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15 Pennsylvania opinions name it 4 courts 1970–2021 3 in the last five years
The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Washington Township Independent School District v. Pennsylvania State Board of Educationgreen2 sentences2021Dist. v. Pa. State Bd. of Educ., 153 A.3d 1177, 1181 (Pa. Commw. 2017)).3 Turning to the educational merits of the Coalition’s petition, the Secretary “concur[red] with the Deputy Secretary’s analysis … and adopt[ed] his detailed analysis as a whole.” Id. at 33. 2021Dist. v. Pa. State Bd. of Educ., 153 A.3d 1177, 1181 (Pa. Commw. 2017)).3 Turning to the educational merits of the Coalition’s petition, the Secretary “concur[red] with the Deputy Secretary’s analysis … and adopt[ed] his detailed analysis as a whole.” Id. at 33. | 2 | 2 |
Belasco v. Board of Public Educationgreen1 sentence2021Arnold explains that the Secretary’s review authority is de novo which requires that the Secretary issue an independent determination in accordance with Belasco v. Board of Public Education of the School District of Pittsburgh, 510 A.2d 337, 340-42 (Pa. 1986). | 1 | 1 |
Edwards v. Workers' Compensation Appeal Boardgreen1 sentence2007See, e.g., Edwards v. Workers’ Compensation Appeal Board (MPW Industrial Services, Inc.), 858 A.2d 648 (Pa.Cmwlth.2004). | 1 | 1 |
In Re 42 PA. C. S. § 1703green2 sentences1997S. § 1703, 482 Pa. 522, 534 , 394 A.2d 444, 451 (1978). 1997S. § 1703, 482 Pa. 522, 534 , 394 A.2d 444, 451 (1978). | 1 | 1 |
Patchel v. Board of School Directorsgreen1 sentence1991“Our scope of review is limited here to a determination of whether or not the adjudication was in accordance with law, the petitioner’s constitutional rights were violated and the findings of the Secretary were supported by substantial evidence. 2 Pa. C.S. § 704.” Patchel v. Board of School Directors of Wilkinsburg School District, 42 Pa.Commonwealth Ct. 34, 36, 400 A.2d 229, 230 (1979). | 1 | 1 |
Commonwealth v. Lehmangreen2 sentences1976See Commonwealth v. Lehman, 8 Pa. Commonwealth Ct. 603 , 305 A.2d 730 (1973). 1976See Commonwealth v. Lehman, 8 Pa. Commonwealth Ct. 603 , 305 A.2d 730 (1973). | 1 | 1 |
Ullman Motor Vehicle Operator License Casegreen1 sentence1970Since The Vehicle Code does not require the secretary to hold a hearing with respect to the assessment of the points for failure of the examination or with respect to the suspension for accumulated points, we may not remand the proceedings to the secretary for hearing: Hamsher, supra, Scavo, supra. As to the points which have been assessed against appellant by reason of his convictions for the speeding violations, he had his day in court and due process with respect thereto in the proceedings on the prosecutions growing out of his arrest for those violations: Ullman Motor Vehicle Operator Lice | 1 | 1 |
Morris Chernock v. John W. Gardner, Secretary of Health, Education and Welfaregreen1 sentence1970Cf. also Chernock v. Gardner, 360 F. 2d 257, 259 (3 Cir., 1966) and Swotes v. Gardner, 392 F. 2d 428 (3 Cir., 1968).” Our independent study leads us to the same conclusion, viz., that the right to select a representative payee is discretionary with the secretary and not subject to judicial review. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Pennsylvanians Against Gambling Expansion Fund, Inc. v. Commonwealth
green
2 sentences2008Pennsylvanians Against Gambling Expansion Fund, Inc. v. Commonwealth, 583 Pa. 275 , 877 A.2d 383 (2005). 2008Pennsylvanians Against Gambling Expansion Fund, Inc. v. Commonwealth, 583 Pa. 275 , 877 A.2d 383 (2005). | 2 | 2008–2008 |
Independent Enterprises Inc. Thomas Lozecki v. Pittsburgh Water and Sewer Authority City of Pittsburgh
green
1 sentence2006(Footnotes omitted.) Independent Enterprises, 103 F.3d at 1177-78 . 13 Because a disappointed bidder on a government contract has no right to have a contract awarded to it, Protestant’s due process rights were not violated by the failure of the Secretary to hold a hearing on whether it was a responsible bidder. | 1 | 2006–2006 |
Independent State Store Union v. Pennsylvania Liquor Control Board
green
2 sentences1998Contrary to the Secretary’s claim, however, the Department’s authority to make rules concerning the management of state correctional institutions can fairly be implied from its enabling statute. 6 Nonetheless, it does not necessarily follow that the Bulletins are “regulations” for purposes of the Documents Law and the Review Act. *610 In Independent State Store Union v. Pennsylvania Liquor Control Bd., 495 Pa. 145 , 432 A.2d 1375 (1981), this Court held that the Liquor Control Board’s decisions to change the discount rates afforded to retail outlets, and to add a service and handling charge to 1998Contrary to the Secretary’s claim, however, the Department’s authority to make rules concerning the management of state correctional institutions can fairly be implied from its enabling statute. 6 Nonetheless, it does not necessarily follow that the Bulletins are “regulations” for purposes of the Documents Law and the Review Act. *610 In Independent State Store Union v. Pennsylvania Liquor Control Bd., 495 Pa. 145 , 432 A.2d 1375 (1981), this Court held that the Liquor Control Board’s decisions to change the discount rates afforded to retail outlets, and to add a service and handling charge to | 1 | 1998–1998 |
DuBree v. Commonwealth
green
2 sentences1987However, neither the Judicial Code nor the official immunity tests of DuBree v. Commonwealth, 481 Pa. 540 , 393 A.2d 293 (1978), are applicable in section 1983 cases. 1987However, neither the Judicial Code nor the official immunity tests of DuBree v. Commonwealth, 481 Pa. 540 , 393 A.2d 293 (1978), are applicable in section 1983 cases. | 1 | 1987–1987 |
Fitz v. Intermediate Unit No. 29
green
2 sentences1985While the Secretary is not bound by the hearing examiner’s report and recommendations, see Fitz v. Intermediate Unit No. 29, 43 Pa. Commonwealth Ct. 370 , 403 A.2d 138 (1979), nowhere in the law is it suggested that the Secretary has the authority or mandatory duty to completely disregard the report. 1985While the Secretary is not bound by the hearing examiner’s report and recommendations, see Fitz v. Intermediate Unit No. 29, 43 Pa. Commonwealth Ct. 370 , 403 A.2d 138 (1979), nowhere in the law is it suggested that the Secretary has the authority or mandatory duty to completely disregard the report. | 1 | 1985–1985 |
Hamsher Motor Vehicle Operator License Case
neutral
1 sentence1970Since The Vehicle Code does not require the secretary to hold a hearing with respect to the assessment of the points for failure of the examination or with respect to the suspension for accumulated points, we may not remand the proceedings to the secretary for hearing: Hamsher, supra, Scavo, supra. As to the points which have been assessed against appellant by reason of his convictions for the speeding violations, he had his day in court and due process with respect thereto in the proceedings on the prosecutions growing out of his arrest for those violations: Ullman Motor Vehicle Operator Lice | 1 | 1970–1970 |
Alan J. Swotes v. John W. Gardner, Secretary of Health, Education and Welfare
green
1 sentence1970Cf. also Chernock v. Gardner, 360 F. 2d 257, 259 (3 Cir., 1966) and Swotes v. Gardner, 392 F. 2d 428 (3 Cir., 1968).” Our independent study leads us to the same conclusion, viz., that the right to select a representative payee is discretionary with the secretary and not subject to judicial review. | 1 | 1970–1970 |
Vivio Motor Vehicle Operator License Case
green
2 sentences1970In Vivio Motor Vehicle Operator License Case, 209 Pa. Superior Ct. 90 (1966), the secretary suspended the license without first having had a hearing or notifying the licensee of the right to a hearing. 1970In Vivio Motor Vehicle Operator License Case, 209 Pa. Superior Ct. 90 (1966), the secretary suspended the license without first having had a hearing or notifying the licensee of the right to a hearing. | 1 | 1970–1970 |
Romm Motor Vehicle Operator License Case
green
1 sentence1970Subsection (i) and the above-quoted portion of subsection (k) of section 619.1 are mandatory, requiring that upon the accumulation of 11 or more points the secretary suspend the license for the period stipulated, without hearing: Virnelson Motor Vehicle Operator License Case, 212 Pa. Superior Ct. 359 (1968); Romm Motor Vehicle Operator License Case, 212 Pa. Superior Ct. 369 (1968); Baumer Motor Vehicle Operator License Case, 212 Pa. Superior Ct. 372 (1968); Wall Motor Vehicle Operator License Case, 212 Pa. Superior Ct. 376 (1968). | 1 | 1970–1970 |
Baumer Motor Vehicle Operator License Case
green
1 sentence1970Subsection (i) and the above-quoted portion of subsection (k) of section 619.1 are mandatory, requiring that upon the accumulation of 11 or more points the secretary suspend the license for the period stipulated, without hearing: Virnelson Motor Vehicle Operator License Case, 212 Pa. Superior Ct. 359 (1968); Romm Motor Vehicle Operator License Case, 212 Pa. Superior Ct. 369 (1968); Baumer Motor Vehicle Operator License Case, 212 Pa. Superior Ct. 372 (1968); Wall Motor Vehicle Operator License Case, 212 Pa. Superior Ct. 376 (1968). | 1 | 1970–1970 |
Wall Motor Vehicle Operator License Case
green
1 sentence1970Subsection (i) and the above-quoted portion of subsection (k) of section 619.1 are mandatory, requiring that upon the accumulation of 11 or more points the secretary suspend the license for the period stipulated, without hearing: Virnelson Motor Vehicle Operator License Case, 212 Pa. Superior Ct. 359 (1968); Romm Motor Vehicle Operator License Case, 212 Pa. Superior Ct. 369 (1968); Baumer Motor Vehicle Operator License Case, 212 Pa. Superior Ct. 372 (1968); Wall Motor Vehicle Operator License Case, 212 Pa. Superior Ct. 376 (1968). | 1 | 1970–1970 |
Virnelson Motor Vehicle Operator License Case
green
1 sentence1970Subsection (i) and the above-quoted portion of subsection (k) of section 619.1 are mandatory, requiring that upon the accumulation of 11 or more points the secretary suspend the license for the period stipulated, without hearing: Virnelson Motor Vehicle Operator License Case, 212 Pa. Superior Ct. 359 (1968); Romm Motor Vehicle Operator License Case, 212 Pa. Superior Ct. 369 (1968); Baumer Motor Vehicle Operator License Case, 212 Pa. Superior Ct. 372 (1968); Wall Motor Vehicle Operator License Case, 212 Pa. Superior Ct. 376 (1968). | 1 | 1970–1970 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.