Smith v. Pennsylvania Board of Probation & Parole

OPINION BY

Judge COHN

JUBELIRER.

Ryan J. Smith petitions for review of the March 11, 2013 Order of the Pennsylvania Board of Probation and Parole (Board) that dismissed Mr. Smith’s Petition for Administrative Relief (Petition) as untimely pursuant to the regulation at 37 Pa. Code § 73.1 because it was filed more than thirty days after the Board’s Decision and Order (Decision) recommitting Mr. Smith as a technical parole violator (TPV). On appeal, Mr. Smith argues that the Board erred in not permitting him to file the Petition nunc pro tunc because he established a breakdown in the administrative…