Wednesday, May 28, 2008

time - computation

Rodriguez v. Board of Probation and Parole - Commonwealth Court - May 28, 2008 - UNREPORTED DECISION

In a case in which a prisoner challenged the actions of the Board as untimely, the court set out the regulatory and statutory rules for counting time:

1 Pa. Code § 31.1 sets forth how days are to be counted for time periods in regulations. It provides “in computing a period of time prescribed or allowed . . . regulations of the agency . . . ., the day of the act, event or default after which the designated period of time begins to run may not be included, . . . . The last day of the period so computed shall be included, unless it is Saturday, Sunday or a legal holiday in this Commonwealth, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday nor a holiday.”4

n. 4 - Section 1908 of the Statutory Construction Act, 1 Pa. C.S. §1908, counts days in statutes in the same manner. It provides: “When any period of time is referred to in any statute, such period in all cases, . . . shall be so computed as to exclude the first and include the last day of such period[.]”