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42 Pa. Cons. Stat. § 763

  Direct appeals from government agencies.

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§ 763.  Direct appeals from government agencies.

(a)  General rule.--Except as provided in subsection (c), the Commonwealth Court shall have exclusive jurisdiction of appeals from final orders of government agencies in the following cases:

(1)  All appeals from Commonwealth agencies under Subchapter A of Chapter 7 of Title 2 (relating to judicial review of Commonwealth agency action) or otherwise and including appeals from the Board of Claims, the Environmental Hearing Board, the Pennsylvania Public Utility Commission, the Unemployment Compensation Board of Review and from any other Commonwealth agency having Statewide jurisdiction.

(2)  All appeals jurisdiction of which is vested in the Commonwealth Court by any statute hereafter enacted.

(b)  Awards of arbitrators.--The Commonwealth Court shall have exclusive jurisdiction of all petitions for review of an award of arbitrators appointed in conformity with statute to arbitrate a dispute between the Commonwealth and an employee of the Commonwealth. The petition for review shall be deemed an appeal from a government unit for the purposes of section 723 (relating to appeals from Commonwealth Court) and Chapter 55 (relating to limitation of time).

(c)  Exceptions.--The Commonwealth Court shall not have jurisdiction of such classes of appeals from government agencies as are:

(1)  By section 725 (relating to direct appeals from constitutional and judicial agencies) within the exclusive jurisdiction of the Supreme Court.

(2)  By section 933 (relating to appeals from government agencies) within the exclusive jurisdiction of the courts of common pleas.

(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; May 15, 1998, P.L.358, No.57, eff. 180 days)

 

1998 Amendment.  Act 57 amended subsec. (a).

Cross References.  Section 763 is referred to in section 1204 of Title 4 (Amusements); section 8533.1 of Title 24 (Education); section 8157 of Title 35 (Health and Safety); section 2309 of Title 58 (Oil and Gas); sections 531, 1725 of Title 62 (Procurement); section 5953.1 of Title 71 (State Government); sections 1553, 1554, 1556 of Title 75 (Vehicles).

Notes of Decisions
Cited in 364 cases (73 in the last 5 years), 1978–2026 · leading case: Pittman v. Pennsylvania Board of Probation & Parole
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Pittman v. Pennsylvania Board of Probation & Parole (2016) pacommwct · cites it 10× “In varying circumstances, the courts of this Commonwealth have held that when a prisoner challenges the Board’s computation or calculation of his maximum sentence date, that prisoner’s appeal rights include an administrative appeal to the Board and also a statutory appeal to…”
Mohamed v. Commonwealth, Department of Transportation (2012) pa · cites it 17× “We first look to the language of section 763, which grants the Commonwealth Court exclusive jurisdiction over appeals from all Commonwealth agencies, including PennDOT, with only two exceptions.”
Mercury Trucking, Inc. v. Pennsylvania Public Utility Commission (2012) pa · cites it 7× “Upon reviewing the Commission’s jurisdictional statement, we postponed decision of three issues related to jurisdiction, and directed briefing and argument on the following questions: 1.”
Zimmerman v. O'BANNON (1982) pa · cites it 8× “The Attorney General may appeal the decision of the agency by filing a petition for review with the Commonwealth Court in such manner as is provided for appeals from final orders of government agencies pursuant to 42 Pa.C.S. § 763 (relating to direct appeals from government…”
Pittman v. Pennsylvania Board of Probation & Parole (2017) pa · cites it 2× “1), the prisoner’s appellate rights include an administrative appeal to the Board and a statutory appeal therefrom to the Commonwealth Court pursuant to Section 763 of the Judicial Code, 42 Pa.C.S. § 763 (relating to direct appeals from governmental agencies).”
Daniels v. Workers' Compensation Appeal Board (2000) pacommwct · cites it 8× “See Section 763 of the Judicial Code, 42 Pa.C.S. § 763."); County of Armstrong v.”
Bronson v. Central Office Review Committee (1998) pa · cites it 4× “§ 761 (original jurisdiction) or 42 Pa.C.S § 763 (appellate jurisdiction).”
Clair v. Commonwealth, Pennsylvania Board of Probation & Parole (1985) pacommwct · cites it 5× “§761 or whether it is in the nature of an appeal from an order of the Commonwealth agency directed to our appellate jurisdiction under 42 Pa. C. S. §763. Mandamus is available only to compel the performance of a ministerial act or mandatory duty where there exists a clear legal…”
Mohamed v. Commonwealth, Department of Transportation, Bureau of Motor Vehicles (2012) pa · cites it 9× “We first look to the language of section 763, which grants the Commonwealth Court exclusive jurisdiction over appeals from all Commonwealth agencies, including PennDOT, with only two exceptions.”
Society Hill Civic Ass'n v. Pennsylvania Gaming Control Board (2007) pa · cites it 3× “A (relating to judicial review of Commonwealth agency action) and 42 Pa.C.S. § 763 (relating to direct appeals from government agencies), the Supreme Court shall affirm all final orders, determinations or decisions of the board involving the approval, issuance, denial or…”
Town of McCandless v. McCandless Police Officers Ass'n (2006) pa · cites it 2× “See also 42 Pa.C.S. § 763(b) (Commonwealth Court has exclusive jurisdiction over petitions for review of statutory arbitration awards involving Commonwealth employees), § 933(b) (Court of Common Pleas has jurisdiction over petitions for review of statutory arbitration awards…”
Young J. Lee, Inc. v. Commonwealth, Department of Revenue, Bureau of State Lotteries (1983) pa · cites it 4× “; 42 Pa.C.S. § 763. [4] The majority's decision seems to dictate the anomalous result of requiring the department to develop and implement hearing procedures, where they have not previously been required, while the legislatively created Board of Claims will sit idle, wasting its…”
Show all 364 citing cases →
— 42 Pa. Cons. Stat. § 763(a) — 96 cases
Mohamed v. Commonwealth, Department of Transportation (2012) pa “We first look to the language of section 763, which grants the Commonwealth Court exclusive jurisdiction over appeals from all Commonwealth agencies, including PennDOT, with only two exceptions.”
Mercury Trucking, Inc. v. Pennsylvania Public Utility Commission (2012) pa “Upon reviewing the Commission’s jurisdictional statement, we postponed decision of three issues related to jurisdiction, and directed briefing and argument on the following questions: 1.”
Metropolitan Edison Co. v. Pennsylvania Public Utility Commission (2014) ca3
Chiro-Med Review Company v. Bureau of Workers'compensation (2006) pacommwct
A. Funk O. Harrison, a minor, by his guardian A. Lee v. Tom Wolf, in his official capacity as Governor of Pennsylvania P (2016) pacommwct
— 42 Pa. Cons. Stat. § 763(a)(1) — 65 cases
Mohamed v. Commonwealth, Department of Transportation (2012) pa “We first look to the language of section 763, which grants the Commonwealth Court exclusive jurisdiction over appeals from all Commonwealth agencies, including PennDOT, with only two exceptions.”
Jackson v. Centennial School District (1985) pa
Mercury Trucking, Inc. v. Pennsylvania Public Utility Commission (2012) pa “Upon reviewing the Commission’s jurisdictional statement, we postponed decision of three issues related to jurisdiction, and directed briefing and argument on the following questions: 1.”
MCI Worldcom, Inc. v. Pennsylvania Public Utility Commission (2004) pa
Heath v. WCAB (BD. OF PROB. AND PAR.) (2004) pa
— 42 Pa. Cons. Stat. § 763(a)(2) — 1 case
Bethel Park Citizens for Better Education Less Taxes v. Commonwealth (1989) pacommwct
— 42 Pa. Cons. Stat. § 763(a)(l) — 2 cases
Columbia Gas of Pennsylvania, Inc. v. Pennsylvania Public Utility Commission (1987) pacommwct
Quinn v. SEPTA (1994) pactcomplphilad
— 42 Pa. Cons. Stat. § 763(b) — 30 cases
Town of McCandless v. McCandless Police Officers Ass'n (2006) pa “See also 42 Pa.C.S. § 763(b) (Commonwealth Court has exclusive jurisdiction over petitions for review of statutory arbitration awards involving Commonwealth employees), § 933(b) (Court of Common Pleas has jurisdiction over petitions for review of statutory arbitration awards…”
Pennsylvania Dental Ass'n v. Commonwealth Insurance Department (1986) pa
Pennsylvania State Police v. Pennsylvania State Troopers' Ass'n (1993) pacommwct
Commonwealth v. Pennsylvania State Troopers Ass'n (2011) pa
Philadelphia Parking Authority v. American Federation of State (2004) pacommwct
— 42 Pa. Cons. Stat. § 763(c) — 5 cases
Mohamed v. Commonwealth, Department of Transportation (2012) pa “We first look to the language of section 763, which grants the Commonwealth Court exclusive jurisdiction over appeals from all Commonwealth agencies, including PennDOT, with only two exceptions.”
Mohamed v. Commonwealth, Department of Transportation, Bureau of Motor Vehicles (2012) pa “We first look to the language of section 763, which grants the Commonwealth Court exclusive jurisdiction over appeals from all Commonwealth agencies, including PennDOT, with only two exceptions.”
Concerned Citizens v. Department of Environmental Resources (1993) pacommwct
Widoff v. Disciplinary Board of the Supreme Court (1980) pacommwct
Commonwealth, Department of Labor & Industry v. Workers' Compensation Appeal Board (2003) pacommwct
— 42 Pa. Cons. Stat. § 763(c)(2) — 3 cases
Philadelphia Parking Authority v. American Federation of State (2004) pacommwct
Irem Temple AAONMS v. Pennsylvania Liquor Control Board (2014) pacommwct
Player's Bench, Inc. v. Pennsylvania Liquor Control Board (2000) pacommwct
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