Pennsylvania Administrative Procedure Act

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## Contents

* 1 Chapter 1: General provisions
* 1.1 Section 101: Definitions
* 1.2 Section 102: Implementing regulations
* 1.3 Section 103: Administrative agency law
* 1.4 Section 105: Local agency law
* 1.5 Section 106: Effect of future legislation
* 2 Chapter 5: Practice and procedure
* 2.1 Subchapter A: Practice and procedure of commonwealth agencies
* 2.1.1 Section 501: Scope of subchapter
* 2.1.2 Section 502: Representation
* 2.1.3 Section 503: Discipline
* 2.1.4 Section 504: Hearing and record
* 2.1.5 Section 505: Evidence and cross-examination
* 2.1.6 Section 506: Briefs and oral argument
* 2.1.7 Section 507: Contents and service of adjudications
* 2.1.8 Section 508: Notice to Department of Justice
* 2.2 Subchapter B: Practice and procedure of local agencies
* 2.2.1 Section 551: Scope of subchapter
* 2.2.2 Section 552: Representation
* 2.2.3 Section 553: Hearing and record
* 2.2.4 Section 554: Evidence and cross-examination
* 2.2.5 Section 555: Contents and service of adjudications
* 2.3 Subchapter C: Administrative proceeding interpreters for persons with limited English proficiency
* 2.3.1 Section 561: Scope of subchapter
* 2.3.2 Section 562: Duties of department
* 2.3.3 Section 563: Appointment of interpreter
* 2.3.4 Section 564: Replacement of interpreter
* 2.3.5 Section 565: Oath
* 2.3.6 Section 566: Confidential communications in presence of interpreter
* 2.3.7 Section 567: Cost of providing interpreter
* 2.3.8 Section 568: Funding
* 2.4 Subchapter D: Administrative proceeding interpreters for persons who are deaf
* 2.4.1 Section 581: Scope of subchapter
* 2.4.2 Section 582: Duties of department
* 2.4.3 Section 583: Appointment of interpreter
* 2.4.4 Section 584: Replacement of interpreter
* 2.4.5 Section 585: Oath
* 2.4.6 Section 586: Confidential communications in presence of interpreter
* 2.4.7 Section 587: Cost of providing interpreter
* 2.4.8 Section 588: Funding
* 3 Chapter 7: Judicial review
* 3.1 Subchapter A: Judicial review of commonwealth agency action
* 3.1.1 Section 701: Scope of subchapter
* 3.1.2 Section 702: Appeals
* 3.1.3 Section 703: Scope of review
* 3.1.4 Section 704: Disposition of appeal
* 3.2 Subchapter B: Judicial review of local agency action
* 3.2.1 Section 751: Scope of subchapter
* 3.2.2 Section 752: Appeals
* 3.2.3 Section 753: Scope of review
* 3.2.4 Section 754: Disposition of appeal
* 4 See also
* 5 External links
* 6 Footnotes

Administrative State

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The Pennsylvania Administrative Procedure Act is the law governing procedures for state administrative agencies to propose and issue regulations and provides for judicial review of agency adjudications and other final decisions in Pennsylvania. It can be found in Title 2 of the Pennsylvania Consolidated Statutes.[1]

## Chapter 1: General provisions[edit]

### Section 101: Definitions[edit]

Text of Section 101:

Subject to additional definitions contained in subsequent provisions of this title which are applicable to specific provisions of this title, the following words and phrases when used in this title shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:

"Adjudication." Any final order, decree, decision, determination or ruling by an agency affecting personal or property rights, privileges, immunities, duties, liabilities or obligations of any or all of the parties to the proceeding in which the adjudication is made. The term does not include any order based upon a proceeding before a court or which involves the seizure or forfeiture of property, paroles, pardons or releases from mental institutions.

"Administrative proceeding." Any proceeding other than a judicial proceeding, the outcome of which is required to be based on a record or documentation prescribed by law or in which law or regulation is particularized in application to individuals. The term includes an appeal.

"Agency." A government agency.

"Appeal." Includes proceedings on petition for review.

"Certified interpreter." A person who:

(1) is readily able to interpret; and

(2) either:

(i) is certified by the Department of Labor and Industry in accordance with Subchapter C of Chapter 5 (relating to administrative proceeding interpreters for persons with limited English proficiency); or

(ii) is certified by the Department of Labor and Industry in accordance with Subchapter D of Chapter 5 (relating to administrative proceeding interpreters for persons who are deaf) or is registered with the department pursuant to the act of July 2, 2004 (P.L.492, No.57), known as the Sign Language Interpreter and Transliterator State Registration Act.

"Commonwealth agency." Any executive agency or independent agency.

"Commonwealth government." The government of the Commonwealth, including the courts and other officers or agencies of the unified judicial system, the General Assembly, and its officers and agencies, the Governor, and the departments, boards, commissions, authorities and officers and agencies of the Commonwealth, but the term does not include any political subdivision, municipal or other local authority, or any officer or agency of any such political subdivision or local authority.

"Court Administrator of Pennsylvania." The court administrator appointed by the Supreme Court under section 10(b) of Article V of the Constitution of Pennsylvania and 42 Pa.C.S. § 1901 (relating to Court Administrator of Pennsylvania).

"Deaf." An impairment of hearing or speech which creates an inability to understand or communicate the spoken English language.

"Department." The Department of Labor and Industry of the Commonwealth.

"Executive agency." The Governor and the departments, boards, commissions, authorities and other officers and agencies of the Commonwealth government, but the term does not include any court or other officer or agency of the unified judicial system, the General Assembly and its officers and agencies, or any independent agency.

"General rule." As defined in 42 Pa.C.S. § 102 (relating to definitions).

"Government agency." Any Commonwealth agency or any political subdivision or municipal or other local authority, or any officer or agency of any such political subdivision or local authority.

"Government unit." The General Assembly and its officers and agencies, any government agency or any court or other officer or agency of the unified judicial system.

"Independent agency." Boards, commissions, authorities and other agencies and officers of the Commonwealth government which are not subject to the policy supervision and control of the Governor, but the term does not include any court or other officer or agency of the unified judicial system or the General Assembly and its officers and agencies.

"Interpret." Either one of the following:

(1) For purposes of Subchapter C of Chapter 5 (relating to administrative proceeding interpreters for persons with limited English proficiency), to convey spoken and written English into the language of the person with limited English proficiency and to convey oral and written statements by the person into spoken English.

(2) For purposes of Subchapter D of Chapter 5 (relating to administrative proceeding interpreters for persons who are deaf), to convey spoken English in a manner understood by the person who is deaf and to convey statements made by the person who is deaf into English through, but not limited to, American Sign Language and transliteration or the use of computer-aided real-time captioning (CART) or similar procedure.

"Interpreter." Includes both a certified interpreter and an otherwise qualified interpreter.

"Judicial proceeding." An "action," "appeal" or "proceeding" in any "court" of this Commonwealth as those terms are defined in 42 Pa.C.S. § 102 (relating to definitions).

"Limited ability to speak or understand English." The ability to speak exclusively or primarily a language other than English and the inability to sufficiently speak or understand English.

"Local agency." A government agency other than a Commonwealth agency.

"Matter." Action, proceeding or appeal.

"Otherwise qualified interpreter." A person who:

(1) For purposes of Subchapter C of Chapter 5 (relating to administrative proceeding interpreters for persons with limited English proficiency):

(i) is readily able to interpret; and

(ii) has read, understands and agrees to abide by the code of professional conduct for administrative proceeding interpreters for persons with limited English proficiency as established by the Department of Labor and Industry in accordance with Subchapter C of Chapter 5.

(2) For purposes of Subchapter D of Chapter 5 (relating to administrative proceeding interpreters for persons who are deaf):

(i) is readily able to interpret;

(ii) is certified by the National Association of the Deaf, the Registry of Interpreters for the Deaf or similar registry; and

(iii) has read, understands and agrees to abide by the code of professional conduct for administrative proceeding interpreters for persons who are deaf as established by the Department of Labor and Industry in accordance with Subchapter D of Chapter 5.

"Party." Any person who appears in a proceeding before an agency who has a direct interest in the subject matter of such proceeding.

"Person." Includes a government unit or an agency of the Federal Government.

"Person who is deaf." A party or witness who is deaf.

"Person with limited English proficiency." A party or a witness who has limited ability to speak or understand English.

"Presiding officer." An individual appointed by an agency to preside at an administrative proceeding.

"Transliteration." To convey spoken or written English in an English-based sign system and the process of conveying an English-based sign system in spoken or written English.

"Witness." A person who testifies in a proceeding before an agency.

(Nov. 29, 2006, P.L.1538, No.172, eff. 60 days)

Cross References. Section 101 is referred to in section 202 of Title 26 (Eminent Domain); section 4402 of Title 42 (Judiciary and Judicial Procedure).[2]

### Section 102: Implementing regulations[edit]

Text of Section 102:

(a) General rule.--An agency shall have power to promulgate, amend and repeal reasonable regulations implementing the provisions of this title. (b) Uniform rules.--(Reserved).[3]

### Section 103: Administrative agency law[edit]

Text of Section 103:

(a) General rule.--The provisions of Subchapter A of Chapter 5 (relating to practice and procedure of Commonwealth agencies) and Subchapter A of Chapter 7 (relating to judicial review of Commonwealth agency action) shall be known and may be cited as the "Administrative Agency Law."

(b) Rule making references.--Whenever any statute makes reference to the Administrative Agency Law for procedures relating to the promulgation of administrative regulations, such reference shall hereafter be deemed to be a reference to the act of July 31, 1968 (P.L.769, No.240), known as the "Commonwealth Documents Law."[4]

### Section 105: Local agency law[edit]

Text of Section 105:

The provisions of Subchapter B of Chapter 5 (relating to practice and procedure of local agencies) and Subchapter B of Chapter 7 (relating to judicial review of local agency action) shall be known and may be cited as the "Local Agency Law."[5]

### Section 106: Effect of future legislation[edit]

Text of Section 106:

No subsequent statute shall be held to supersede or modify the provisions of this title except to the extent that such statute shall do so expressly.[6]

## Chapter 5: Practice and procedure[edit]

### Subchapter A: Practice and procedure of commonwealth agencies[edit]

#### Section 501: Scope of subchapter[edit]

Text of Section 501:

(a) General rule.--Except as provided in subsection (b), this subchapter shall apply to all Commonwealth agencies.

(b) Exception.--None of the provisions of this subchapter shall apply to:

(1) Proceedings before the Department of Revenue, Auditor General or Board of Finance and Revenue, involving the original settlement, assessment or determination or resettlement, reassessment or redetermination, review or refund of taxes, interest or payments made into the Commonwealth treasury.

(2) Proceedings before the Secretary of the Commonwealth under the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code.

(3) Proceedings before the Department of Transportation involving matters reviewable under 42 Pa.C.S. § 933 (relating to appeals from government agencies).

(4) Proceedings before the State System of Higher Education involving student discipline.

(Dec. 21, 1988, P.L.1895, No.186, eff. imd.)[7]

#### Section 502: Representation[edit]

Text of Section 502:

Any party may be represented before a Commonwealth agency.[8]

#### Section 503: Discipline[edit]

Text of Section 503:

Any Commonwealth agency may, upon hearing and good cause shown, preclude any person from practice before it.[9]

#### Section 504: Hearing and record[edit]

Text of Section 504:

No adjudication of a Commonwealth 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 shall be stenographically recorded and a full and complete record shall be kept of the proceedings.

Cross References. Section 504 is referred to in section 9312 of Title 3 (Agriculture); sections 1205, 13A14 of Title 4 (Amusements).[10]

#### Section 505: Evidence and cross-examination[edit]

Text of Section 505:

Commonwealth 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.

Cross References. Section 505 is referred to in section 9312 of Title 3 (Agriculture); sections 1205, 13A14 of Title 4 (Amusements).[11]

#### Section 506: Briefs and oral argument[edit]

Text of Section 506:

All parties shall be afforded opportunity to submit briefs prior to adjudication by a Commonwealth agency. Oral argument upon substantial issues may be heard by the agency.[12]

#### Section 507: Contents and service of adjudications[edit]

Text of Section 507:

All adjudications of a Commonwealth 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.[13]

#### Section 508: Notice to Department of Justice[edit]

Text of Section 508:

Before notice of any hearing leading to an adjudication is given by a Commonwealth agency (except the Pennsylvania Public Utility Commission), the agency shall submit the matter to its representative in the Department of Justice who shall pass upon the legality of the proposed action or defense. Failure of the agency to submit the matter to the department shall not invalidate any adjudication.[14]

### Subchapter B: Practice and procedure of local agencies[edit]

#### Section 551: Scope of subchapter[edit]

Text of Section 551:

This subchapter shall apply to all local agencies.[15]

#### Section 552: Representation[edit]

Text of Section 552:

Any party may be represented before a local agency.[16]

#### Section 553: Hearing and record[edit]

Text of Section 553:

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.[17]

#### Section 554: Evidence and cross-examination[edit]

Text of Section 554:

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.[18]

#### Section 555: Contents and service of adjudications[edit]

Text of Section 555:

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.[19]

### Subchapter C: Administrative proceeding interpreters for persons with limited English proficiency[edit]

#### Section 561: Scope of subchapter[edit]

Text of Section 561:

(a) Commonwealth agencies.--Except as provided in subsection (b), this subchapter applies to all Commonwealth agencies.

(b) Exception.--This subchapter does not apply to:

(1) Proceedings before the Department of Revenue, the Department of the Auditor General or the Board of Finance and Revenue involving the original settlement, assessment or determination or resettlement, reassessment or redetermination, review or refund of taxes, interest or payments made into the State Treasury.

(2) Proceedings before the Secretary of the Commonwealth under the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code.

(3) Proceedings before the Department of Transportation involving matters reviewable under 42 Pa.C.S. § 933 (relating to appeals from government agencies).

(4) Proceedings before the State System of Higher Education involving student discipline.

(c) Local agencies.--This subchapter applies to all local agencies.[20]

#### Section 562: Duties of department[edit]

Text of Section 562:

(a) Interpreter program.--The department shall establish a program to appoint and use certified interpreters in administrative proceedings that is consistent with the program established by the Administrative Office of Pennsylvania Courts pursuant to 42 Pa.C.S. Ch. 44 (relating to court interpreters). As part of the program, the department may grant automatic certification to any interpreter that has been certified pursuant to 42 Pa.C.S. Ch. 44. To certify interpreters, the department may establish a program which may include:

(1) establishing and administering a comprehensive testing and certification program for interpreters;

(2) establishing and adopting standards of proficiency, written and oral, in English and the language to be interpreted, including, but not limited to, certification by the Court Administrator of Pennsylvania as provided in 42 Pa.C.S. Ch. 44;

(3) conducting periodic examinations to ensure the availability of certified interpreters pursuant to this subchapter;

(4) prescribing, determining and certifying the qualifications of persons who may serve as certified interpreters for persons with limited English proficiency;

(5) charging reasonable fees, as deemed necessary, for testing and certification;

(6) reciprocity of certification for interpreters from other jurisdictions, provided that, in the judgment of the department, the criteria for certification in the foreign jurisdiction is at least as stringent as that established by the department or the Court Administrator of Pennsylvania;

(7) providing for the audio recording of testimony that is the subject of interpretation; and

(8) providing a continuing education requirement for interpreters.

(b) List of certified interpreters.--The department shall compile, maintain and disseminate a current list of interpreters certified by the department to the agencies through any means deemed appropriate by the department, including, but not limited to, a written directory and publication on the official World Wide Web site of the department.

(c) Guidelines for selection of otherwise qualified interpreters.--The department shall provide guidelines to the agencies for the selection and use of otherwise qualified interpreters in order to ensure that the highest standards of accuracy are maintained in all administrative proceedings subject to this subchapter.

(d) Fee schedule.--The department shall prescribe, subject to periodic review, a schedule of reasonable fees for services rendered by certified interpreters and otherwise qualified interpreters.

(e) Standards of professional conduct.--

(1) The department shall establish and adopt standards for a code of professional conduct for administrative proceeding interpreters for persons with limited English proficiency.

(2) The department shall establish, administer or recommend a process to review and respond to allegations of violations of the code of professional conduct for administrative proceeding interpreters for persons with limited English proficiency, including, but not limited to, decertification and other disciplinary measures.

(f) Certification by courts.--Any interpreter certified by the Administrative Office of Pennsylvania Courts pursuant to 42 Pa.C.S. Ch. 44 shall be deemed certified pursuant to this chapter.[21]

#### Section 563: Appointment of interpreter[edit]

Text of Section 563:

(a) Appointment of certified interpreter.--Upon request or sua sponte, a presiding officer shall appoint a certified interpreter, unless a certified interpreter is unavailable as provided in subsection (b).

(b) Appointment of otherwise qualified interpreter when certified interpreter is unavailable.--

(1) An otherwise qualified interpreter shall be appointed by the presiding officer if a good faith effort was made to obtain a certified interpreter and a certified interpreter was not reasonably available, as determined by the presiding officer.

(2) Prior to the appointment of an otherwise qualified interpreter, the presiding officer shall state on the record that the otherwise qualified interpreter:

(i) is readily able to interpret; and

(ii) has read, understands and agrees to abide by the code of professional conduct for administrative proceeding interpreters for persons with limited English proficiency, as established by the department.

(c) Additional interpreters.--After consideration of the length of the administrative proceeding and the number of persons with limited English proficiency involved, a presiding officer may appoint, as provided in subsections (a) and (b), an additional interpreter or provide for additional interpretation in a manner deemed appropriate by the presiding officer.[22]

#### Section 564: Replacement of interpreter[edit]

Text of Section 564:

A presiding officer shall dismiss the interpreter and obtain the services of another interpreter in accordance with this subchapter if the interpreter:

(1) Fails to follow the standards prescribed by law or by the code of professional conduct for administrative proceeding interpreters for persons with limited English proficiency.

(2) Is unable to effectively communicate with the presiding officer or the person with limited English proficiency, including where the interpreter self-reports such inability.[23]

#### Section 565: Oath[edit]

Text of Section 565:

Before the commencement of interpreter duties, an interpreter appointed under this subchapter shall take an oath or make an affirmation on the record that the interpreter will make a true interpretation to the person with limited English proficiency in the language which the person with limited English proficiency understands and that the interpreter will repeat the statements of the person with limited English proficiency to the court in English to the best of the interpreter's skill and judgment and in accordance with the code of professional conduct for administrative proceeding interpreters for persons with limited English proficiency.[24]

#### Section 566: Confidential communications in presence of interpreter[edit]

Text of Section 566:

An interpreter appointed under this subchapter may not be compelled to testify, in any judicial proceeding or administrative proceeding, to statements made by the person with limited English proficiency and interpreted by the interpreter when the person with limited English proficiency is engaged in a confidential communication as provided by any statute or general rule, including, but not limited to:

(1) 42 Pa.C.S. § 5916 (relating to confidential communications to attorney).

(2) 42 Pa.C.S. § 5928 (relating to confidential communications to attorney).

(3) 42 Pa.C.S. § 5942 (relating to confidential communications to news reporters).

(4) 42 Pa.C.S. § 5943 (relating to confidential communications to clergymen).

(5) 42 Pa.C.S. § 5944 (relating to confidential communications to psychiatrists or licensed psychologists).

(6) 42 Pa.C.S. § 5945 (relating to confidential communications to school personnel).

(7) 42 Pa.C.S. § 5945.1 (relating to confidential communications with sexual assault counselors).

(8) 42 Pa.C.S. § 5945.2 (relating to confidential communications to crime stopper or similar anticrime program).[25]

#### Section 567: Cost of providing interpreter[edit]

Text of Section 567:

An interpreter appointed in accordance with this subchapter is entitled to a reasonable fee for interpreter services and shall be reimbursed for actual and reasonable expenses by the agency conducting the administrative proceeding.

Cross References. Section 567 is referred to in section 568 of this title.[26]

#### Section 568: Funding[edit]

Text of Section 568:

Except as provided in section 567 (relating to cost of providing interpreter), the General Assembly shall appropriate to the department such sums as may be necessary to establish a program to facilitate the use of interpreters and otherwise fulfill the provisions of this subchapter. Implementation of this section is contingent upon the availability of appropriated funds to carry out the purposes of this section.[27]

### Subchapter D: Administrative proceeding interpreters for persons who are deaf[edit]

#### Section 581: Scope of subchapter[edit]

Text of Section 581:

(a) Commonwealth agencies.--Except as provided in subsection (b), this subchapter applies to all Commonwealth agencies.

(b) Exception.--This subchapter does not apply to:

(1) Proceedings before the Department of Revenue, the Department of the Auditor General or the Board of Finance and Revenue involving the original settlement, assessment or determination or resettlement, reassessment or redetermination, review or refund of taxes, interest or payments made into the State Treasury.

(2) Proceedings before the Secretary of the Commonwealth under the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code.

(3) Proceedings before the Department of Transportation involving matters reviewable under 42 Pa.C.S. § 933 (relating to appeals from government agencies).

(4) Proceedings before the State System of Higher Education involving student discipline.

(c) Local agencies.--This subchapter applies to all local agencies.[28]

#### Section 582: Duties of department[edit]

Text of Section 582:

(a) Interpreter program.--The department shall establish a program to appoint and use certified interpreters in administrative proceedings that is consistent with the program established by the Administrative Office of Pennsylvania Courts pursuant to 42 Pa.C.S. Ch. 44 (relating to court interpreters). As part of the program, the department may grant automatic certification to any interpreter that has been certified pursuant to 42 Pa.C.S. Ch. 44. To certify interpreters, the department may establish a program which may include:

(1) establishing and administering a comprehensive testing and certification program for interpreters pursuant to this subchapter;

(2) establishing and adopting standards of proficiency, including, but not limited to, certification by the Court Administrator of Pennsylvania as provided in 42 Pa.C.S. Ch. 44 and certification by the Registry for Interpreters for the Deaf or similar registry;

(3) conducting periodic examinations to ensure the availability of certified interpreters;

(4) prescribing, determining and certifying the qualifications of persons who may serve as certified interpreters;

(5) charging reasonable fees, as deemed necessary, for testing and certification;

(6) reciprocity of certification for interpreters from other jurisdictions, provided that, in the judgment of the department, the criteria for certification in the foreign jurisdiction is as least as stringent as that established by the department or the Court Administrator of Pennsylvania;

(7) providing for the audio recording of testimony that is the subject of interpretation; and

(8) providing a continuing education requirement for interpreters.

(b) List of certified interpreters.--The department shall compile, maintain and disseminate a current list of interpreters certified by the department to the agencies through any means deemed appropriate by the department, including, but not limited to, a written directory and publication on the official World Wide Web site of the department.

(c) Guidelines for selection of otherwise qualified interpreters.--The department shall provide guidelines to the agencies for the selection and use of otherwise qualified interpreters in order to ensure that the highest standards of accuracy are maintained in all administrative proceedings subject to this subchapter.

(d) Fee schedule.--The department shall prescribe, subject to periodic review, a schedule of reasonable fees for services rendered by certified interpreters and otherwise qualified interpreters.

(e) Standards of professional conduct.--

(1) The department shall establish and adopt standards for a code of professional conduct for administrative proceeding interpreters for persons who are deaf.

(2) The department shall establish, administer or recommend a process to review and respond to allegations of violations of the code of professional conduct for administrative proceeding interpreters for persons who are deaf, including, but not limited to, decertification and other disciplinary measures.

(f) Certification by courts.--Any interpreter certified by the Administrative Office of Pennsylvania Courts pursuant to 42 Pa.C.S. Ch. 44 shall be deemed certified pursuant to this chapter.[29]

#### Section 583: Appointment of interpreter[edit]

Text of Section 583:

(a) Appointment of certified interpreter.--Upon request, a presiding officer shall appoint a certified interpreter unless the certified interpreter is unavailable as provided in subsection (b).

(b) Appointment of otherwise qualified interpreter when certified interpreter is unavailable.--

(1) An otherwise qualified interpreter shall be appointed by a presiding officer if a good faith effort was made to obtain a certified interpreter and a certified interpreter was not reasonably available, as determined by the presiding officer.

(2) Prior to the appointment of an otherwise qualified interpreter, the presiding officer shall state on the record that to the best of the knowledge of the presiding officer, the otherwise qualified interpreter:

(i) is readily able to interpret;

(ii) is certified by the National Association for the Deaf, the Registry of Interpreters for the Deaf or similar registry, to the best of the knowledge of the presiding officer; and

(iii) has read, understands and agrees to abide by the code of professional conduct for administrative proceeding interpreters for persons who are deaf, as established by the department.

(c) Additional interpreters.--After consideration of the length of the administrative proceeding, the special needs of the person who is deaf and the number of persons involved who are deaf, the presiding officer may appoint, as provided in subsections (a) and (b), an additional interpreter or provide for additional interpretation in a manner deemed appropriate by the presiding officer.[30]

#### Section 584: Replacement of interpreter[edit]

Text of Section 584:

A presiding officer shall dismiss the interpreter and obtain the services of another interpreter in accordance with this subchapter if the interpreter:

(1) Fails to follow the standards prescribed by law or by the code of professional conduct for administrative proceeding interpreters for persons who are deaf.

(2) Is unable to effectively communicate with the presiding officer or person who is deaf, including where the interpreter self-reports such inability.[31]

#### Section 585: Oath[edit]

Text of Section 585:

Before the commencement of interpreter duties, an interpreter appointed under this subchapter shall take an oath or make an affirmation on the record that the interpreter will make a true interpretation to the person who is deaf in the manner that the person who is deaf understands and that the interpreter will repeat the statements of the person who is deaf to the court in the spoken English language to the best of the interpreter's skill and judgment and in accordance with the code of professional conduct for administrative proceeding interpreters for persons who are deaf.[32]

#### Section 586: Confidential communications in presence of interpreter[edit]

Text of Section 586:

An interpreter appointed under this subchapter may not be compelled to testify, in any judicial proceeding or administrative proceeding, to statements made by the person who is deaf and interpreted by the interpreter when the person who is deaf is engaged in a confidential communication as provided by any statute or general rule, including, but not limited to:

(1) 42 Pa.C.S. § 5916 (relating to confidential communications to attorney).

(2) 42 Pa.C.S. § 5928 (relating to confidential communications to attorney).

(3) 42 Pa.C.S. § 5942 (relating to confidential communications to news reporters).

(4) 42 Pa.C.S. § 5943 (relating to confidential communications to clergymen).

(5) 42 Pa.C.S. § 5944 (relating to confidential communications to psychiatrists or licensed psychologists).

(6) 42 Pa.C.S. § 5945 (relating to confidential communications to school personnel).

(7) 42 Pa.C.S. § 5945.1 (relating to confidential communications with sexual assault counselors).

(8) 42 Pa.C.S. § 5945.2 (relating to confidential communications to crime stopper or similar anticrime program).[33]

#### Section 587: Cost of providing interpreter[edit]

Text of Section 587:

An interpreter appointed in accordance with this subchapter is entitled to a reasonable fee for interpreter services and shall be reimbursed for actual and reasonable expenses by the agency conducting the administrative proceeding.

Cross References. Section 587 is referred to in section 588 of this title.[34]

#### Section 588: Funding[edit]

Text of Section 588:

Except as provided in section 587 (relating to cost of providing interpreter), the General Assembly shall appropriate to the department such sums as may be necessary to establish a program to facilitate the use of interpreters and otherwise fulfill the provisions of this subchapter. Implementation of this section is contingent upon the availability of appropriated funds to carry out the purposes of this section.[35]

## Chapter 7: Judicial review[edit]

### Subchapter A: Judicial review of commonwealth agency action[edit]

#### Section 701: Scope of subchapter[edit]

Text of Section 701:

(a) General rule.--Except as provided in subsection (b), this subchapter shall apply to all Commonwealth 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) Exceptions.--None of the provisions of this subchapter shall apply to:

(1) Any matter which is exempt from Subchapter A of Chapter 5 (relating to practice and procedure of Commonwealth agencies).

(2) Any appeal from a Commonwealth agency which may be taken initially to the courts of common pleas under 42 Pa.C.S. § 933 (relating to appeals from government agencies).[36]

#### Section 702: Appeals[edit]

Text of Section 702:

Any person aggrieved by an adjudication of a Commonwealth 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).

Cross References. Section 702 is referred to in section 9518 of Title 13 (Commercial Code).[37]

#### Section 703: Scope of review[edit]

Text of Section 703:

(a) General rule.--A party who proceeded before a Commonwealth agency under the terms of a particular statute shall not be precluded from questioning the validity of the statute in the appeal, but 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).[38]

#### Section 704: Disposition of appeal[edit]

Text of Section 704:

The court shall hear the appeal without a jury on the record certified by the Commonwealth 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 A of Chapter 5 (relating to practice and procedure of Commonwealth 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. § 706 (relating to disposition of appeals).[39]

### Subchapter B: Judicial review of local agency action[edit]

#### Section 751: Scope of subchapter[edit]

Text of Section 751:

(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.[40]

#### Section 752: Appeals[edit]

Text of Section 752:

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).[41]

#### Section 753: Scope of review[edit]

Text of Section 753:

(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).[42]

#### Section 754: Disposition of appeal[edit]

Text of Section 754:

(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. § 706 (relating to disposition of appeals).[43]

## See also[edit]

* Administrative Procedure Act
* Rulemaking
* Adjudication
* Judicial review

## External links[edit]

* Search Google News for this topic
* Full text of the Pennsylvania Administrative Procedure Act

## Footnotes[edit]

1. ↑ JUSTIA, "2022 Pennsylvania Consolidated Statutes, Title 2 - ADMINISTRATIVE LAW AND PROCEDURE," accessed July 5, 2023
2. ↑ JUSTIA, "2022 Pennsylvania Consolidated Statutes, Title 2 - ADMINISTRATIVE LAW AND PROCEDURE, Chapter 1 - General Provisions, Section 101 - Definitions," accessed July 5, 2023
3. ↑ JUSTIA, "2022 Pennsylvania Consolidated Statutes, Title 2 - ADMINISTRATIVE LAW AND PROCEDURE, Chapter 1 - General Provisions, Section 102 - Implementing regulations," accessed July 5, 2023
4. ↑ JUSTIA, "2022 Pennsylvania Consolidated Statutes, Title 2 - ADMINISTRATIVE LAW AND PROCEDURE, Chapter 1 - General Provisions, Section 103 - Administrative Agency Law," accessed July 5, 2023
5. ↑ JUSTIA, "2017 Pennsylvania Consolidated Statutes, Title 2 - ADMINISTRATIVE LAW AND PROCEDURE, Chapter 1 - General Provisions, Section 105 - Local Agency Law," accessed January 8, 2019
6. ↑ JUSTIA, "2022 Pennsylvania Consolidated Statutes, Title 2 - ADMINISTRATIVE LAW AND PROCEDURE, Chapter 1 - General Provisions, Section 106 - Effect of future legislation," accessed July 5, 2023
7. ↑ JUSTIA, "2022 Pennsylvania Consolidated Statutes, Title 2 - ADMINISTRATIVE LAW AND PROCEDURE, Chapter 5 - Practice and Procedure, Section 501 - Scope of subchapter," accessed July 5, 2023
8. ↑ JUSTIA, "2022 Pennsylvania Consolidated Statutes, Title 2 - ADMINISTRATIVE LAW AND PROCEDURE, Chapter 5 - Practice and Procedure, Section 502 - Representation," accessed July 5, 2023
9. ↑ JUSTIA, "2022 Pennsylvania Consolidated Statutes, Title 2 - ADMINISTRATIVE LAW AND PROCEDURE, Chapter 5 - Practice and Procedure, Section 503 - Discipline," accessed July 5, 2023
10. ↑ JUSTIA, "2022 Pennsylvania Consolidated Statutes, Title 2 - ADMINISTRATIVE LAW AND PROCEDURE, Chapter 5 - Practice and Procedure, Section 504 - Hearing and record," accessed July 5, 2023
11. ↑ JUSTIA, "2022 Pennsylvania Consolidated Statutes, Title 2 - ADMINISTRATIVE LAW AND PROCEDURE, Chapter 5 - Practice and Procedure, Section 505 - Evidence and cross-examination," accessed July 5, 2023
12. ↑ JUSTIA, "2022 Pennsylvania Consolidated Statutes, Title 2 - ADMINISTRATIVE LAW AND PROCEDURE, Chapter 5 - Practice and Procedure, Section 506 - Briefs and oral argument," accessed July 5, 2023
13. ↑ JUSTIA, "2022 Pennsylvania Consolidated Statutes, Title 2 - ADMINISTRATIVE LAW AND PROCEDURE, Chapter 5 - Practice and Procedure, Section 507 - Contents and service of adjudications," accessed July 5, 2023
14. ↑ JUSTIA, "2022 Pennsylvania Consolidated Statutes, Title 2 - ADMINISTRATIVE LAW AND PROCEDURE, Chapter 5 - Practice and Procedure, Section 508 - Notice to Department of Justice," accessed July 5, 2023
15. ↑ JUSTIA, "2022 Pennsylvania Consolidated Statutes, Title 2 - ADMINISTRATIVE LAW AND PROCEDURE, Chapter 5 - Practice and Procedure, Section 551 - Scope of subchapter," accessed July 5, 2023
16. ↑ JUSTIA, "2022 Pennsylvania Consolidated Statutes, Title 2 - ADMINISTRATIVE LAW AND PROCEDURE, Chapter 5 - Practice and Procedure, Section 552 - Representation," accessed July 5, 2023
17. ↑ JUSTIA, "2022 Pennsylvania Consolidated Statutes, Title 2 - ADMINISTRATIVE LAW AND PROCEDURE, Chapter 5 - Practice and Procedure, Section 553 - Hearing and record," accessed July 5, 2023
18. ↑ JUSTIA, "2022 Pennsylvania Consolidated Statutes, Title 2 - ADMINISTRATIVE LAW AND PROCEDURE, Chapter 5 - Practice and Procedure, Section 554 - Evidence and cross-examination," accessed July 5, 2023
19. ↑ JUSTIA, "2022 Pennsylvania Consolidated Statutes, Title 2 - ADMINISTRATIVE LAW AND PROCEDURE, Chapter 5 - Practice and Procedure, Section 555 - Contents and service of adjudications," accessed July 5, 2023
20. ↑ JUSTIA, "2022 Pennsylvania Consolidated Statutes, Title 2 - ADMINISTRATIVE LAW AND PROCEDURE, Chapter 5 - Practice and Procedure, Section 561 - Scope of subchapter," accessed July 5, 2023
21. ↑ JUSTIA, "2022 Pennsylvania Consolidated Statutes, Title 2 - ADMINISTRATIVE LAW AND PROCEDURE, Chapter 5 - Practice and Procedure, Section 562 - Duties of department," accessed July 5, 2023
22. ↑ JUSTIA, "2022 Pennsylvania Consolidated Statutes, Title 2 - ADMINISTRATIVE LAW AND PROCEDURE, Chapter 5 - Practice and Procedure, Section 563 - Appointment of interpreter," accessed July 5, 2023
23. ↑ JUSTIA, "2022 Pennsylvania Consolidated Statutes, Title 2 - ADMINISTRATIVE LAW AND PROCEDURE, Chapter 5 - Practice and Procedure, Section 564 - Replacement of interpreter," accessed July 5, 2023
24. ↑ JUSTIA, "2022 Pennsylvania Consolidated Statutes, Title 2 - ADMINISTRATIVE LAW AND PROCEDURE, Chapter 5 - Practice and Procedure, Section 565 - Oath," accessed July 5, 2023
25. ↑ JUSTIA, "2022 Pennsylvania Consolidated Statutes, Title 2 - ADMINISTRATIVE LAW AND PROCEDURE, Chapter 5 - Practice and Procedure, Section 566 - Confidential communications in presence of interpreter," accessed July 5, 2023
26. ↑ JUSTIA, "2022 Pennsylvania Consolidated Statutes, Title 2 - ADMINISTRATIVE LAW AND PROCEDURE, Chapter 5 - Practice and Procedure, Section 567 - Cost of providing interpreter," accessed July 5, 2023
27. ↑ JUSTIA, "2022 Pennsylvania Consolidated Statutes, Title 2 - ADMINISTRATIVE LAW AND PROCEDURE, Chapter 5 - Practice and Procedure, Section 568 - Funding," accessed July 5, 2023
28. ↑ JUSTIA, "2022 Pennsylvania Consolidated Statutes, Title 2 - ADMINISTRATIVE LAW AND PROCEDURE, Chapter 5 - Practice and Procedure, Section 581 - Scope of subchapter," accessed July 5, 2023
29. ↑ JUSTIA, "2022 Pennsylvania Consolidated Statutes, Title 2 - ADMINISTRATIVE LAW AND PROCEDURE, Chapter 5 - Practice and Procedure, Section 582 - Duties of department," accessed July 5, 2023
30. ↑ JUSTIA, "2022 Pennsylvania Consolidated Statutes, Title 2 - ADMINISTRATIVE LAW AND PROCEDURE, Chapter 5 - Practice and Procedure, Section 583 - Appointment of interpreter," accessed July 5, 2023
31. ↑ JUSTIA, "2022 Pennsylvania Consolidated Statutes, Title 2 - ADMINISTRATIVE LAW AND PROCEDURE, Chapter 5 - Practice and Procedure, Section 584 - Replacement of interpreter," accessed July 5, 2023
32. ↑ JUSTIA, "2022 Pennsylvania Consolidated Statutes, Title 2 - ADMINISTRATIVE LAW AND PROCEDURE, Chapter 5 - Practice and Procedure, Section 585 - Oath," accessed July 5, 2023
33. ↑ JUSTIA, "2022 Pennsylvania Consolidated Statutes, Title 2 - ADMINISTRATIVE LAW AND PROCEDURE, Chapter 5 - Practice and Procedure, Section 586 - Confidential communications in presence of interpreter," accessed July 5, 2023
34. ↑ JUSTIA, "2022 Pennsylvania Consolidated Statutes, Title 2 - ADMINISTRATIVE LAW AND PROCEDURE, Chapter 5 - Practice and Procedure, Section 587 - Cost of providing interpreter," accessed July 5, 2023
35. ↑ JUSTIA, "2022 Pennsylvania Consolidated Statutes, Title 2 - ADMINISTRATIVE LAW AND PROCEDURE, Chapter 5 - Practice and Procedure, Section 588 - Funding," accessed July 5, 2023
36. ↑ JUSTIA, "2022 Pennsylvania Consolidated Statutes, Title 2 - ADMINISTRATIVE LAW AND PROCEDURE, Chapter 7 - Judicial Review, Section 701 - Scope of subchapter," accessed July 5, 2023
37. ↑ JUSTIA, "2022 Pennsylvania Consolidated Statutes, Title 2 - ADMINISTRATIVE LAW AND PROCEDURE, Chapter 7 - Judicial Review, Section 702 - Appeals," accessed July 5, 2023
38. ↑ JUSTIA, "2022 Pennsylvania Consolidated Statutes, Title 2 - ADMINISTRATIVE LAW AND PROCEDURE, Chapter 7 - Judicial Review, Section 703 - Scope of review," accessed July 5, 2023
39. ↑ JUSTIA, "2022 Pennsylvania Consolidated Statutes, Title 2 - ADMINISTRATIVE LAW AND PROCEDURE, Chapter 7 - Judicial Review, Section 704 - Disposition of appeal," accessed July 5, 2023
40. ↑ JUSTIA, "2017 Pennsylvania Consolidated Statutes, Title 2 - ADMINISTRATIVE LAW AND PROCEDURE, Chapter 7 - Judicial Review, Section 751 - Scope of subchapter," accessed July 5, 2023
41. ↑ JUSTIA, "2022 Pennsylvania Consolidated Statutes, Title 2 - ADMINISTRATIVE LAW AND PROCEDURE, Chapter 7 - Judicial Review, Section 752 - Appeals," accessed July 5, 2023
42. ↑ JUSTIA, "2022 Pennsylvania Consolidated Statutes, Title 2 - ADMINISTRATIVE LAW AND PROCEDURE, Chapter 7 - Judicial Review, Section 753 - Scope of review," accessed July 5, 2023
43. ↑ JUSTIA, "2022 Pennsylvania Consolidated Statutes, Title 2 - ADMINISTRATIVE LAW AND PROCEDURE, Chapter 7 - Judicial Review, Section 754 - Disposition of appeal," accessed July 5, 2023

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* "Administrative Law - The 20th Century Bequeaths an 'Illegitimate Exotic' in Full and Terrifying Flower" by Stephen P. Dresch (2000)
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