Pennsylvania Act 1998-63 — JUDICIAL CODE (42 PA.C.S.) - AMEND GOVERNMENT AGENCY APPEALS

Act text

JUDICIAL CODE (42 PA.C.S.) - AMEND GOVERNMENT AGENCY APPEALS
                  Act of Jun. 5, 1998, P.L. 451, No. 63               Cl. 42
                             Session of 1998
                               No. 1998-63

     SB 97

                                  AN ACT

     Amending Title 42 (Judiciary and Judicial Procedure) of the
        Pennsylvania Consolidated Statutes, further providing for
        appeals from government agencies; and making editorial
        changes.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Section 933(a) of Title 42 of the Pennsylvania
     Consolidated Statutes is amended to read:
      § 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 [of
                denial or suspension of registration]).
                    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. § 3731 (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)  Determinations of the Secretary of the
            Commonwealth appealable under the act of June 3, 1937
            (P.L.1333, No.320), known as the "Pennsylvania Election
            Code," except matters involving Statewide office. Except
            as otherwise prescribed by general rules, the venue of
            such matters shall be as provided in the act.]
                (iv)  Determinations of the [Workmen's] 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 [the act of June 15, 1961 (P.L.373,
            No.207), known as the "Inheritance and Estate Tax Act of
            1961,"] 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)  Determinations of an arbitration panel
            established under the act of October 15, 1975 (P.L.390,
            No.111), known as the "Health Care Services Malpractice
            Act." Except as otherwise prescribed by general rules,
            venue shall be in the county where the cause of action
            arose.]
                (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.
        * * *
        Section 2.  This act shall take effect in 60 days.

     APPROVED--The 5th day of June, A. D. 1998.

     THOMAS J. RIDGE