Rule 1512. Time for Petitioning for Review.
(a) Appeals Authorized by Law. Except as otherwise prescribed by subdivision (b):
(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 subdivision (a)(1), whichever period last expires.
(b) Special Appellate Provisions. A petition for review of a determination by:
(1) 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) the Board of Finance and Revenue pursuant to Pa.R.A.P. 1571 shall be filed within the appropriate period therein specified;
(3) 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 with18 Pa.C.S. § 9158.4, shall be filed within 45 days after service of the denial.
(c) Original 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 subdivisions (a) or (b) may be filed with the prothonotary of the appellate court within the time, if any, limited by law.
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.
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.
Source The provisions of this Rule 1512 amended December 29, 1977, effective January 29, 1978, 8 Pa.B. 133; 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 October 18, 2002, effective December 2, 2002, 32 Pa.B. 5402; amended July 8, 2004, effective 60 days after adoption, 34 Pa.B. 3862; amended September 30, 2004, effective immediately, 34 Pa.B. 5677; amended April 9, 2012, effective in 30 days, 42 Pa.B. 2269; amended December 10, 2012, effective in 60 days, 42 Pa.B. 7813; amended January 7, 2020, effective August 1, 2020, 50 Pa.B. 505; amended November 6, 2023, effective January 1, 2024, 53 Pa.B. 7137. Immediately preceding text appears at serial pages (401632) to (401633).
No part of the information on this site may be reproduced for profit or sold for profit.
This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
