42 Pa. Cons. Stat. § 933

 Appeals from government agencies.

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§ 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).

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. § 3802 (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)  (Deleted by amendment).

(iv)  Determinations of the 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 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)  (Deleted by amendment).

(viii)  (Deleted by amendment).

(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.

(b)  Awards of arbitrators.--Except as otherwise prescribed by any general rule adopted pursuant to section 503, each court of common pleas shall have jurisdiction of petitions for review of an award of arbitrators appointed in conformity with statute to arbitrate a dispute between a government agency, except a Commonwealth agency, and an employee of such agency. The application shall be deemed an appeal from a government agency for the purposes of section 762(4) (relating to appeals from courts of common pleas) and Chapter 55 (relating to limitation of time).

(c)  Concurrent and exclusive jurisdiction.--Except as otherwise provided by statute or prescribed by general rule adopted pursuant to section 503:

(1)  The jurisdiction of a court of common pleas of a judicial district under this section shall be exclusive as to a government agency which has jurisdiction only within such judicial district, and shall be concurrent with the courts of common pleas of all judicial districts in which the government agency has jurisdiction where such agency has jurisdiction in more than one judicial district.

(2)  Whenever proceedings are commenced in two or more courts with respect to the same determination of a government agency, exclusive jurisdiction shall be vested in the court having jurisdiction in which such proceedings are first commenced.

(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Dec. 5, 1980, P.L.1104, No.189, eff. imd.; Dec. 20, 1982, P.L.1409, No.326, eff. 60 days; June 5, 1998, P.L.451, No.63, eff. 60 days; Sept. 30, 2003, P.L.120, No.24, eff. Feb. 1, 2004; July 4, 2008, P.L.286, No.35, eff. July 1, 2008)

 

2008 Amendment.  Act 35 deleted subsec. (a)(1)(vii). Section 2 of Act 35 provided that each court of common pleas shall retain jurisdiction over appeals of cases filed and pending with them prior to the effective date of Act 35.

2003 Amendment.  Act 24 amended subsec. (a)(1)(ii).

1998 Amendment.  Act 63 amended subsec. (a).

1978 Amendment.  Act 53 added present section 933 and repealed former section 933 relating to the same subject matter.

Transfer of Records.  Section 6 of Act 189 of 1980 provided that the Prothonotary of the Commonwealth Court shall, except as otherwise ordered by the court in the interest of justice, transfer to the appropriate office of the clerk of the court of common pleas all dockets, records, pleadings and other papers, or certified copies thereof, relating to all pending matters jurisdiction of which is vested in another tribunal by reason of 42 Pa.C.S. § 761(a)(1)(iv) or 933(a)(1)(v) as added or amended by Act 189.

References in Text.  The Department of Commerce, referred to in subsec. (a)(1)(ix), was renamed the Department of Community and Economic Development by Act 58 of 1996.

Section 7503 of Title 75, referred to in subsec. (a)(1)(ii), was deleted by amendment.

The act of December 15, 1980, P.L.1203, No.222, known as the Building Energy Conservation Act, referred to in subsec. (a) (1) (ix), was repealed by the act of November 10, 1999, P.L.491, No.45. The subject matter is now contained in the Pennsylvania Construction Code Act.

Cross References.  Section 933 is referred to in sections 762, 763 of this title; sections 501, 561, 581, 701 of Title 2 (Administrative Law and Procedure); section 1506 of Title 4 (Amusements); sections 1553, 1554, 1556 of Title 75 (Vehicles).

Notes of Decisions
Cited in 190 cases (16 in the last 5 years), 1979–2026 · leading case: Mohamed v. Commonwealth, Department of Transportation
Mohamed v. Commonwealth, Department of Transportation (2012) pa · cites it 20× “§ 4726(c) of the Vehicle Code when it is read in conjunction with 42 Pa.C.S. § 933 of the Judicial Code. Section 4726(c) reads as follows: (c) Judicial review.”
Official Court Reporters v. Pennsylvania Labor Relations Board (1983) pa · cites it 24× “§ 702, permitting "any person aggrieved by" an agency adjudication to appeal, is expressly inapplicable to appeals such as this, which "may be taken initially to the Courts of Common Pleas pursuant to 42 Pa.C.S. § 933." [1] Since the Association was not a "party who is…”
Pennsylvania Gaming Control Board v. City Council of Philadelphia (2007) pa · cites it 6× “Licensed facility zoning and land use appeals In order to facilitate timely implementation of casino gaming as provided in this part, notwithstanding 42 Pa.C.S. § 933(a)(2) (relating to appeals from government agencies), the Supreme Court of Pennsylvania is vested with exclusive…”
HSP Gaming, L.P. v. City Council (2007) pa · cites it 8× “Section 1506 provides: In order to facilitate timely implementation of casino gaming as provided in this part, notwithstanding 42 Pa.C.S. § 933(a)(2) (relating to appeals from government agencies), the Supreme Court of Pennsylvania is vested with exclusive appellate jurisdiction…”
Probst v. Com., Dept. of Transp. (2004) pa · cites it 5× “11 We begin our discussion of this issue with the observation that the term “final order” is not defined in 42 Pa.C.S. § 933 nor clarified in a rule.”
Mohamed v. Commonwealth, Department of Transportation, Bureau of Motor Vehicles (2012) pa · cites it 8× “§ 4726(c) of the Vehicle Code when it is read in conjunction with 42 Pa.C.S. § 933 of the Judicial Code. Section 4726(c) reads as follows: (c) Judicial review.”
HSP Gaming, L.P. v. City of Philadelphia (2008) pa · cites it 4× “[9] In its Petition for Review, HSP invokes this Court's appellate jurisdiction pursuant to Section 1506 of the Gaming Act, which provides as follows: In order to facilitate timely implementation of casino gaming as provided in this part, notwithstanding 42 Pa.C.S. § 933(a)(2)…”
Philadelphia Entertainment & Development Partners, L.P. v. City of Philadelphia (2007) pa · cites it 2× “) [6] Section 1506 states in its entirety: In order to facilitate timely implementation of casino gaming as provided in this part, notwithstanding 42 Pa.C.S. § 933(a)(2) (relating to appeals from government agencies), the Supreme Court of Pennsylvania is vested with exclusive…”
School District of Philadelphia v. Department of Education (2012) pacommwct · cites it 4× “[ [6] ] (2) Any appeal from a Commonwealth agency which may be taken initially to the courts of common pleas under 42 Pa.C.S. § 933 (relating to appeals from government agencies).”
Maritime Management, Inc. v. Pennsylvania Liquor Control Board (1992) pa · cites it 6× “— None of the provisions of this subchapter shall apply to: (2) Any appeal from a Commonwealth agency which may be taken initially to the courts of common pleas under 42 Pa.C.S. § 933 (relating to appeals from government agencies).”
In Re the Family Style Restaurant, Inc. (1983) pa · cites it 3× “— None of the provisions of this sub-chapter shall apply to: (2) Any appeal from a Commonwealth agency which may be taken initially to the courts of common pleas under 42 Pa.C.S. § 933 (relating to appeals from government agencies).”
Chester Community Charter School v. Commonwealth, Department of Education (2010) pacommwct · cites it 2× “Chester School was required to file an appeal to the trial court within thirty days of each year’s determination under 42 Pa.C.S. § 933(c)(1). 12 Because Chester School did not appeal within the thirty-day statutory period in the Local Agency Law, the School District claims that…”
— 42 Pa. Cons. Stat. § 933(a) — 14 cases
Mohamed v. Commonwealth, Department of Transportation (2012) pa “§ 4726(c) of the Vehicle Code when it is read in conjunction with 42 Pa.C.S. § 933 of the Judicial Code. Section 4726(c) reads as follows: (c) Judicial review.”
Probst v. Com., Dept. of Transp. (2004) pa “11 We begin our discussion of this issue with the observation that the term “final order” is not defined in 42 Pa.C.S. § 933 nor clarified in a rule.”
Mohamed v. Commonwealth, Department of Transportation, Bureau of Motor Vehicles (2012) pa “§ 4726(c) of the Vehicle Code when it is read in conjunction with 42 Pa.C.S. § 933 of the Judicial Code. Section 4726(c) reads as follows: (c) Judicial review.”
— 42 Pa. Cons. Stat. § 933(a)(1) — 3 cases
Gilmore v. Commonwealth (1991) pacommwct
Donatucci v. Commonwealth (1988) pacommwct
— 42 Pa. Cons. Stat. § 933(a)(1)(H) — 1 case
— 42 Pa. Cons. Stat. § 933(a)(1)(h) — 14 cases
Mohamed v. Commonwealth, Department of Transportation (2012) pa “§ 4726(c) of the Vehicle Code when it is read in conjunction with 42 Pa.C.S. § 933 of the Judicial Code. Section 4726(c) reads as follows: (c) Judicial review.”
Mohamed v. Commonwealth, Department of Transportation, Bureau of Motor Vehicles (2012) pa “§ 4726(c) of the Vehicle Code when it is read in conjunction with 42 Pa.C.S. § 933 of the Judicial Code. Section 4726(c) reads as follows: (c) Judicial review.”
— 42 Pa. Cons. Stat. § 933(a)(1)(ii) — 19 cases
Mohamed v. Commonwealth, Department of Transportation (2012) pa “§ 4726(c) of the Vehicle Code when it is read in conjunction with 42 Pa.C.S. § 933 of the Judicial Code. Section 4726(c) reads as follows: (c) Judicial review.”
Probst v. Com., Dept. of Transp. (2004) pa “11 We begin our discussion of this issue with the observation that the term “final order” is not defined in 42 Pa.C.S. § 933 nor clarified in a rule.”
Duffey v. Dept. of Transp. (1992) pacommwct
Johnston v. Commonwealth (1986) pacommwct
— 42 Pa. Cons. Stat. § 933(a)(1)(iii) — 3 cases
PennDOT v. Brogan (1993) pactcompldelawa
— 42 Pa. Cons. Stat. § 933(a)(1)(iv) — 2 cases
— 42 Pa. Cons. Stat. § 933(a)(1)(v) — 5 cases
Official Court Reporters v. Pennsylvania Labor Relations Board (1983) pa “§ 702, permitting "any person aggrieved by" an agency adjudication to appeal, is expressly inapplicable to appeals such as this, which "may be taken initially to the Courts of Common Pleas pursuant to 42 Pa.C.S. § 933." [1] Since the Association was not a "party who is…”
— 42 Pa. Cons. Stat. § 933(a)(1)(vi) — 4 cases
Estate of Deaver (1995) pacommwct
— 42 Pa. Cons. Stat. § 933(a)(1)(vii) — 4 cases
Official Court Reporters v. Pennsylvania Labor Relations Board (1983) pa “§ 702, permitting "any person aggrieved by" an agency adjudication to appeal, is expressly inapplicable to appeals such as this, which "may be taken initially to the Courts of Common Pleas pursuant to 42 Pa.C.S. § 933." [1] Since the Association was not a "party who is…”
— 42 Pa. Cons. Stat. § 933(a)(2) — 39 cases
Pennsylvania Gaming Control Board v. City Council of Philadelphia (2007) pa “Licensed facility zoning and land use appeals In order to facilitate timely implementation of casino gaming as provided in this part, notwithstanding 42 Pa.C.S. § 933(a)(2) (relating to appeals from government agencies), the Supreme Court of Pennsylvania is vested with exclusive…”
HSP Gaming, L.P. v. City Council (2007) pa “Section 1506 provides: In order to facilitate timely implementation of casino gaming as provided in this part, notwithstanding 42 Pa.C.S. § 933(a)(2) (relating to appeals from government agencies), the Supreme Court of Pennsylvania is vested with exclusive appellate jurisdiction…”
HSP Gaming, L.P. v. City of Philadelphia (2008) pa “[9] In its Petition for Review, HSP invokes this Court's appellate jurisdiction pursuant to Section 1506 of the Gaming Act, which provides as follows: In order to facilitate timely implementation of casino gaming as provided in this part, notwithstanding 42 Pa.C.S. § 933(a)(2)…”
Philadelphia Entertainment & Development Partners, L.P. v. City of Philadelphia (2007) pa “) [6] Section 1506 states in its entirety: In order to facilitate timely implementation of casino gaming as provided in this part, notwithstanding 42 Pa.C.S. § 933(a)(2) (relating to appeals from government agencies), the Supreme Court of Pennsylvania is vested with exclusive…”
— 42 Pa. Cons. Stat. § 933(a)(3) — 3 cases
In Re Leopardi (1987) pa
— 42 Pa. Cons. Stat. § 933(a)(ii) — 4 cases
Commonwealth v. Reilly (1988) pacommwct
Dancho v. PennDOT (1991) pactcomplfayett
— 42 Pa. Cons. Stat. § 933(a)(l) — 2 cases
Quinn v. SEPTA (1994) pactcomplphilad
Commonwealth v. Tressler (1986) pactcomplsomers
— 42 Pa. Cons. Stat. § 933(a)(l)(ii) — 8 cases
Mohamed v. Commonwealth, Department of Transportation (2012) pa “§ 4726(c) of the Vehicle Code when it is read in conjunction with 42 Pa.C.S. § 933 of the Judicial Code. Section 4726(c) reads as follows: (c) Judicial review.”
Duffey v. Dept. of Transp. (1992) pacommwct
Mohamed v. Commonwealth, Department of Transportation, Bureau of Motor Vehicles (2012) pa “§ 4726(c) of the Vehicle Code when it is read in conjunction with 42 Pa.C.S. § 933 of the Judicial Code. Section 4726(c) reads as follows: (c) Judicial review.”
— 42 Pa. Cons. Stat. § 933(a)(l)(iii) — 3 cases
— 42 Pa. Cons. Stat. § 933(a)(l)(iv) — 4 cases
— 42 Pa. Cons. Stat. § 933(a)(l)(v) — 9 cases
Official Court Reporters v. Pennsylvania Labor Relations Board (1983) pa “§ 702, permitting "any person aggrieved by" an agency adjudication to appeal, is expressly inapplicable to appeals such as this, which "may be taken initially to the Courts of Common Pleas pursuant to 42 Pa.C.S. § 933." [1] Since the Association was not a "party who is…”
Maritime Management, Inc. v. Pennsylvania Liquor Control Board (1992) pa “— None of the provisions of this subchapter shall apply to: (2) Any appeal from a Commonwealth agency which may be taken initially to the courts of common pleas under 42 Pa.C.S. § 933 (relating to appeals from government agencies).”
— 42 Pa. Cons. Stat. § 933(a)(l)(vi) — 1 case
In re Estate of Wright (1986) pacommwct
— 42 Pa. Cons. Stat. § 933(a)(l)(vii) — 6 cases
Official Court Reporters v. Pennsylvania Labor Relations Board (1983) pa “§ 702, permitting "any person aggrieved by" an agency adjudication to appeal, is expressly inapplicable to appeals such as this, which "may be taken initially to the Courts of Common Pleas pursuant to 42 Pa.C.S. § 933." [1] Since the Association was not a "party who is…”
— 42 Pa. Cons. Stat. § 933(b) — 14 cases
— 42 Pa. Cons. Stat. § 933(c)(1) — 5 cases
Chester Community Charter School v. Commonwealth, Department of Education (2010) pacommwct “Chester School was required to file an appeal to the trial court within thirty days of each year’s determination under 42 Pa.C.S. § 933(c)(1). 12 Because Chester School did not appeal within the thirty-day statutory period in the Local Agency Law, the School District claims that…”
Everett v. Wenerowicz (2013) pactcomplphilad
— 42 Pa. Cons. Stat. § 933(e)(1) — 1 case
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