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210 Pa. Code Rule 1501. Scope of Chapter.

IN GENERAL


Rule 1501. Scope of Chapter.

 (a)  General rule.—Except as otherwise prescribed by paragraphs (b) and (c) of this rule, this chapter applies to judicial review in:

   (1)  Appeals from an administrative agency (within the meaning of Section 9 of Article V of the Constitution of Pennsylvania) to an appellate court or pursuant to 42 Pa.C.S. §  763(b).

   (2)  Appeals to an appellate court pursuant to 2 Pa.C.S. §  702 or 42 Pa.C.S. §  5105.

   (3)  Original jurisdiction actions heretofore cognizable in an appellate court by actions in the nature of equity, replevin, mandamus or quo warranto or for declaratory judgment, or upon writs of certiorari or prohibition.

   (4)  Appeals under Section 17(d) of Article II of the Constitution of Pennsylvania.

   (5)  Appeals pursuant to Supreme Court general rule, such as those authorized by 42 Pa.C.S. §  725(2)—(5).

 (b)  Appeals governed by other provisions of rules.—This chapter does not apply to any appeal within the scope of:

   (1)  Chapter 9.

   (2)  Chapter 11.

   (3)  Chapter 13, except that the provisions of this chapter and ancillary provisions of these rules applicable to practice and procedure on petition for review shall be applicable after permission to appeal has been granted from a determination which, if final, would be subject to judicial review pursuant to this chapter.

   (4)  Chapter 16.

   (5)  Pa.R.A.P. 1941.

 (c)  Unsuspended statutory procedures.—This chapter does not apply to any appeal pursuant to the following statutory provisions, which are not suspended by these rules:

   (1)  15 Pa.C.S. §  137 (Court to pass upon rejection of documents by Department of State).

   (2)  The Pennsylvania Election Code, Act of June 3, 1937, PL. 1333, as amended, 25 P.S. § §  2600—3591.

 (d)  Jurisdiction of courts unaffected.—This chapter does not enlarge or otherwise modify the jurisdiction and powers of the Commonwealth Court or any other court.

   Official Note

   This chapter applies to appeals of administrative agency action, original jurisdiction actions cognizable in an appellate court in the nature of actions in equity, replevin, mandamus or quo warranto or for declaratory judgment, or upon writs of certiorari or prohibition, and appeals of other actions as enumerated in paragraph (a). The document that initiates the case under Chapter 15 is called a petition for review. Judicial review of all other government unit actions or inactions not otherwise permitted under Chapters 9, 11, 13, or 15 is available under Chapter 16; the document that initiates the case under Chapter 16 is called a petition for specialized review. The ‘‘residuary’’ initiating document function previously assigned to Chapter 15 is now assigned to Chapter 16.

Source

   The provisions of this Rule 1501 amended December 11, 1978, effective December 30, 1978, 8 Pa.B. 3802; amended May 16, 1979, effective September 30, 1979, 9 Pa.B. 1740; amended July 7, 1997, effective in 60 days, 27 Pa.B. 3503; amended July 8, 2004, effective 60 days after adoption, 34 Pa.B. 3862; amended December 10, 2012, effective in 60 days, 42 Pa.B. 7813; amended January 7, 2020, effective August 1, 2020, 50 Pa.B. 505. Immediately preceding text appears at serial pages (381041) to (381042) and (365255).



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