PRIOR PRINTER'S NO. 64 PRINTER'S NO. 797
No. 62 Session of 1975
INTRODUCED BY MESSRS. BERSON, MANDERINO, SCIRICA, W. D. HUTCHINSON AND WOJDAK, JANUARY 27, 1975
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, MARCH 12, 1975
AN ACT 1 Amending Title 2 (Administrative Law and Procedure) of the 2 Pennsylvania Consolidated Statutes, adding revised, codified and 3 compiled provisions relating to administrative law and 4 procedure. 5 TABLE OF CONTENTS 6 TITLE 2 7 Administrative Law and Procedure 8 Chapter 1. General Provisions 9 § 101. Definitions. 10 § 102. Implementing regulations. 11 § 103. Administrative Agency Law. 12 § 104. Commonwealth Documents Law. 13 § 105. Local Agency Law. 14 § 106. Effect of future legislation. 15 Chapter 3. Promulgation of Regulations 16 Subchapter A. Regulations of Commonwealth 17 Agencies. 18 § 301. Notice of proposed rule making.
1 § 302. Adoption of administrative 2 regulations. 3 § 303. Effective date of regulations. 4 § 304. Omission of notice of proposed 5 rule making. 6 § 305. Approval as to legality. 7 § 306. Format of regulations. 8 § 307. Deposit of agency text of 9 regulations. 10 § 308. Unfiled administrative regula- 11 tions invalid. 12 Subchapter B. Regulations of Local Agencies 13 § 351. Short title and scope of 14 subchapter. 15 § 352. Deposit of agency text of 16 regulations. 17 § 353. Unfiled regulations invalid. 18 § 354. Recording and filing by recorder 19 of deeds. 20 § 355. Uniform procedures and format 21 of regulations. 22 Chapter 5. Practice and Procedure 23 Subchapter A. Practice and Procedure of 24 Commonwealth Agencies 25 § 501. Scope of subchapter. 26 § 502. Representation. 27 § 503. Discipline. 28 § 504. Hearing and record. 29 § 505. Evidence and cross-examination. 30 § 506. Briefs and oral argument. 19750H0062B0797 - 2 -
1 § 507. Contents and service of 2 adjudications. 3 § 508. Notice to Department of Justice. 4 Subchapter B. Practice and Procedure of 5 Local Agencies 6 § 551. Scope of subchapter. 7 § 552. Representation. 8 § 553. Hearing and record. 9 § 554. Evidence and cross-examination. 10 § 555. Contents and service of 11 adjudications. 12 Chapter 7. Judicial Review 13 Subchapter A. Judicial Review of Common- 14 wealth Agency Action 15 § 701. Scope of subchapter. 16 § 702. Appeals. 17 § 703. Scope of review. 18 § 704. Disposition of appeal. 19 Subchapter B. Judicial Review of Local 20 Agency Action 21 § 751. Scope of subchapter. 22 § 752. Appeals. 23 § 753. Scope of review. 24 § 754. Disposition of appeal. 25 Chapter 9. Public Availability of Information 26 § 901. Short title of chapter. 27 § 902. Definitions. 28 § 903. Right to examine public records. 29 § 904. Right to copy public records. 30 § 905. Enforcement of chapter. 19750H0062B0797 - 3 -
1 The General Assembly of the Commonwealth of Pennsylvania 2 hereby enacts as follows: 3 Section 1. Title 2, act of November 25, 1970 (P.L.707, 4 No.230), known as the Pennsylvania Consolidated Statutes, is 5 amended by adding chapters to read: 6 TITLE 2 7 ADMINISTRATIVE LAW AND PROCEDURE 8 Chapter 9 1. General Provisions 10 3. Promulgation of Regulations 11 5. Practice and Procedure 12 7. Judicial Review 13 9. Public Availability of Information 14 CHAPTER 1 15 GENERAL PROVISIONS 16 Sec. 17 101. Definitions. 18 102. Implementing regulations. 19 103. Administrative Agency Law. 20 104. Commonwealth Documents Law. 21 105. Local Agency Law. 22 106. Effect of future legislation. 23 § 101. Definitions. 24 Subject to additional definitions contained in subsequent 25 provisions of this title which are applicable to specific 26 provisions of this title, the following words and phrases when 27 used in this title shall have, unless the context clearly 28 indicates otherwise, the meanings given to them in this section: 29 "Adjudication." Any order, decree, decision, determination 30 or ruling by an agency affecting personal or property rights, 19750H0062B0797 - 4 -
1 privileges, immunities, duties, liabilities or obligations of 2 any or all of the parties to the proceeding in which the 3 adjudication is made. The term does not include any order based 4 upon a proceeding before a court or which involves the seizure 5 or forfeiture of property, paroles, pardons or releases from 6 mental institutions. 7 "Administrative regulation." Any regulation except a 8 proclamation, executive order, executive directive or other 9 similar document promulgated by the Governor, and the term 10 includes a regulation which may be promulgated by an agency only 11 with the approval of the Governor. 12 "Agency." A government agency. 13 "Agency text." The text of a regulation as issued, 14 prescribed or promulgated by the issuing, prescribing or 15 promulgating agency. 16 "Bureau." The Legislative Reference Bureau. 17 "Commonwealth agency." Any executive agency or independent 18 agency. 19 "Commonwealth government." The government of the 20 Commonwealth, including the courts and other officers or 21 agencies of the unified judicial system, the General Assembly, 22 and its officers and agencies, the Governor, and the 23 departments, boards, commissions, authorities and officers and 24 agencies of the Commonwealth, but the term does not include any 25 political subdivision, municipal or other local authority, or 26 any officer or agency of any such political subdivision or local 27 authority. 28 "County Records Committee." The County Records Committee 29 existing under the act of August 14, 1963 (P.L.839, No.407). 30 "Executive agency." The Governor and the departments, 19750H0062B0797 - 5 -
1 boards, commissions, authorities and other officers and agencies 2 of the Commonwealth government, but the term does not include 3 any court or other officer or agency of the unified judicial 4 system, the General Assembly and its officers and agencies, or 5 any independent agency. 6 "Government agency." Any Commonwealth agency or any 7 political subdivision or municipal or other local authority, or 8 any officer or agency of any such political subdivision or local 9 authority. 10 "Government unit." The General Assembly and its officers and 11 agencies, any government agency or any court or other officer or 12 agency of the unified judicial system. 13 "Independent agency." Boards, commissions, authorities and 14 other agencies and officers of the Commonwealth government which 15 are not subject to the policy supervision and control of the 16 Governor, but the term does not include any court or other 17 officer or agency of the unified judicial system or the General 18 Assembly and its officers and agencies. 19 "Joint committee." The Joint Committee on Documents. 20 "Local agency." A government agency other than a 21 Commonwealth agency. 22 "Matter." Action, proceeding or appeal. 23 "Party." Any person who appears in a proceeding before an 24 agency who has a direct interest in the subject matter of such 25 proceeding. 26 "Person." Includes a government unit or an agency of the 27 Federal Government. 28 "Regulation." Any rule or regulation, or order in the nature 29 of a rule or regulation, promulgated by an agency under 30 statutory authority in the administration of any statute 19750H0062B0797 - 6 -
1 administered by or relating to the agency, or prescribing the 2 practice or procedure before such agency. The term includes a 3 proclamation, executive order, executive directive or other 4 similar document promulgated by the Governor. 5 "Statement of policy." Any document, except an adjudication 6 or a regulation, promulgated by an agency which sets forth 7 substantive or procedural personal or property rights, 8 privileges, immunities, duties, liabilities or obligations of 9 the public or any part thereof, and includes, without limiting 10 the generality of the foregoing, any document interpreting or 11 implementing any statute enforced or administered by such 12 agency. 13 § 102. Implementing regulations. 14 (a) General rule.--An agency shall have power to promulgate, 15 amend and repeal reasonable regulations implementing the 16 provisions of this title. 17 (b) Uniform rules.--The Joint Committee on Documents shall 18 have the power, after notice in the Pennsylvania Bulletin and 19 opportunity for hearing, to promulgate, amend and repeal general 20 rules of administrative practice and procedure of the type now 21 set forth in Part II of Title 1 of the Pennsylvania Code, which 22 rules of administrative practice and procedure shall apply to 23 all agencies except to the extent expressly provided otherwise 24 by a regulation promulgated by a particular agency or by statute 25 applicable to proceedings before an agency. Whenever the joint 26 committee finds after notice to the agency affected and 27 opportunity for hearing, that any special rules of 28 administrative practice and procedure promulgated by the agency 29 are unnecessary for the effective performance by the agency of 30 its functions and are not expressly required by statute 19750H0062B0797 - 7 -
1 applicable to proceedings before the agency, the joint committee 2 may by order rescind and delete such unnecessary special rules 3 of practice and procedure. The joint committee shall administer 4 this section with a view toward developing uniform agency rules 5 of practice and procedure to the maximum degree which is 6 consistent with the due administration of public affairs. 7 Nothing in this subsection shall be construed to authorize the 8 joint committee to affect any regulation of an agency which 9 establishes standards, interprets statutory provisions or 10 otherwise imposes substantive requirements or any other 11 regulations other than a rule or regulation relating to practice 12 and procedure. 13 § 103. Administrative Agency Law. 14 (a) General rule.--The provisions of Subchapter A of Chapter 15 5 (relating to practice and procedure of Commonwealth agencies) 16 and Subchapter A of Chapter 7 (relating to judicial review of 17 Commonwealth agency action) shall be known and may be cited as 18 the "Administrative Agency Law." 19 (b) Rule making references.--Whenever any statute makes 20 reference to the Administrative Agency Law for procedures 21 relating to the promulgation of administrative regulations, such 22 reference shall hereafter be deemed to be a reference to 23 Subchapter A of Chapter 3 (relating to regulations of 24 Commonwealth agencies). 25 § 104. Commonwealth Documents Law. 26 The provisions of Subchapter A of Chapter 3 of this title 27 (relating to regulations of Commonwealth agencies) and Part II 28 of Title 45 (relating to publication and effectiveness of 29 Commonwealth documents) shall be known and may be cited as the 30 "Commonwealth Documents Law." 19750H0062B0797 - 8 -
1 § 105. Local Agency Law. 2 The provisions of Subchapter B of Chapter 5 (relating to 3 practice and procedure of local agencies) and Subchapter B of 4 Chapter 7 (relating to judicial review of local agency action) 5 shall be known and may be cited as the "Local Agency Law." 6 § 106. Effect of future legislation. 7 No subsequent statute shall be held to supersede or modify 8 the provisions of this title except to the extent that such 9 statute shall do so expressly. 10 CHAPTER 3 11 PROMULGATION OF REGULATIONS 12 Subchapter 13 A. Regulations of Commonwealth Agencies 14 B. Regulations of Local Agencies 15 SUBCHAPTER A 16 REGULATIONS OF COMMONWEALTH AGENCIES 17 Sec. 18 301. Notice of proposed rule making. 19 302. Adoption of administrative regulations. 20 303. Effective date of regulations. 21 304. Omission of notice of proposed rule making. 22 305. Approval as to legality. 23 306. Format of regulations. 24 307. Deposit of agency text of regulations. 25 308. Unfiled administrative regulations invalid. 26 § 301. Notice of proposed rule making. 27 Except as provided in section 304 (relating to omission of 28 notice of proposed rule making) a Commonwealth agency shall give 29 public notice of its intention to promulgate, amend or repeal 30 any administrative regulation by publication of notice in the 19750H0062B0797 - 9 -
1 Pennsylvania Bulletin. Such notice shall include: 2 (1) The text of the proposed regulation, except any 3 portions thereof omitted pursuant to Part II of Title 45 4 (relating to publication and effectiveness of Commonwealth 5 documents), prepared in such a manner as to indicate the 6 words to be added to or deleted from the presently effective 7 text thereof, if any. 8 (2) A statement of the statutory or other authority 9 under which the regulation or change therein is proposed to 10 be promulgated. 11 (3) A brief explanation of the proposed regulation or 12 change therein. 13 (4) A request for written comments by any interested 14 person concerning the proposed regulation or change therein. 15 (5) Any other statement required by law. 16 § 302. Adoption of administrative regulations. 17 (a) General rule.--Before taking action upon any 18 administrative regulation or change therein the Commonwealth 19 agency shall review and consider any written comments submitted 20 pursuant to section 301 (relating to notice of proposed rule 21 making) and may hold such public hearings as seem appropriate. 22 If the statute or other authority under which a regulation is 23 proposed to be promulgated, amended or repealed requires the 24 holding of public hearings or establishes other procedures in 25 addition to those prescribed by this subchapter, the agency 26 shall hold public hearings or comply with such other procedures 27 as are not inconsistent with the provisions of this subchapter. 28 (b) Changes in text.--The agency text of any administrative 29 regulation or change therein as finally adopted may contain such 30 modifications to the proposed text as published pursuant to 19750H0062B0797 - 10 -
1 section 301 as do not enlarge its original purpose, but 2 modifications which enlarge the original purpose of a proposal 3 as published under section 301 shall be republished thereunder 4 prior to final adoption by the agency. 5 § 303. Effective date of regulations. 6 Except as otherwise provided by regulations promulgated by 7 the Joint Committee on Documents, the effective date specified 8 in any administrative regulation or change therein subject to 9 the provisions of section 301 (relating to notice of proposed 10 rule making) shall be not less than 30 days after the notice of 11 proposed rule making required thereby has been given unless: 12 (1) the regulation: 13 (i) grants or recognizes exemption or relieves 14 restriction; or 15 (ii) interprets a self-executing statute or 16 regulation; or 17 (2) the agency for good cause finds (and incorporates 18 the finding and a brief statement of the reasons therefor in 19 the order adopting the regulation or change therein) that the 20 deferral of the effective date of the regulation or change 21 therein beyond the date specified in the order is 22 impracticable or contrary to the public interest. 23 § 304. Omission of notice of proposed rule making. 24 Except as otherwise provided by regulations promulgated by 25 the Joint Committee on Documents, a Commonwealth agency may omit 26 or modify the procedures specified in section 301 (relating to 27 notice of proposed rule making) and section 302 (relating to 28 adoption of administrative regulations), if: 29 (1) the regulation or change therein relates to: 30 (i) military affairs; 19750H0062B0797 - 11 -
1 (ii) agency organization, management or personnel; 2 (iii) agency procedure or practice; 3 (iv) Commonwealth property, loans, grants, benefits 4 or contracts; or 5 (v) the interpretation of a self-executing statute 6 or regulation; 7 (2) all persons subject to the regulation or change 8 therein are named therein and are either personally served 9 with notice of the proposed promulgation, amendment or repeal 10 or otherwise have actual notice thereof in accordance with 11 law; or 12 (3) the agency for good cause finds (and incorporates 13 the finding and a brief statement of the reasons therefor in 14 the order adopting the regulation or change therein) that the 15 procedures specified in sections 301 and 302 are in the 16 circumstances impracticable, unnecessary, or contrary to the 17 public interest. 18 § 305. Approval as to legality. 19 (a) General rule.--All administrative regulations and 20 changes therein of a Commonwealth agency shall be approved as to 21 legality by the Department of Justice before they are deposited 22 with the Legislative Reference Bureau pursuant to section 307 23 (relating to deposit of agency text of regulations). 24 (b) Appeal from disapproval of independent agency 25 regulations.--In the event the Department of Justice shall rule 26 illegal all or any part of any regulations or changes therein 27 adopted by an independent agency, and such agency or a party 28 before such agency supporting such regulations or changes 29 therein shall disagree with the ruling of the Department of 30 Justice, such agency or party may appeal from the determination 19750H0062B0797 - 12 -
1 of the department to the Commonwealth Court, whereupon the court 2 shall direct the department to approve those parts of the 3 regulations or changes therein ruled illegal which the court 4 finds to be legal. 5 (c) Disapproval of executive agency regulations.--The 6 decision of the Department of Justice shall be final and shall 7 not be subject to any form of judicial review at the instance of 8 an executive agency and the General Assembly hereby waives any 9 right to appeal which the agency might otherwise enjoy under the 10 Constitution of Pennsylvania or otherwise. A party before an 11 executive agency supporting the regulations or changes therein 12 of such agency may obtain judicial review of the decision of the 13 Department of Justice in the manner and within the time provided 14 or prescribed by law. 15 (d) Other review unaffected.--Nothing in this section shall 16 affect the right of any person adversely affected by a 17 regulation or change therein to obtain a determination of the 18 validity thereof in any appropriate proceeding. 19 § 306. Format of regulations. 20 The agency text of all regulations required to be deposited 21 with the Legislative Reference Bureau by this subchapter shall 22 be prepared in such form and format as may be prescribed by 23 regulations promulgated by the Joint Committee on Documents. 24 Such regulations shall require that every administrative 25 regulation or change therein indicate expressly the statutory or 26 other authority under which it is promulgated. 27 § 307. Deposit of agency text of regulations. 28 Two duplicate original copies of the agency text of all 29 administrative and other regulations and changes therein 30 promulgated by a Commonwealth agency, certified by the executive 19750H0062B0797 - 13 -
1 officer, chairman or secretary of the agency, shall be deposited 2 with the Legislative Reference Bureau. The processing, 3 publication and effectiveness of such regulations and changes 4 therein shall be governed by the provisions of Part II of Title 5 45 (relating to publication and effectiveness of Commonwealth 6 documents). 7 § 308. Unfiled administrative regulations invalid. 8 (a) General rule.--An administrative regulation or change 9 therein promulgated after July 1, 1969 by a Commonwealth agency 10 shall not be valid for any purpose until filed by the 11 Legislative Reference Bureau, as provided in Part II of Title 45 12 (relating to publication and effectiveness of Commonwealth 13 documents). 14 (b) Certain prior regulations.--An administrative regulation 15 or change therein promulgated on or before July 1, 1969 by a 16 Commonwealth agency shall be valid only if filed by the 17 Legislative Reference Bureau under the former provisions of 18 section 402 of the act of July 31, 1968 (P.L.769, No.240), known 19 as the "Commonwealth Documents Law" on or before September 2, 20 1969; otherwise such an administrative regulation or change 21 therein shall not be valid for any purpose. 22 SUBCHAPTER B 23 REGULATIONS OF LOCAL AGENCIES 24 Sec. 25 351. Short title and scope of subchapter. 26 352. Deposit of agency text of regulations. 27 353. Unfiled regulations invalid. 28 354. Recording and filing by recorder of deeds. 29 355. Uniform procedures and format of regulations. 30 § 351. Short title and scope of subchapter. 19750H0062B0797 - 14 -
1 (a) Short title.--This subchapter shall be known and may be 2 cited as the "Local Documents Law." 3 (b) Scope.--The requirements and provisions of this 4 subchapter shall be in addition to the requirements and 5 provisions of section 1245 of the act of April 13, 1972 6 (P.L.184, No.62), known as the "Home Rule Charter and Optional 7 Plans Law" or any other similar statute. 8 § 352. Deposit of agency text of regulations. 9 Two duplicate original copies of the agency text of all 10 regulations and changes therein promulgated by a local agency, 11 certified by the executive officer, chairman or secretary of the 12 agency, shall be deposited in the office for the recording of 13 deeds of the county in which the principal office of the agency 14 is located. 15 § 353. Unfiled regulations invalid. 16 (a) General rule.--A regulation or change therein 17 promulgated after the effective date of this subchapter by a 18 local agency shall not be valid for any purpose until filed by 19 the recorder of deeds, as provided in section 354 (relating to 20 recording and filing by recorder of deeds). 21 (b) Existing regulations.--On or before January 1, 1980 22 every local agency shall comply with the provisions of section 23 352 (relating to deposit of agency text of regulations) with 24 respect to all regulations or changes therein promulgated prior 25 to the effective date of this subchapter, in default of which 26 such regulations shall become invalid. 27 § 354. Recording and filing by recorder of deeds. 28 If the recorder of deeds finds that a document deposited 29 pursuant to this subchapter is in the form and format required 30 by any applicable regulations promulgated under section 355 19750H0062B0797 - 15 -
1 (relating to uniform procedures and format of regulations) he 2 shall record and index such document, assign thereto and 3 indicate thereon a distinctive serial number, and indicate 4 thereon the date and time of deposit. Upon such recording the 5 document shall be available for public inspection and copying. 6 One copy of such document shall be retained by the recorder and 7 filed under the name of the local agency which promulgated the 8 regulation or change therein. The other copy shall be 9 transmitted to the legal newspaper, if any, designated by the 10 rules of court for the publication of legal notes in the county. 11 Such transmission shall be for information only and nothing in 12 this subchapter shall be construed to require the publication of 13 regulations in any newspaper at public expense. If an agency and 14 the recorder disagree concerning the form or format of a 15 document required to be deposited with the recorder, the agency 16 may refer the matter to the County Records Committee, which 17 shall resolve the conflict pursuant to the standards and 18 procedures established under section 355. 19 § 355. Uniform procedures and format of regulations. 20 (a) Format of regulations.--The agency text of all local 21 agency regulations and changes therein required to be deposited 22 in any office for the recording of deeds by this subchapter 23 shall be prepared in such form and format as may be prescribed 24 by regulations promulgated by the County Records Committee 25 after: 26 (1) consultation with representatives of the recorders 27 of deeds of this Commonwealth; and 28 (2) notice in the Pennsylvania Bulletin and opportunity 29 for hearing. 30 Such regulations shall require that every regulation or change 19750H0062B0797 - 16 -
1 therein indicate expressly the statutory or other authority 2 under which it is promulgated. 3 (b) Other matters.--The manner in which copies of documents 4 deposited under this subchapter are indexed, numbered and filed, 5 and other matters with respect thereto not otherwise provided 6 for in this subchapter may be prescribed by regulations 7 promulgated or orders adopted by the County Records Committee 8 after consultation with representatives of the recorders of 9 deeds of this Commonwealth. 10 CHAPTER 5 11 PRACTICE AND PROCEDURE 12 Subchapter 13 A. Practice and Procedure of Commonwealth Agencies. 14 B. Practice and Procedure of Local Agencies. 15 SUBCHAPTER A 16 PRACTICE AND PROCEDURE OF COMMONWEALTH AGENCIES 17 Sec. 18 501. Scope of subchapter. 19 502. Representation. 20 503. Discipline. 21 504. Hearing and record. 22 505. Evidence and cross-examination. 23 506. Briefs and oral argument. 24 507. Contents and service of adjudications. 25 508. Notice to Department of Justice. 26 § 501. Scope of subchapter. 27 (a) General rule.--Except as provided in subsection (b), 28 this subchapter shall apply to all Commonwealth agencies. 29 (b) Exception.--None of the provisions of this subchapter 30 shall apply to: 19750H0062B0797 - 17 -
1 (1) Proceedings before the Department of Revenue, 2 Auditor General, Board of Finance and Revenue or Secretary of 3 the Commonwealth, involving the original settlement, 4 assessment or determination or resettlement, reassessment or 5 redetermination, review or refund of taxes, interest or 6 payments made into the Commonwealth treasury. 7 (2) Proceedings before the Secretary of the Commonwealth 8 under the act of June 3, 1937 (P.L.1333, No.320), known as 9 the "Pennsylvania Election Code." 10 § 502. Representation. 11 Any party may be represented before a Commonwealth agency. 12 § 503. Discipline. 13 Any Commonwealth agency may, upon hearing and good cause 14 shown, preclude any person from practice before it. 15 § 504. Hearing and record. 16 No adjudication of a Commonwealth agency shall be valid as to 17 any party unless he shall have been afforded reasonable notice 18 of a hearing and an opportunity to be heard. All testimony shall 19 be stenographically recorded and a full and complete record 20 shall be kept of the proceedings. 21 § 505. Evidence and cross-examination. 22 Commonwealth agencies shall not be bound by technical rules 23 of evidence at agency hearings, and all relevant evidence of 24 reasonable probative value may be received. Reasonable 25 examination and cross-examination shall be permitted. 26 § 506. Briefs and oral argument. 27 All parties shall be afforded opportunity to submit briefs 28 prior to adjudication by a Commonwealth agency. Oral argument 29 upon substantial issues may be heard by the agency. 30 § 507. Contents and service of adjudications. 19750H0062B0797 - 18 -
1 All adjudications of a Commonwealth agency shall be in 2 writing, shall contain findings and the reasons for the 3 adjudication, and shall be served upon all parties or their 4 counsel personally, or by mail. 5 § 508. Notice to Department of Justice. 6 Before notice of any hearing leading to an adjudication is 7 given by a Commonwealth agency, the agency shall submit the 8 matter to its representative in the Department of Justice who 9 shall pass upon the legality of the proposed action or defense. 10 Failure of the agency to submit the matter to the department 11 shall not invalidate any adjudication. 12 SUBCHAPTER B 13 PRACTICE AND PROCEDURE OF LOCAL AGENCIES 14 Sec. 15 551. Scope of subchapter. 16 552. Representation. 17 553. Hearing and record. 18 554. Evidence and cross-examination. 19 555. Contents and service of adjudications. 20 § 551. Scope of subchapter. 21 This subchapter shall apply to all local agencies. 22 § 552. Representation. 23 Any party may be represented before a local agency. 24 § 553. Hearing and record. 25 No adjudication of a local agency shall be valid as to any 26 party unless he shall have been afforded reasonable notice of a 27 hearing and an opportunity to be heard. All testimony may be 28 stenographically recorded and a full and complete record may be 29 kept of the proceedings. In the event all testimony is not 30 stenographically recorded and a full and complete record of the 19750H0062B0797 - 19 -
1 proceedings is not provided by the local agency, such testimony 2 shall be stenographically recorded and a full and complete 3 record of the proceedings shall be kept at the request of any 4 party agreeing to pay the costs thereof. 5 § 554. Evidence and cross-examination. 6 Local agencies shall not be bound by technical rules of 7 evidence at agency hearings, and all relevant evidence of 8 reasonable probative value may be received. Reasonable 9 examination and cross-examination shall be permitted. 10 § 555. Contents and service of adjudications. 11 All adjudications of a local agency shall be in writing, 12 shall contain findings and the reasons for the adjudication, and 13 shall be served upon all parties or their counsel personally, or 14 by mail. 15 CHAPTER 7 16 JUDICIAL REVIEW 17 Subchapter 18 A. Judicial Review of Commonwealth Agency Action 19 B. Judicial Review of Local Agency Action 20 SUBCHAPTER A 21 JUDICIAL REVIEW OF COMMONWEALTH AGENCY ACTION 22 Sec. 23 701. Scope of subchapter. 24 702. Appeals. 25 703. Scope of review. 26 704. Disposition of appeal. 27 § 701. Scope of subchapter. 28 (a) General rule.--Except as provided in subsection (b), 29 this subchapter shall apply to all Commonwealth agencies 30 regardless of the fact that a statute expressly provides that 19750H0062B0797 - 20 -
1 there shall be no appeal from an adjudication of an agency, or 2 that the adjudication of an agency shall be final or conclusive, 3 or shall not be subject to review. 4 (b) Exceptions.--None of the provisions of this subchapter 5 shall apply to: 6 (1) Any matter which is exempt from Subchapter A of 7 Chapter 5 (relating to practice and procedure of Commonwealth 8 agencies). 9 (2) Any appeal from a Commonwealth agency which may be 10 taken initially to the courts of common pleas. 11 § 702. Appeals. 12 Any person aggrieved by a final adjudication of a 13 Commonwealth agency who has a direct interest in such 14 adjudication shall have the right to appeal therefrom in the 15 manner and within the time provided or prescribed by law to the 16 court having jurisdiction over appeals from such adjudication. 17 § 703. Scope of review. 18 (a) General rule.--A party who proceeded before a 19 Commonwealth agency under the terms of a particular statute 20 shall not be precluded from questioning the validity of the 21 statute in the appeal, but such party may not raise upon appeal 22 any other question not raised before the agency (notwithstanding 23 the fact that the agency may not be competent to resolve such 24 question) unless allowed by the court upon due cause shown. 25 (b) Equity actions.--The remedy at law provided by 26 subsection (a) shall not in any manner impair the right to 27 equitable relief heretofore existing, and such right to 28 equitable relief is hereby continued notwithstanding the 29 provisions of subsection (a). 30 § 704. Disposition of appeal. 19750H0062B0797 - 21 -
1 The court shall hear the appeal without a jury on the record 2 certified by the Commonwealth agency. After hearing, the court 3 shall affirm the adjudication unless it shall find that the 4 adjudication is in violation of the constitutional rights of the 5 appellant, or is not in accordance with law, or that the 6 provisions of Subchapter A of Chapter 5 (relating to practice 7 and procedure of Commonwealth agencies) have been violated in 8 the proceedings before the agency, or that any finding of fact 9 made by the agency and necessary to support its adjudication is 10 not supported by substantial evidence. If the adjudication is 11 not affirmed, the court may modify, vacate, set aside or reverse 12 it, in whole, or in part, and may remand the matter to the 13 agency and direct the entry of such appropriate order, or 14 require such further proceedings to be had as may be just under 15 the circumstances. 16 SUBCHAPTER B 17 JUDICIAL REVIEW OF LOCAL AGENCY ACTION 18 Sec. 19 751. Scope of subchapter. 20 752. Appeals. 21 753. Scope of review. 22 754. Disposition of appeal. 23 § 751. Scope of subchapter. 24 (a) General rule.--Except as provided in subsection (b), 25 this subchapter shall apply to all local agencies regardless of 26 the fact that a statute expressly provides that there shall be 27 no appeal from an adjudication of an agency, or that the 28 adjudication of an agency shall be final or conclusive, or shall 29 not be subject to review. 30 (b) Exception.--The provisions of this subchapter shall 19750H0062B0797 - 22 -
1 apply to any adjudication which under any existing statute may 2 be appealed to a court of record, but only to the extent not 3 inconsistent with such statute. 4 § 752. Appeals. 5 Any person aggrieved by a final adjudication of a local 6 agency who has a direct interest in such adjudication shall have 7 the right to appeal therefrom in the manner and within the time 8 provided or prescribed by law to the court having jurisdiction 9 over appeals from such adjudication. 10 § 753. Scope of review. 11 (a) General rule.--A party who proceeded before a local 12 agency under the terms of a particular statute, home rule 13 charter, or local ordinance or resolution shall not be precluded 14 from questioning the validity of the statute, home rule charter 15 or local ordinance or resolution in the appeal, but if a full 16 and complete record of the proceedings before the agency was 17 made such party may not raise upon appeal any other question not 18 raised before the agency (notwithstanding the fact that the 19 agency may not be competent to resolve such question) unless 20 allowed by the court upon due cause shown. 21 (b) Equity actions.--The remedy at law provided by 22 subsection (a) shall not in any manner impair the right to 23 equitable relief heretofore existing, and such right to 24 equitable relief is hereby continued, notwithstanding the 25 provisions of subsection (a). 26 § 754. Disposition of appeal. 27 (a) Incomplete record.--In the event a full and complete 28 record of the proceedings before the local agency was not made, 29 the court may hear the appeal de novo, or may remand the 30 proceedings to the agency for the purpose of making a full and 19750H0062B0797 - 23 -
1 complete record or for further disposition in accordance with 2 the order of the court. 3 (b) Complete record.--In the event a full and complete 4 record of the proceedings before the local agency was made, the 5 court shall hear the appeal without a jury on the record 6 certified by the agency. After hearing the court shall affirm 7 the adjudication unless it shall find that the adjudication is 8 in violation of the constitutional rights of the appellant, or 9 is not in accordance with law, or that the provisions of 10 Subchapter B of Chapter 5 (relating to practice and procedure of 11 local agencies) have been violated in the proceedings before the 12 agency, or that any finding of fact made by the agency and 13 necessary to support its adjudication is not supported by 14 substantial evidence. If the adjudication is not affirmed, the 15 court may modify, vacate, set aside or reverse it, in whole, or 16 in part, and may remand the matter to the agency and direct the 17 entry of such appropriate order, or require such further 18 proceedings to be had as may be just under the circumstances. 19 CHAPTER 9 20 PUBLIC AVAILABILITY OF INFORMATION 21 Sec. 22 901. Short title of chapter. 23 902. Definitions. 24 903. Right to examine public records. 25 904. Right to copy public records. 26 905. Enforcement of chapter. 27 § 901. Short title of chapter. 28 This chapter shall be known and may be cited as the 29 "Pennsylvania Freedom of Information Act." 30 § 902. Definitions. 19750H0062B0797 - 24 -
1 The following words and phrases when used in this chapter 2 shall have, unless the context clearly indicates otherwise, the 3 meanings given to them in this section: 4 "Agency." A government agency or any similar organization 5 created by or pursuant to a statute which declares in substance 6 that such organization performs or has for its purpose the 7 performance of an essential governmental function. 8 "Public record." Any account, voucher or contract dealing 9 with the receipt or disbursement of funds by an agency or its 10 acquisition, use or disposal of services or of supplies, 11 materials, equipment or other property and any minute, order or 12 decision by an agency fixing the personal or property rights, 13 privileges, immunities, duties or obligations of any person; 14 except that the term shall not mean: 15 (1) any report, communication or other paper, the 16 publication of which would disclose the institution, progress 17 or result of an investigation undertaken by an agency in the 18 performance of its official duties, except those reports 19 filed by agencies pertaining to safety and health in 20 industrial plants; or 21 (2) any record, document, material, exhibit, pleading, 22 report, memorandum or other paper, except the record of any 23 conviction for any criminal act: 24 (i) access to or the publication of which is 25 prohibited, restricted or forbidden by statute or order 26 of court; 27 (ii) which would operate to the prejudice or 28 impairment of the reputation or personal security of a 29 person; or 30 (iii) which would result in the loss by the agency 19750H0062B0797 - 25 -
1 of Federal funds. 2 § 903. Right to examine public records. 3 Every public record of an agency shall, at reasonable times, 4 be open for examination and inspection by any citizen of this 5 Commonwealth. 6 § 904. Right to copy public records. 7 Any citizen of this Commonwealth shall have the right to take 8 extracts or make copies of public records and to make 9 photographs or photostats of such records while they are in the 10 possession, custody and control of the lawful custodian thereof 11 or his authorized deputy. 12 § 905. Enforcement of chapter. 13 Any person denied any right granted by this chapter may 14 appeal under Chapter 7 (relating to judicial review) from such 15 denial. If the court determines that such denial was not for 16 just and proper cause under the terms of this chapter, the court 17 may enter such order for disclosure as it may deem proper. 18 Section 2. The following acts and parts of acts are hereby 19 repealed absolutely: 20 Act of June 4, 1945 (P.L.1388, No. 442), known as the 21 "Administrative Agency Law." 22 Act of June 21, 1957 (P.L.390, No. 212), entitled "An act 23 requiring certain records of the Commonwealth and its political 24 subdivisions and of certain authorities and other agencies 25 performing essential governmental functions, to be open for 26 examination and inspection by citizens of the Commonwealth of 27 Pennsylvania; authorizing such citizens under certain conditions 28 to make extracts, copies, photographs or photostats of such 29 records; and providing for appeals to the courts of common 30 pleas." 19750H0062B0797 - 26 -
1 Sections 201 through 208, act of July 31, 1968 (P.L.769, No. 2 240), known as the "Commonwealth Documents Law." 3 Act of December 2, 1968 (P.L.1133, No. 353), known as the 4 "Local Agency Law." 5 Section 3. All other parts of those acts which are specified 6 in section 2 of this act and all other acts and parts of acts 7 are hereby repealed in so far as inconsistent with this act. 8 Section. 4. Unless otherwise provided by a statute 9 authorizing a particular appeal from a Commonwealth agency, no 10 appeal under Subchapter A of Chapter 7 of Title 2 (relating to 11 judicial review of Commonwealth agency action) shall operate as 12 a supersedeas, unless the court to which the appeal is taken, or 13 a judge thereof, shall so order after hearing. Upon due notice 14 to the agency, the court may grant a supersedeas upon such terms 15 and conditions, including the filing of security as it may 16 prescribe. Where the statute, pertaining to a particular subject 17 of adjudication, requires that security be filed as a condition 18 to obtaining a supersedeas, the court shall require adequate 19 security. 20 Section 5. An appeal under 2 Pa. C. S. § 752 (relating to 21 appeals), unless otherwise provided by a statute authorizing a 22 particular appeal, shall be taken within 30 days to the court of 23 common pleas of any judicial district in which the local agency 24 has jurisdiction. If service of an adjudication is made by mail 25 the date of mailing shall be the date of service. 26 SECTION 6. THE COMMONWEALTH COURT SHALL HAVE ORIGINAL <-- 27 JURISDICTION IN ACTIONS OF MANDAMUS AND PROHIBITION TO COURTS OF 28 INFERIOR JURISDICTION WHERE SUCH ACTIONS ARE ANCILLARY TO 29 MATTERS WITHIN ITS APPELLATE JURISDICTION, AND IT, OR ANY JUDGE 30 THEREOF, SHALL HAVE FULL POWER AND AUTHORITY WHEN AND AS OFTEN 19750H0062B0797 - 27 -
1 AS THERE MAY BE OCCASION, TO ISSUE WRITS OF HABEAS CORPUS UNDER
2 LIKE CONDITIONS RETURNABLE TO THE SAID COURT.
3 Section 6 7. This act shall take effect in 60 days except <--
4 that Subchapter B of Chapter 3 of Title 2 of the Pennsylvania
5 Consolidated Statutes, as added by this act, shall take effect
6 in 6 months.
19750H0062B0797 - 28 -
1 § 106: New. Patterned after act of July 31, 1968 (P.L.769, No. 2 240), § 605 (45 P.S. § 1605). 3 2 Pa. C. S. § 301: Substantially a reenactment of act of July 4 31, 1968 (P.L.769, No. 240), § 201 (45 P.S. § 1201). 5 2 Pa. C. S. § 302: Substantially a reenactment of act of July 6 31, 1968 (P.L.769, No. 240), § 202 (45 P.S. § 1202). 7 2 Pa. C. S. § 303: Substantially a reenactment of act of July 8 31, 1968 (P.L.769, No. 240), § 203 (45 P.S. § 1203). 9 2 Pa. C. S. § 304: Substantially a reenactment of act of July 10 31, 1968 (P.L.769, No. 240), § 204 (45 P.S. § 1204). 11 2 Pa. C. S. § 305: Derived from act of July 31, 1968 12 (P.L.769, No. 240), § 205 (45 P.S. § 1205). 13 2 Pa. C. S. § 306: Derived from act of July 31, 1968 14 (P.L.769, No. 240), § 206 (45 P.S. § 1206). 15 2 Pa. C. S. § 307: Substantially a reenactment of act of July 16 31, 1968 (P.L.769, No. 240), § 207 (45 P.S. § 1207). 17 2 Pa. C. S. § 308: Derived from act of July 31, 1968 18 (P.L.769, No. 240), §§ 208 and 402 (45 P.S. §§ 1208 and 1402). 19 2 Pa. C. S. § 351: New. Subsection (a) patterned after act of 20 July 31, 1968 (P.L.769, No. 240), § 101 (45 P.S. § 1101). 19750H0062B0797 - 29 -
1 2 Pa. C. S. § 352: New. Patterned after act of July 31, 1968 2 (P.L.769, No. 240), § 207 (45 P.S. § 1207). 3 2 Pa. C. S. § 353: New. Patterned after act of July 31, 1968 4 (P.L.769, No. 240), §§ 208 and 402 (45 P.S. §§ 1208 and 1402). 5 2 Pa. C. S. § 354: New. Patterned after act of July 31, 1968 6 (P.L.769, No. 240), § 409 (45 P.S. § 1409). 7 2 Pa. C. S. § 355: New. Patterned after act of July 31, 1968 8 (P.L.769, No.240), §§ 206 and 603 (45 P.S. §§ 1206 and 1603). 9 2 Pa. C. S. § 501: Derived from act of June 4, 1945 10 (P.L.1388, No.442), §§ 47 and 50 (71 P.S. §§ 1710.47 and 11 1710.50). 12 2 Pa. C. S. § 502: Derived from of act of June 4, 1945 13 (P.L.1388, No.442), § 11 (71 P.S. § 1710.11). 14 2 Pa. C. S. § 503: Derived from act of June 4, 1945 15 (P.L.1388, No.442), § 12 (71 P.S. § 1710.12). 16 2 Pa. C. S. § 504: Substantially a reenactment of act of June 17 4, 1945 (P.L.1388, No.442) § 31 (71 P.S. § 1710.31). 18 2 Pa. C. S. § 505: Substantially a reenactment of act of June 19 4, 1945 (P.L.1388, No.442), § 32 (71 P.S. § 1710.32). 20 2 Pa. C. S. § 506: Substantially a reenactment of act of June 21 4, 1945 (P.L.1388, No.442), § 33 (71 P.S. § 1710.33). 19750H0062B0797 - 30 -
1 2 Pa. C. S. § 507: Derived from act of June 4, 1945 2 (P.L.1388, No.442), § 34 (71 P.S. § 1710.34). 3 2 Pa. C. S. § 508: Substantially a reenactment of act of June 4 4, 1945 (P.L.1388, No.442), § 36 (71 P.S. § 1710.36). 5 2 Pa. C. S. § 551: Substantially a reenactment of act of 6 December 2, 1968 (P.L.1133, No. 353) §§ 10 and 11 (53 P.S. §§ 7 11310 and 11311). 8 2 Pa. C. S. § 552: Reenactment of act of December 2, 1968 9 (P.L.1133, No. 353), § 3 (53 P.S. § 11303). 10 2 Pa. C. S. § 553: Substantially a reenactment of act of 11 December 2, 1968 (P.L.1133, No. 353), § 4 (53 P.S. § 11304). 12 2 Pa. C. S. § 554: Substantially a reenactment of act of 13 December 2, 1968 (P.L.1133, No. 353), § 5 (53 P.S. § 11305). 14 2 Pa. C. S. § 555: Derived from act of December 2, 1968 15 (P.L.1133, No. 353), § 6 (53 P.S. § 11306). 16 2 Pa. C. S. § 701: Derived from act of June 4, 1945 17 (P.L.1388, No.442), §§ 47 and 50 (71 P.S. §§ 1710.47 and 18 1710.50). De novo appeals to the Commonwealth Court eliminated 19 except in tax and election cases. 20 2 Pa. C. S. § 702: Patterned after act of December 2, 1968 21 (P.L.1133, No. 353), § 7 (53 P.S. § 11307). 19750H0062B0797 - 31 -
1 2 Pa. C. S. § 703: Derived from act of June 4, 1945 2 (P.L.1388, No.442), § 42 (71 P.S. § 1710.42). 3 2 Pa. C. S. § 704: Derived from act of June 4, 1945 4 (P.L.1388, No.442), § 44 (71 P.S. § 1710.44), and act of July 5 31, 1970 (P.L.673, No.223), § 504 (17 P.S. § 211.504). 6 2 Pa. C. S. § 751: Derived from act of December 2, 1968 7 (P.L.1133, No. 353), § 10 (53 P.S. § 11310) and act of June 4, 8 1945 (P.L.1388, No.442), § 47 (71 P.S. § 1710.47). 9 2 Pa. C. S. § 752: Derived from act of December 2, 1968 10 (P.L.1133, No. 353), § 7 (53 P.S. § 11307). 11 2 Pa. C. S. § 753: New. Patterned after 2 Pa. C. S. § 703. 12 2 Pa. C. S. § 754: Derived from act of December 2, 1968 13 (P.L.1133, No. 353), § 8 (53 P.S. § 11308), and act of July 31, 14 1970 (P.L.673, No.223), § 504 (17 P.S. § 211.504). 15 2 Pa. C. S. § 901: New. 16 2 Pa. C. S. § 902: Substantially a reenactment of act of June 17 21, 1957 (P.L.390, No.212), § 1 (65 P.S. § 66.1). 18 2 Pa. C. S. § 903: Substantially a reenactment of act of June 19 21, 1957 (P.L.390, No.212), § 2 (65 P.S. § 66.2). 20 2 Pa. C. S. § 904: Derived from act of June 21, 1957 21 (P.L.390, No.212), § 3 (65 P.S. § 66.3). 19750H0062B0797 - 32 -
1 2 Pa. C. S. § 905: Substantially a reenactment of act of June 2 21, 1957 (P.L.390, No.212), § 4 (65 P.S. § 66.4). 3 Section 2: New. 4 Section 3: New. 5 Section 4: Substantially a reenactment of act of June 4, 1945 6 (P.L.1388, No.442), § 43 (71 P.S. § 1710.43). 7 Section 5: Derived from act of December 2, 1968 (P.L.1133, 8 No.353), §§ 6 and 7 (53 P.S. §§ 11306 and 11307). 9 Section 6: New. INTENDED TO OVERRULE BETHLEHEM MINES CORP. <-- 10 V. COMMONWEALTH, 11 COMM. CT. 375, 313A. 2D 790 (1973) A2L39CM/19750H0062B0797 - 33 -