Can a Petition for Reconsideration Be Denied If It Is Filed 30 Days After the Commission's Decision ?
In Muehleisen v. State Civil Service Commission, 66 Pa. Commw. 95, 443 A.2d 867 (Pa. Cmwlth. 1982), affirmed, 501 Pa. 335, 461 A.2d 615 (1983), a petitioner filed a petition for reconsideration with an agency one week after the agency issued its order denying his appeal, but the petitioner did not appeal to this court within 30 days after the Commission issued its original decision.
Subsequently, the agency denied the petition for reconsideration.
The Court held that when an appeal is filed more than 30 days beyond the date of the Commission's decision in violation of Pa. R.A.P. No. 1512(a), the Court may not review the merits of the initial adjudication and order, and our review is limited to the denial of the petition for reconsideration.
Further, because the grant or denial of reconsideration is an act of discretion, we are limited to reviewing the denial of reconsideration to determine whether the Commission committed an abuse of discretion.