Pennsylvania Consolidated Statutes

42 Pa. Cons. Stat. § 763 (2026)

Direct appeals from government agencies.

✓ current as of May 2026

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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 Bd. of Prob. & Parole, 131 A.3d 604 (Pa. Commw. Ct. 2016).

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Pittman v. Pennsylvania Bd. of Prob. & Parole, 131 A.3d 604 (Pa. Commw. Ct. 2016). · 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, Dep't of Transp., 40 A.3d 1186 (Pa. 2012). · 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 Pub. Util. Comm'n, 55 A.3d 1056 (Pa. 2012). · 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, 442 A.2d 674 (Pa. 1982). · 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 Bd. of Prob. & Parole, 159 A.3d 466 (Pa. 2017). · 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' Comp. Appeal Bd., 753 A.2d 293 (Pa. Commw. Ct. 2000). · cites it 8× “See Section 763 of the Judicial Code, 42 Pa.C.S. § 763."); County of Armstrong v.”

Bronson v. Cent. Off. Review Comm., 721 A.2d 357 (Pa. 1998). · cites it 4× “§ 761 (original jurisdiction) or 42 Pa.C.S § 763 (appellate jurisdiction).”

Clair v. Commonwealth, Pennsylvania Bd. of Prob. & Parole, 493 A.2d 146 (Pa. Commw. Ct. 1985). · 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, Dep't of Transp., Bureau of Motor Vehs., 40 A.3d 1186 (Pa. 2012). · 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.”

Soc'y Hill Civic Ass'n v. Pennsylvania Gaming Control Bd., 928 A.2d 175 (Pa. 2007). · 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, 901 A.2d 991 (Pa. 2006). · 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, Dep't of Revenue, Bureau of State Lotteries, 474 A.2d 266 (Pa. 1983). · 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, Dep't of Transp., 40 A.3d 1186 (Pa. 2012). “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 Pub. Util. Comm'n, 55 A.3d 1056 (Pa. 2012). “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.”

Metro. Edison Co. v. Pennsylvania Pub. Util. Comm'n, 767 F.3d 335 (3rd Cir. 2014).

Chiro-Med Review Co. v. Bureau of Workers'Comp., 908 A.2d 980 (Pa. Commw. Ct. 2006).

A. Funk O. Harrison, a minor, by his guardian A. Lee v. Tom Wolf, in his Off. capacity as Governor of Pennsylvania PA DEP, 144 A.3d 228 (Pa. Commw. Ct. 2016).

— 42 Pa. Cons. Stat. § 763(a)(1) — 65 cases

Jackson v. Centennial Sch. Dist., 501 A.2d 218 (Pa. 1985).

MCI Worldcom, Inc. v. Pennsylvania Pub. Util. Comm'n, 844 A.2d 1239 (Pa. 2004).

Heath v. Wcab (bd. of Prob. & Par.), 860 A.2d 25 (Pa. 2004).

— 42 Pa. Cons. Stat. § 763(a)(2) — 1 case

Bethel Park Citizens for Better Educ. Less Taxes v. Commonwealth, 563 A.2d 969 (Pa. Commw. Ct. 1989).

— 42 Pa. Cons. Stat. § 763(a)(l) — 2 cases

Columbia Gas of Pennsylvania, Inc. v. Pennsylvania Pub. Util. Comm'n, 521 A.2d 105 (Pa. Commw. Ct. 1987).

Quinn v. SEPTA, 19 Pa. D. & C.4th 516 (1994).

— 42 Pa. Cons. Stat. § 763(b) — 30 cases

Town of McCandless v. McCandless Police Officers Ass'n, 901 A.2d 991 (Pa. 2006). “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 Ins. Dep't, 516 A.2d 647 (Pa. 1986).

Pennsylvania State Police v. Pennsylvania State Troopers' Ass'n, 633 A.2d 1278 (Pa. Commw. Ct. 1993).

Commonwealth v. Pennsylvania State Troopers Ass'n, 23 A.3d 966 (Pa. 2011).

Philadelphia Parking Auth. v. Am. Fed'n of State, 845 A.2d 245 (Pa. Commw. Ct. 2004).

— 42 Pa. Cons. Stat. § 763(c) — 5 cases

Mohamed v. Commonwealth, Dep't of Transp., Bureau of Motor Vehs., 40 A.3d 1186 (Pa. 2012). “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. Dep't of Env't Resources, 632 A.2d 1 (Pa. Commw. Ct. 1993).

Widoff v. Disciplinary Bd. of the Supreme Court, 420 A.2d 41 (Pa. Commw. Ct. 1980).

Commonwealth, Dep't of Labor & Indus. v. Workers' Comp. Appeal Bd., 815 A.2d 1154 (Pa. Commw. Ct. 2003).

— 42 Pa. Cons. Stat. § 763(c)(2) — 3 cases

Philadelphia Parking Auth. v. Am. Fed'n of State, 845 A.2d 245 (Pa. Commw. Ct. 2004).

Irem Temple AAONMS v. Pennsylvania Liquor Control Bd., 87 A.3d 983 (Pa. Commw. Ct. 2014).

Player's Bench, Inc. v. Pennsylvania Liquor Control Bd., 751 A.2d 1221 (Pa. Commw. Ct. 2000).

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