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Appeals from government agencies - 42 Pa. Cons. Stat. § 933Legal Research Home > Pennsylvania Statutes Sponsored Links
§ 933. Appeals from government agencies.
(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) Except where an employee of the Commonwealth
is involved, determinations of the Pennsylvania Labor
Relations Board under the act of July 23, 1970 (P.L.563,
No.195), known as the Public Employe Relations Act.
Except as otherwise prescribed by general rules, venue
shall be in any county where the unfair labor practice in
question was alleged to have been engaged in, or wherein
the appellant or employer in a representation case
resides or transacts business.
(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.
(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)
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), is
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),
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 of Title 75 (Vehicles).
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