PENNSYLVANIA LOCAL PUBLIC AGENCY LAW

RELATED TO ADMINISTRATIVE ADJUDICATIONS OF AGENCIES OF LOCAL GOVERNMENT

2 Pa.C.S.A. 551. Scope of subchapter

    This subchapter shall apply to all local agencies.

1978, April 28, P.L. 202, No. 53, 5, effective June 27, 1978.

2 Pa.C.S.A. 552. Representation

    Any party may be represented before a local agency.

1978, April 28, P.L. 202, No. 53, 5, effective June 27, 1978.

2 Pa.C.S.A. 553. Hearing and record

    No adjudication of a local agency shall be valid as to any party unless he shall have been afforded reasonable notice of a hearing and an opportunity to be heard. All testimony may be stenographically recorded and a full and complete record may be kept of the proceedings. In the event all testimony is not stenographically recorded and a full and complete record of the proceedings is not provided by the local agency, such testimony shall be stenographically recorded and a full and complete record of the proceedings shall be kept at the request of any party agreeing to pay the costs thereof.

1978, April 28, P.L. 202, No. 53, 5, effective June 27, 1978.

2 Pa.C.S.A. 554. Evidence and cross-examination

    Local agencies shall not be bound by technical rules of evidence at agency hearings, and all relevant evidence of reasonably probative value may be received. Reasonable examination and cross-examination shall be permitted.

1978, April 28, P.L. 202, No. 53, 5, effective June 27, 1978.

2 Pa.C.S.A. 555. Contents and service of adjudications

    All adjudications of a local agency shall be in writing, shall contain findings and the reasons for the adjudication, and shall be served upon all parties or their counsel personally, or by mail.

1978, April 28, P.L. 202, No. 53, 5, effective June 27, 1978.

2 Pa.C.S.A. 751. Scope of subchapter

    (a) General rule. Except as provided in subsection (b), this subchapter shall apply to all local agencies regardless of the fact that a statute expressly provides that there shall be no appeal from an adjudication of an agency, or that the adjudication of an agency shall be final or conclusive, or shall not be subject to review.

    (b) Exception. The provisions of this subchapter shall apply to any adjudication which under any existing statute may be appealed to a court of record, but only to the extent not inconsistent with such statute.

1978, April 28, P.L. 202, No. 53, 5, effective June 27, 1978.

2 Pa.C.S.A. 752. Appeals

    Any person aggrieved by an adjudication of a local agency who has a direct interest in such adjudication shall have the right to appeal therefrom to the court vested with jurisdiction of such appeals by or pursuant to Title 42 (relating to judiciary and judicial procedure).

1978, April 28, P.L. 202, No. 53, 5, effective June 27, 1978.

2 Pa.C.S.A. 753. Scope of review

    (a) General rule. A party who proceeded before a local agency under the terms of a particular statute, home rule charter, or local ordinance or resolution shall not be precluded from questioning the validity of the statute, home rule charter or local ordinance or resolution in the appeal, but if a full and complete record of the proceedings before the agency was made such party may not raise upon appeal any other question not raised before the agency (notwithstanding the fact that the agency may not be competent to resolve such question) unless allowed by the court upon due cause shown.

    (b) Equitable relief. The remedy at law provided by subsection (a) shall not in any manner impair the right to equitable relief heretofore existing, and such right to equitable relief is hereby continued, notwithstanding the provisions of subsection (a).

1978, April 28, P.L. 202, No. 53, 5, effective June 27, 1978.

2 Pa.C.S.A. 754. Disposition of appeal

    (a) Incomplete record. In the event a full and complete record of the proceedings before the local agency was not made, the court may hear the appeal de novo, or may remand the proceedings to the agency for the purpose of making a full and complete record or for further disposition in accordance with the order of the court.

    (b) Complete record. In the event a full and complete record of the proceedings before the local agency was made, the court shall hear the appeal without a jury on the record certified by the agency. After hearing the court shall affirm the adjudication unless it shall find that the adjudication is in violation of the constitutional rights of the appellant, or is not in accordance with law, or that the provisions of Subchapter B of Chapter 5 (relating to practice and procedure of local agencies) have been violated in the proceedings before the agency, or that any finding of fact made by the agency and necessary to support its adjudication is not supported by substantial evidence. If the adjudication is not affirmed, the court may enter any order authorized by 42 Pa.C.S.A. 706 (relating to disposition of appeals).

1978, April 28, P.L. 202, No. 53, 5, effective June 27, 1978.