THE COURTS
Title 210—APPELLATE PROCEDURE
PART I. RULES OF APPELLATE PROCEDURE
[210 PA. CODE CH. 15]
Order Amending Rule 1512 of the Pennsylvania Rules of Appellate Procedure; No. 310 Appellate Procedural Rules Docket
[53 Pa.B. 7137]
[Saturday, November 18, 2023]
Order Per Curiam
And Now, this 6th day of November, 2023, upon the recommendation of the Appellate Court Procedural Rules Committee; the proposal having been submitted without publication pursuant to Pa.R.J.A. 103(a)(3):
It is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rule 1512 of the Pennsylvania Rules of Appellate Procedure is amended in the attached form.
This Order shall be processed in accordance with Pa.R.J.A. 103(b), and shall be effective January 1, 2024.
Additions to the rule are shown in bold and are underlined.
Deletions from the rule are shown in bold and brackets.
Annex A
TITLE 210. APPELLATE PROCEDURE
PART I. RULES OF APPELLATE PROCEDURE
ARTICLE II. APPELLATE PROCEDURE
CHAPTER 15. JUDICIAL REVIEW OF GOVERNMENTAL DETERMINATIONS
PETITION FOR REVIEW (Editor's Note: Rule 1512 as printed in 210 Pa. Code reads ''Official Note'' rather than ''Note'' and the explanatory comments are not currently codified in the Pennsylvania Code.)
Rule 1512. Time for Petitioning for Review.
(a) Appeals [authorized by law.—] Authorized by Law. Except as otherwise prescribed by [paragraph] subdivision (b) [of this rule]:
(1) A petition for review of a quasijudicial order, or an order appealable under 42 Pa.C.S. § 763(b) (awards of arbitrators) or under any other provision of law, shall be filed with the prothonotary of the appellate court within 30 days after the entry of the order.
(2) If a timely petition for review of such an order is filed by a party, any other party may file a cross-petition for review within 14 days of the date on which the first petition for review was served, or within the time otherwise prescribed by [subparagraph] subdivision (a)(1) [of this rule], whichever period last expires.
(b) Special [appellate provisions.—] Appellate Provisions. A petition for review of a determination by:
(1) [A determination of] the Department of Community and Economic Development in any matter arising under 53 Pa.C.S. §§ 8001—8285 shall be filed within 15 days after entry of the order or the date the determination is deemed to have been made, when no order has been entered[.];
(2) [A determination governed by Pa.R.A.P. 1571 (determinations of the Board of Finance and Revenue)] the Board of Finance and Revenue pursuant to Pa.R.A.P. 1571 shall be filed within the appropriate period therein specified[.];
(3) [A determination of] a Commonwealth agency under 62 Pa.C.S. § 1711.1(g) shall be filed within 15 days of the mailing date of a final determination denying a protest[.];
(4) a criminal justice agency with statewide jurisdiction denying a request for dissemination of criminal history investigative information, in accordance with 18 Pa.C.S. § 9158.4, shall be filed within 45 days after service of the denial.
(c) Original [jurisdiction actions.—] Jurisdiction Actions. A petition for review of a determination of a government unit within the scope of Chapter 15 but not within the scope of [paragraphs] subdivisions (a) or (b) [of this rule] may be filed with the prothonotary of the appellate court within the time, if any, limited by law.
[Note:] Comment:
The note to Pa.R.A.P. 903 (time for appeal) addresses the development of the standard 30-day appeal period. Pa.R.A.P. 102 defines a ''quasijudicial order'' as ''an order of a government unit, made after notice and opportunity for hearing, which is by law reviewable solely upon the record made before the government unit, and not upon a record made in whole or in part before the reviewing court.''
Subdivision (b)(4) is limited to review of certain grounds for a denial. See 18 Pa.C.S. § 9158.3(a)(2). Section 9158.4(a) of the Criminal History Record Information Act sets forth certain content requirements for a petition for review. Those requirements are satisfied by Pa.R.A.P. 1513(d) and Pa.R.A.P. 1951.
[Paragraph] Subdivision (c) relates to matters addressed to the original jurisdiction of an appellate court. For example, equitable matters are governed by existing principles of laches, etc. Other matters, such as petitions for review raising issues formerly cognizable by action in mandamus or quo warranto, etc., are governed by the time limits, if any, applicable under the prior procedure. See generally 42 Pa.C.S. §§ 1702 (regarding the Supreme Court's rulemaking procedures), 1722(c) (Time limitations), 5501—5574 (Limitations of time).
Historical Commentary The following commentary is historical in nature and represents statements of the Committee at the time of rulemaking:
EXPLANATORY COMMENT—1976 The right to file a cross appeal from a quasi-judicial order of a government unit (e.g. an order of the Public Utility Commission approving a rate increase) is granted, to conform to Rules 901(b) and 1113(b).
EXPLANATORY COMMENT—2002 See Comment following Pa.R.A.P., Rule 511.
APPELLATE COURT PROCEDURAL RULES COMMITTEE ADOPTION REPORT
Amendment of Pa.R.A.P. 1512 On November 6, 2023, the Supreme Court of Pennsylvania adopted amendments to Pennsylvania Rule of Appellate Procedure 1512. The Appellate Court Procedural Rules Committee has prepared this Adoption Report describing the rulemaking process. An Adoption Report should not be confused with Comments to the rules. See Pa.R.J.A. 103, cmt. The statements contained herein are those of the Committee, not the Court.
The Criminal History Record Information Act, 18 Pa.C.S. §§ 9101 et seq., was recently amended to allow a requesting party or their legal representative to ''obtain criminal history investigative information for use in or investigation of an actual or potential civil action in this Commonwealth relating to that criminal history investigative information.'' 18 Pa.C.S. § 9158.1. Prior to the amendment, the Act contained strict confidentiality provisions that did not permit the disclosure of investigative information to the crime victim.
The Act contains provisions for the request to the criminal justice agency, service of the request, dissemination of the information, receipt of the information, grounds for the denial of the request, and judicial review of denials. See 18 Pa.C.S. §§ 9158.2—9158.4. To initiate judicial review, within 45 days after service of a denial, a requesting party must file a petition for review in the court of common pleas in any judicial district in which the criminal justice agency that issued the denial is located. However, if the criminal justice agency has statewide jurisdiction, the petition for review must be filed in Commonwealth Court. 18 Pa.C.S. § 9158.4(a)—(c). Notably, only specific grounds for a denial can be appealed. See id. §§ 9158.3(a), 9158.4(a). Section 9158.7(b) of the Act directs the Supreme Court to promulgate rules necessary to implement the Act.
To implement the new provisions of the Act, Pa.R.A.P. 1512(b) has been amended to include the Act's 45-day appellate window as an exception to the default 30-day window set forth in subdivision (a). The Comment has been revised to include a reference to 18 Pa.C.S. § 9158.3(a)(2) to remind readers that appellate review is limited to certain grounds for a denial. Stylistic revisions to the rule text have also been made.
The Committee did not previously publish the amendments for comment because the amendments codify the current requirements of the Act into the Rules of Appellate Procedure.
The amendments become effective on January 1, 2024.
[Pa.B. Doc. No. 23-1582. Filed for public inspection November 17, 2023, 9:00 a.m.]
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