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PA Bulletin, Doc. No. 01-816

THE COURTS

[210 PA. CODE CHS. 31 AND 37]

Proposed Amendment to Pa.R.A.P. 3102 and Adoption of New Pa.R.A.P. 3761

[31 Pa.B. 2470]

   The Appellate Court Procedural Rules Committee proposes to amend Rue 3102 (Quorum and Action) of the Pennsylvania Rules of Appellate Procedure and adopt new Pa.R.A.P. 3761 (Enforcement of Proceedings). These proposals are being submitted to the bench and bar for comments and suggestions prior to their submission to the Supreme Court.

   All communications in reference to the proposed amendment and adoption should be sent not later than May 29, 2001 to the Appellate Court Procedural Rules Committee or the Orphans' Court Procedural Rules Committee, P. O. Box 447, Ridley Park, PA 19078-0447.

   The Explanatory Comment published with this proposal has been inserted by the Committee for the convenience of the bench and bar. It will not constitute part of the rules nor will it be officially adopted or promulgated by the Court.

By the Appellate Court Procedural Rules Committee

HONORABLE JOSEPH M. AUGELLO,   
Chair

Annex A

TITLE 210.  APPELLATE PROCEDURE

PART I.  RULES OF APPELLATE PROCEDURE

ARTICLE III.  MISCELLANEOUS PROVISIONS

CHAPTER 31.  BUSINESS OF THE COURTS GENERALLY

IN GENERAL

Rule 3102.  Quorum and Action.

*      *      *      *      *

   (c)  Commonwealth Court evidentiary hearing and election matters. A single judge of the Commonwealth shall be a quorum of the Court for the purposes of hearing and determining:

*      *      *      *      *

   (3)  Any enforcement proceeding under Rule 3761 (relating to enforcement proceedings.)

CHAPTER 37.  BUSINESS OF THE COMMONWEALTH COURT

Rule 3761.  Enforcement Proceedings.

   (a)  When a government unit seeks to enforce an order issued under a statute which it administers, it may initiate the proceeding by filing a petition to enforce.

   (b)  The petitioner shall serve the petition and order in the manner prescribed by the Pennsylvania Rules of Civil Procedure for service of original process and shall file the return or certificate of service prescribed by the same rules.

   (c)  Upon the filing of a petition to enforce, the court will issue an order setting a date for a hearing and a date by which the respondent must answer the petition. The petitioner shall serve the court's order upon the respondent in the manner prescribed by Rules 121 and 122.

   (d) Following the hearing, the court will enter such orders as may be appropriate.

   Official Note: Rule 3761 (relating to enforcement proceedings) has been promulgated by the Commonwealth Court of Pennsylvania pursuant to authority granted to it by Pa.R.A.P. 104. The rule was made necessary by the opinion issued by the Supreme Court of Pennsylvania in Pennsylvania Human Relations Commission v. School District of Philadelphia, 732 A.2d 578 (Pa. 1999), in which the Court held that ''the rules of appellate procedure, rather than the rules of civil procedure, govern enforcement proceedings in Commonwealth Court.'' Id. at 581.

   Prior to the Supreme Court ruling in PHRC, Commonwealth Court had treated enforcement proceedings as matters resting within the Court's original jurisdiction and thereby governed in part by the rules of appellate procedure and in part by the Rules of Civil Procedure. In PHRC, the Supreme Court made clear that enforcement proceedings are within Commonwealth Court's appellate jurisdiction and that only the Rules of Appellate Procedure apply. The Supreme Court's ruling left a void, however, because the rules of appellate procedure did not prescribe specific procedures governing enforcement proceedings.

   Consistent with PHRC, therefore, Rule 3761 was adopted to establish a Rule of Appellate Procedure to codify the practice which the Commonwealth Court had theretofore followed in enforcement proceedings when those proceedings were regarded as matters within the Court's original jurisdiction. This special rule governing Commonwealth Court practice adheres to the Supreme Court's opinion in PHRC and should prove to be of benefit to both the bench and bar.

Explanatory Comments

   The Recommendation would authorize a single judge of the Commonwealth Court to hear enforcement proceedings brought by a government unit. See proposed amendment adding paragraph (3) to subdivision (c) or Rule 3102 (Quorum and Action).

   Proposed new Rule 3761 (Enforcement Proceedings) prescribes a procedure for such enforcement proceedings since such proceedings are now within the appellate jurisdiction of the Commonwealth Court and the Rules of Civil Procedure do not otherwise apply.

   The proposed amendment and new rule are designed to address issues arising from the Supreme Court of Pennsylvania's opinion in Pennsylvania Human Relations Commission v. School District of Philadelphia, 732 A.2d 578 (Pa. 1999), in which the Supreme Court held that ''the rules of appellate procedure, rather than the rules of civil procedure, govern enforcement proceedings in Commonwealth Court.'' Id. at 581.

   Prior to the Supreme Court ruling in PHRC v. School District of Philadelphia, Commonwealth Court had treated enforcement proceedings as matters resting within the Court's original jurisdiction and thereby governed in part by the rules of appellate procedure and in part by the Rules of Civil Procedure. In PHRC v. School District of Philadelphia, the Supreme Court held that enforcement proceedings are within Commonwealth Court's appellate jurisdiction and that only the Rules of Appellate Procedure apply. Because the Rules of Appellate Procedure do not prescribe specific procedures governing enforcement proceedings, there is a need for new procedural rules governing enforcement proceedings.

   Consistent with PHRC v. School District of Philadelphia, the Appellate Court Procedural Rules Committee proposes new Rule 3761 to establish a Rule of Appellate Procedure codifying the practice which the Commonwealth Court had followed in enforcement proceedings when those proceedings were regarded as matters within the Court's original jurisdiction. This special rule governing Commonwealth Court practice adheres to the Supreme Court's opinion in PHRC v. School District of Philadelphia and should prove to be of benefit to both the bench and bar.

   The Committee further recommends that enforcement proceedings continue to be heard by a single judge of the Commonwealth Court and the proposed amendment adding paragraph (3) to Subdivision (c) of Rule 3102 codifies that practice.

[Pa.B. Doc. No. 01-816. Filed for public inspection May 11, 2001, 9:00 a.m.]


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