Pennsylvania Consolidated Statutes

42 Pa. Cons. Stat. § 1721 (2026)

Delegation of powers.

✓ current as of May 2026

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SUBCHAPTER B

SPECIFIC POWERS OF THE GOVERNING

AUTHORITY OF THE SYSTEM

Sec.

1721. Delegation of powers.

1722. Adoption of administrative and procedural rules.

1723. General supervisory and administrative authority.

1724. Personnel of the system.

1725. Establishment of fees and charges.

1725.1. Costs.

1725.2. Assumption of summary conviction costs by county.

1725.3. Criminal laboratory and paramedic user fee.

1725.4. Fee increases and automation fee.

1725.5. Booking center fee.

1725.6. Countywide booking center plan.

1725.7. Petition for expungement or order for limited access fee.

1726. Establishment of taxable costs.

1726.1. Forensic examination costs for sexual offenses.

1726.2. Criminal prosecutions involving domestic violence.

1727. Budget and financial matters.

1728. Recognition of related organizations.

1729. Conferences and institutes.

1730. Boards, councils, commissions and committees.

Cross References. Subchapter B is referred to in section 1701 of this title.

§ 1721. Delegation of powers.

(a) General rule.--The Supreme Court may from time to time delegate to any agency or unit of the unified judicial system such of the supervisory and administrative powers of the court, including the powers specified in this subchapter, as may be specified by general rule.

(b) Exception.--Any power based in whole or in part upon authority conferred by any provision of this title or other statutory authority shall not be delegated by the Supreme Court to any agency or unit other than:

(1) A Statewide council which meets the requirements of section 3529(d) (relating to definition).

(2) The Court Administrator of Pennsylvania.

(3) Any other government unit within the system created by the Constitution of Pennsylvania or by statute. A body created pursuant to section 1730 (relating to boards, councils, commissions and committees), other than the council specified by paragraph (1), shall not be deemed to be created by statute for the purposes of this paragraph.

(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)

Cross References. Section 1721 is referred to in sections 102, 1702 of this title; section 1122 of Title 16 (Counties); section 1306 of Title 23 (Domestic Relations).

Notes of Decisions

Cited in 26 cases (5 in the last 5 years), 1988–2023 · leading case: Stewart v. Owens-Corning Fiberglas, 806 A.2d 34 (Pa. Super. Ct. 2002).

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Stewart v. Owens-Corning Fiberglas, 806 A.2d 34 (Pa. Super. Ct. 2002). “While the [Sjupreme [Cjourt can delegate certain supervisory and administrative powers under 42 Pa.C.S. § 1721, we have found nothing to support an assertion that it has granted to the common pleas courts the type of power which is manifest in Rule *212.”

Bradley v. Casey, 547 A.2d 455 (Pa. Commw. Ct. 1988). “Furthermore, only the Supreme Court may delegate its powers, 42 Pa. C. S. §1721, and it is clear that the Court has singularly accorded funding responsibilities to their administrative arm, the.”

Treu v. Harleysville Ins., 662 A.2d 1106 (Pa. Super. Ct. 1995). “While the supreme court can delegate certain supervisory and administrative powers under 42 Pa.C.S. § 1721, we have found nothing to support an assertion that it has granted to the common pleas courts the *573 type of power which is manifest in Rule *212.”

Gilmore v. Commonwealth, 590 A.2d 1369 (Pa. Commw. Ct. 1991). “42 Pa.C.S. § 1721(a). However, the Supreme Court has not adopted any general rule delegating to this court or to any other court the power to promulgate rules of procedure governing statutory appeals.”

In Re: Promulgation of Consum. Price Index Pursuant to 42 Pa.C.S. §§ 1725.1(f) & 3571(c)(4) & Fin. Regulations, 204 Pa. Code §§ 29.401-403 (Pa. 2023). · cites it 2× “V, § 10 of the Pennsylvania Constitution, and 42 Pa.C.S. § 1721, has authorized by Administrative Order, the Court Administrator of Pennsylvania to promulgate regulations relating to the accounting methods to be utilized in connection with the collection of fees and costs…”

Bardsley v. Lawrence, 956 F. Supp. 570 (E.D. Pa. 1997). “” 42 Pa.Cons.Stat. Ann. § 1721. Plaintiff points to no authority suggesting that we may act contrary to the fundamental tenets of federalism by usurping Pennsylvania’s authority over the supervision and administration of its own courts.”

Zeiter v. Christman, 63 Pa. D. & C.4th 20 (2003). · cites it 2× “Article 5, Section 10(c) of the Pennsylvania Constitution gives our [Sjupreme [Cjourt exclusive power to establish rules of procedure for all state courts.”

In Re: Promulgation of Fin. Regulations Pursuant to 42 Pa.C.S. § 3502(a) (Pa. 2016). “V, § 10 of the Pennsylvania Constitution, and 42 Pa.C.S. § 1721, has authorized by Administrative Order, the Court Administrator of Pennsylvania to promulgate regulations relating to the accounting methods to be utilized in connection with the collection of fees and costs…”

In Re: Promulgation of Consum. Price Index Pursuant to 42 Pa.C.S. §§ 1725.1(f) & 3572(c)(4) (Pa. 2016). “Pursuant to Article V, Section 10 of the Pennsylvania Constitution, and 42 Pa.C.S. § 1721, the Supreme Court has authorized the Court Administrator of Pennsylvania to obtain and publish in the Pennsylvania Bulletin on or before November 30 the percentage increase in the Consumer…”

Promulgation of Fin. Regulations Pursuant to 42 Pa.C.S. § 3502(a) (Pa. 2017). “V, § 10 of the Pennsylvania Constitution, and 42 Pa.C.S. § 1721, has authorized by Administrative Order, the Court Administrator of Pennsylvania to promulgate regulations relating to the accounting methods to be utilized in connection with the collection of fees and costs…”

Promulgation of Consum. Price Index Pursuant to 42 Pa.C.S. §§ 1725.1(f) & 3571(c)(4) (Pa. 2017). “Pursuant to Article V, Section 10 of the Pennsylvania Constitution, and 42 Pa.C.S. § 1721, the Supreme Court has authorized the Court Administrator of Pennsylvania to obtain and publish in the Pennsylvania Bulletin on or before November 30 the percentage increase in the Consumer…”

Promulgation of Consum. Price Index Pursuant to Pa.C.S. §§ 1725.1(f) & 3571(c)(4) (Pa. 2018). “Pursuant to Article V, Section 10 of the Pennsylvania Constitution, and 42 Pa.C.S. § 1721, the Supreme Court has authorized the Court Administrator of Pennsylvania to obtain and publish in the Pennsylvania Bulletin on or before November 30 the percentage increase in the Consumer…”

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— 42 Pa. Cons. Stat. § 1721(a) — 1 case

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