adverse action or central office recommended resolution." 58 Pa. Code § 145.3(b). The General Rules of Administrative Practice and Procedure provide, "In computing any period of time involving the date of the issuance of an order by an agency, the day of issuance of an order shall be the day the office of the agency mails or delivers copies of the order to the parties. . . ." 1 Pa. Code § 31.13(a) (emphasis added). Furthermore:
Pleadings, submittals, or other documents required or permitted to be filed under this part, the regulations of the agency or any other provision of law must be received for filing at the office of the agency within the time limits, if any, for such filing. The date of receipt at the office of the agency and not the date of deposit in the mails is determinative.
1 Pa. Code § 31.11 (emphasis added). As petitioner was notified of the license revocation by a letter which was posted June 3, 1983, petitioner's request for a hearing had to be ...