Friday, July 27, 2007

admin. law - appeal - late appeal - nunc pro tunc

Hantman, Inc. v. Office of UC Tax Services

Nunc pro tunc appeal denied where agency rejected the credibility of petitioner's claim that he had a psychological disability -- a phobia about forms.

As a rule, time limits for appeals are mandatory, absent

- fraud or manifestly wrongful or negligent conduct of admininstrative authorities

- non-negligent circumstances of appellant or his/her counsel, if
- the appeal is filed shortly after expiration date and
- the appellee is not prejudiced (Bass - 401 A2d 1133 (Pa. 1979)

- unexpected illness/hospitalization (Cook - 671 A2d 1139 (Pa. 1996))

Even in those case, the party attempting to file an appeal nunc pro tunc carries a "heavy burden to justify an untimely appeal."