Petition for Reconsideration (Administrative Agency)

APPLICATION FOR REHEARING OR RECONSIDERATION OF AGENCY ADJUDICATION

COMMONWEALTH OF PENNSYLVANIA — BEFORE [AGENCY NAME]

Docket No.: [________________________________]

Agency: [________________________________]

IN THE MATTER OF:

[________________________________]
(Petitioner/Applicant for Reconsideration)

IMPORTANT FILING INFORMATION

I. PRELIMINARY STATEMENT

1. Petitioner, [________________________________] ("Petitioner"), by and through undersigned counsel, respectfully submits this Application for Rehearing or Reconsideration of the ☐ Adjudication / ☐ Final Order ("Adjudication") issued by [________________________________] ("Agency") on [__/__/____] in the above-captioned matter.

2. This Application is filed pursuant to 1 Pa. Code § 35.241, which authorizes any party to a proceeding to file an application for rehearing or reconsideration within 15 days after the issuance of an adjudication or other final order by the agency, unless a different period is expressly provided by applicable statute.

3. The Adjudication was issued on [__/__/____]. This Application is filed on [__/__/____], within the 15-day period prescribed by law.

4. Petitioner seeks rehearing or reconsideration on the grounds that the Adjudication contains errors of law, is not supported by substantial evidence, and/or involves material matters warranting a different result.

II. JURISDICTION AND AUTHORITY

5. The Agency issued the Adjudication pursuant to its authority under [________________________________] (cite agency's enabling statute) and in accordance with the General Rules of Administrative Practice and Procedure, 1 Pa. Code Part II.

6. This Application is authorized by 1 Pa. Code § 35.241, which provides that "an application for rehearing or reconsideration of the action of an agency may be filed by a party to a proceeding within 15 days, or another period as may be expressly provided by statute applicable to the proceeding, after issuance of an adjudication or other final order by the agency."

7. The underlying matter involved an adjudication as defined by 2 Pa.C.S. § 101, which includes "any final order, decree, decision, determination or ruling by an agency affecting personal or property rights, privileges, immunities, duties, liabilities or obligations."

8. The Agency's adjudicatory authority derives from 2 Pa.C.S. §§ 501-508 and the agency's specific enabling legislation.

III. PARTIES

9. Petitioner: [________________________________], whose address is [________________________________], [________________________________], Pennsylvania [____]. Petitioner was a ☐ respondent / ☐ applicant / ☐ licensee / ☐ claimant / ☐ regulated entity / ☐ other: [________________________________] in the underlying proceeding.

10. Agency/Respondent: [________________________________], located at [________________________________], Harrisburg, Pennsylvania [____].

11. Other Parties of Record (if applicable):
    - [________________________________]
    - [________________________________]

IV. PROCEDURAL HISTORY

12. On or about [__/__/____], the Agency initiated the proceeding by issuing a [________________________________] (e.g., Notice of Hearing, Order to Show Cause, Notice of Proposed Action, Denial of Application).

13. Petitioner filed an answer/response on [__/__/____].

14. A hearing was conducted before [________________________________] (presiding officer/hearing examiner) on the following dates: [________________________________].

15. The presiding officer issued a Proposed Report / Proposed Adjudication on [__/__/____], which recommended: [________________________________].

16. Petitioner filed exceptions to the Proposed Report pursuant to 1 Pa. Code § 35.211 on [__/__/____].

17. The Agency Head / Board / Commission reviewed the record and issued the Final Adjudication on [__/__/____], which:
    - ☐ Adopted the Proposed Report in full
    - ☐ Modified the Proposed Report as follows: [________________________________]
    - ☐ Rejected the Proposed Report and entered substitute findings: [________________________________]
    - ☐ Imposed the following penalty/action: [________________________________]

18. The Adjudication was served on Petitioner on [__/__/____] by ☐ certified mail / ☐ regular mail / ☐ personal service / ☐ electronic means.

V. GROUNDS FOR RECONSIDERATION

Pursuant to 1 Pa. Code § 35.242, Petitioner states specifically the following grounds for rehearing or reconsideration (check all that apply):

A. Errors in the Adjudication

☐ The Adjudication contains errors of law that require correction.

19. The Agency erred as a matter of law in the following respects:

a. The Agency misinterpreted [________________________________] (statute/regulation) by concluding that [________________________________]. The correct interpretation, as established by [________________________________] (cite Commonwealth Court or Pennsylvania Supreme Court authority), requires [________________________________].

b. The Agency applied an incorrect legal standard. The applicable standard under Pennsylvania law is [________________________________]. See [________________________________].

c. The Agency's Adjudication is contrary to settled Pennsylvania law as expressed in [________________________________] (citation).

B. Findings Not Supported by Substantial Evidence

☐ The findings of fact are not supported by substantial evidence in the record.

20. Under 2 Pa.C.S. § 704, a court reviewing an agency adjudication must determine whether the findings are supported by substantial evidence. The following findings fail this standard:

a. Finding No. [____]: [________________________________]. This finding is unsupported because [________________________________]. (Cite transcript pages, exhibits.)

b. Finding No. [____]: [________________________________]. The record evidence actually demonstrates [________________________________].

C. Matters Arising Since the Hearing

☐ Matters have arisen since the hearing and decision that warrant vacating, reversing, or modifying the Adjudication.

21. Pursuant to 1 Pa. Code § 35.241, which permits reconsideration "by reason of matters that have arisen since the hearing and decision or order," the following matters have arisen:

a. Description: [________________________________]

b. Relevance to the Adjudication: [________________________________]

c. Impact on outcome: [________________________________]

D. Consequences of Compliance

☐ A consequence that would result from compliance with the Adjudication warrants modification.

22. Pursuant to 1 Pa. Code § 35.241, which permits reconsideration "by reason of a consequence that would result from compliance therewith," the following consequences require the Agency's reconsideration:

a. [________________________________]

b. [________________________________]

E. Newly Discovered Evidence

☐ Newly discovered evidence exists that was not reasonably available at the time of the hearing.

23. Since the issuance of the Adjudication, Petitioner has discovered the following evidence:

a. Description: [________________________________]

b. Reason not previously available: [________________________________]

c. Materiality: [________________________________]

d. Attached as Exhibit [____].

F. Material Mistake or Oversight

☐ The Adjudication contains a material factual error or significant oversight.

24. The Agency's Adjudication overlooked or failed to consider:

a. [________________________________]

b. [________________________________]

G. Constitutional Violation

☐ The Adjudication violates Petitioner's constitutional rights.

25. The Adjudication violates Petitioner's rights under the Pennsylvania Constitution, Article I, and/or the U.S. Constitution because:

a. [________________________________]

b. [________________________________]

VI. ARGUMENT

26. [________________________________]

(Provide a detailed legal argument supporting each ground for reconsideration. Include citations to the hearing record, exhibits, Pennsylvania statutes, Pennsylvania Code provisions, and controlling case law from the Commonwealth Court and Pennsylvania Supreme Court. Concisely describe the alleged errors as required by 1 Pa. Code § 35.242.)

27. [________________________________]

28. [________________________________]

VII. COMMON PENNSYLVANIA AGENCIES AND SPECIFIC CONSIDERATIONS

Select the applicable agency and note any agency-specific reconsideration provisions:

☐ Pennsylvania Public Utility Commission (PUC) — 66 Pa.C.S. § 703(g) (Rehearing); 52 Pa. Code § 5.572 (Petitions for Reconsideration)
☐ Department of Environmental Protection (DEP) — 25 Pa. Code Chapter 1021 (Environmental Hearing Board procedures)
☐ Department of State — Professional licensing boards (Bureau of Professional and Occupational Affairs)
☐ Department of Labor and Industry — Workers' Compensation Appeal Board; Unemployment Compensation Board of Review
☐ Department of Health — Health facility licensing and regulatory matters
☐ Insurance Department — Insurance regulatory hearings
☐ Department of Revenue — Tax appeals to Board of Finance and Revenue (72 P.S. § 1103)
☐ State Civil Service Commission — Civil service employee matters (71 Pa.C.S. § 2603)
☐ Pennsylvania Liquor Control Board (PLCB) — Liquor Code licensing matters (47 P.S. § 4-464)
☐ Department of Banking and Securities — Financial institution regulation
☐ Pennsylvania Gaming Control Board — Gaming Act proceedings
☐ Other: [________________________________]

NOTE — PUC Special Rule: The PUC has specific reconsideration procedures under 52 Pa. Code § 5.572. A petition for relief from a final order must be filed within the applicable statutory time limit or within 15 days of entry of the order, whichever is less.

VIII. RELIEF REQUESTED

WHEREFORE, Petitioner respectfully requests that the Agency:

29. ☐ Vacate the Adjudication dated [__/__/____] in its entirety;

30. ☐ Modify the Adjudication as follows: [________________________________];

31. ☐ Grant a rehearing on the following issues: [________________________________];

32. ☐ Reopen the record to admit newly discovered evidence or evidence of matters arising since the hearing as described above;

33. ☐ Stay enforcement of the Adjudication pending disposition of this Application;

34. ☐ Grant such other and further relief as the Agency deems just and appropriate.

IX. CERTIFICATION OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of this Application for Rehearing or Reconsideration was served upon the following parties by:

☐ Certified mail, return receipt requested
☐ First-class U.S. mail
☐ Personal delivery
☐ Electronic filing/service (if authorized)

X. VERIFICATION

I, [________________________________], hereby verify that the statements of fact contained in this Application for Rehearing or Reconsideration are true and correct to the best of my knowledge, information, and belief. I understand that the statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 (Unsworn Falsification to Authorities).

Dated: [__/__/____]

________________________________________
[Name]
[Title, if applicable]

XI. SIGNATURE BLOCK

________________________________________
[Attorney Name]
[PA Attorney ID No.]
[Law Firm Name]
[Address Line 1]
[Address Line 2]
[City, State ZIP]
[Telephone]
[Facsimile]
[Email]
Counsel for Petitioner

XII. EXHIBITS

☐ Exhibit A: Final Adjudication / Order dated [__/__/____]
☐ Exhibit B: Proposed Report / Proposed Adjudication (if applicable)
☐ Exhibit C: Exceptions filed [__/__/____] (if applicable)
☐ Exhibit D: Hearing transcript excerpts (pages [____] through [____])
☐ Exhibit E: Newly discovered evidence or post-hearing matters (if applicable)
☐ Exhibit F: Supporting affidavits or verifications
☐ Exhibit G: [________________________________]

NEXT STEPS AND PRACTICE NOTES

Filing Checklist

☐ Verify that the Application is filed within 15 days of the date the Adjudication was issued (or shorter period if prescribed by specific statute)
☐ Confirm the agency's filing address and any electronic filing requirements
☐ State specifically and concisely the alleged errors as required by 1 Pa. Code § 35.242
☐ If seeking reconsideration based on post-hearing matters or consequences of compliance, set forth those matters in the petition per 1 Pa. Code § 35.241
☐ Serve all parties of record
☐ Attach all referenced exhibits
☐ Include verification under 18 Pa.C.S. § 4904

Deemed Denial and Judicial Review

☐ If the Agency does not act on the Application within 30 days of filing (or lesser time prescribed by law), the Application is deemed denied under 1 Pa. Code § 35.241
☐ A timely order granting rehearing or reconsideration resets the time for filing a Petition for Review with Commonwealth Court — a new petition for review must be filed after the decision on rehearing
☐ If reconsideration is denied or deemed denied, the Petition for Review must be filed with the Commonwealth Court within 30 days from the final order under Pa.R.A.P. 1512(a)
☐ Venue: Commonwealth Court of Pennsylvania has original jurisdiction over appeals from most state agency adjudications under 42 Pa.C.S. § 763
☐ Standard of review: whether the adjudication is supported by substantial evidence, violates constitutional rights, or is in error of law (2 Pa.C.S. § 704)
☐ The filing of an application for reconsideration does not automatically toll the 30-day appeal period — you must confirm tolling under the specific statute or obtain an order granting reconsideration within the appeal period

Protective Filing Strategy

☐ Consider filing a protective Petition for Review with Commonwealth Court simultaneously if there is any doubt about whether the Application for Reconsideration tolls the appeal deadline
☐ Many practitioners file both to preserve appellate rights

SOURCES AND REFERENCES

• Pennsylvania Administrative Agency Law: 2 Pa.C.S. §§ 501-508
• General Rules of Administrative Practice and Procedure: 1 Pa. Code Part II
• Application for Rehearing or Reconsideration: 1 Pa. Code § 35.241
• Contents of Application: 1 Pa. Code § 35.242
• Judicial Review Standard: 2 Pa.C.S. § 704
• Commonwealth Court Jurisdiction: 42 Pa.C.S. § 763
• Appellate Rules — Petitions for Review: Pa.R.A.P. 1512(a)
• Pennsylvania Code and Bulletin: https://www.pacodeandbulletin.gov/

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice and should not be used without review by a qualified attorney licensed in Pennsylvania.