§ 933 — Appeals from government agencies

Pennsylvania § 933

• Jurisdiction: Pennsylvania
• Title 42: JUDICIARY AND JUDICIAL PROCEDURE
• Part: PART II
• Ch. 9: ORGANIZATION AND JURISDICTION OF
• Subch.: JURISDICTION OF COURTS OF COMMON PLEAS

Text

(a) General rule.--Except as otherwise prescribed by any general rule adopted pursuant to section 503 (relating to reassignment of matters), each court of common pleas shall have jurisdiction of appeals from final orders of government agencies in the following cases:

(1) Appeals from Commonwealth agencies in the following cases:

(i) Determinations of the Department of Health in connection with any matters concerning birth records. Except as prescribed by general rules, the venue of such matters shall be as provided in 20 Pa.C.S. § 711(9) (relating to birth records) and 20 Pa.C.S. § 713 (relating to special provisions for Philadelphia County).

(ii) Determinations of the Department of Transportation appealable under the following provisions of Title 75 (relating to vehicles):

Section 1377 (relating to judicial review).

Section 1550 (relating to judicial review).

Section 4724(b) (relating to judicial review).

Section 7303(b) (relating to judicial review).

Section 7503(b) (relating to judicial review).

Except as otherwise prescribed by general rules, the venue shall be in the county of the principal place of business of any salvor or messenger service, the location of any inspection station involved, the county where the arrest for a violation of 75 Pa.C.S. § 3802 (relating to driving under influence of alcohol or controlled substance) was made in appeals involving the suspension of operating privileges under 75 Pa.C.S. § 1547 (relating to chemical testing to determine amount of alcohol or controlled substance) or the residence of any individual appellant where the venue is not otherwise fixed by this sentence. In the case of a nonresident individual venue, except as otherwise prescribed by general rules, shall be in the county in which the offense giving rise to the recall, cancellation, suspension or revocation of operating privileges occurred.

(iii) (Deleted by amendment).

(iv) Determinations of the Workers' Compensation Appeal Board appealable under the act of June 21, 1939 (P.L.566, No.284), known as The Pennsylvania Occupational Disease Act. Except as otherwise prescribed by general rules, the venue of such matters shall be as provided in section 427 of the act.

(v) Determinations of the Pennsylvania Liquor Control Board appealable under the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code, except matters appealable under section 433, 444 or 710 of the act. Except as otherwise prescribed by general rules, the venue of such matters shall be as provided in the act.

(vi) Determinations of the Department of Revenue reviewable under Article XXI of the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, or under any predecessor statute, in connection with the administration of the estate of a decedent. Except as otherwise prescribed by general rules, the venue of such matters shall be in the court having jurisdiction over the administration of the related estate.

(vii) (Deleted by amendment).

(viii) (Deleted by amendment).

(ix) Determinations of the Department of Labor and Industry or the Department of Commerce reviewable under the act of December 15, 1980 (P.L.1203, No.222), known as the Building Energy Conservation Act. Except as otherwise prescribed by general rules, venue shall be in the county where the building is located.

(2) Appeals from government agencies, except Commonwealth agencies, under Subchapter B of Chapter 7 of Title 2 (relating to judicial review of local agency action) or otherwise.

(3) Appeals jurisdiction of which is vested in the courts of common pleas by any statute hereafter enacted.

(b) Awards of arbitrators.--Except as otherwise prescribed by any general rule adopted pursuant to section 503, each court of common pleas shall have jurisdiction of petitions for review of an award of arbitrators appointed in conformity with statute to arbitrate a dispute between a government agency, except a Commonwealth agency, and an employee of such agency. The application shall be deemed an appeal from a government agency for the purposes of section 762(4) (relating to appeals from courts of common pleas) and Chapter 55 (relating to limitation of time).

(c) Concurrent and exclusive jurisdiction.--Except as otherwise provided by statute or prescribed by general rule adopted pursuant to section 503:

(1) The jurisdiction of a court of common pleas of a judicial district under this section shall be exclusive as to a government agency which has jurisdiction only within such judicial district, and shall be concurrent with the courts of common pleas of all judicial districts in which the government agency has jurisdiction where such agency has jurisdiction in more than one judicial district.

(2) Whenever proceedings are commenced in two or more courts with respect to the same determination of a government agency, exclusive jurisdiction shall be vested in the court having jurisdiction in which such proceedings are first commenced.

Legislative History

(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Dec. 5, 1980, P.L.1104, No.189, eff. imd.; Dec. 20, 1982, P.L.1409, No.326, eff. 60 days; June 5, 1998, P.L.451, No.63, eff. 60 days; Sept. 30, 2003, P.L.120, No.24, eff. Feb. 1, 2004; July 4, 2008, P.L.286, No.35, eff. July 1, 2008) 2008 Amendment.Act 35 deleted subsec. (a)(1)(vii). Section 2 of Act 35 provided that each court of common pleas shall retain jurisdiction over appeals of cases filed and pending with them prior to the effective date of Act 35. 2003 Amendment.Act 24 amended subsec. (a)(1)(ii). 1998 Amendment.Act 63 amended subsec. (a). 1978 Amendment.Act 53 added present section 933 and repealed former section 933 relating to the same subject matter. Transfer of Records.Section 6 of Act 189 of 1980 provided that the Prothonotary of the Commonwealth Court shall, except as otherwise ordered by the court in the interest of justice, transfer to the appropriate office of the clerk of the court of common pleas all dockets, records, pleadings and other papers, or certified copies thereof, relating to all pending matters jurisdiction of which is vested in another tribunal by reason of 42 Pa.C.S. § 761(a)(1)(iv) or 933(a)(1)(v) as added or amended by Act 189. References in Text.The Department of Commerce, referred to in subsec. (a)(1)(ix), was renamed the Department of Community and Economic Development by Act 58 of 1996. Section 7503 of Title 75, referred to in subsec. (a)(1)(ii), was deleted by amendment. The act of December 15, 1980, P.L.1203, No.222, known as the Building Energy Conservation Act, referred to in subsec. (a) (1) (ix), was repealed by the act of November 10, 1999, P.L.491, No.45. The subject matter is now contained in the Pennsylvania Construction Code Act. Cross References.Section 933 is referred to in sections 762, 763 of this title; sections 501, 561, 581, 701 of Title 2 (Administrative Law and Procedure); section 1506 of Title 4 (Amusements); sections 1553, 1554, 1556 of Title 75 (Vehicles).