In Re: Order Amending Rule 1512 of the Pennsylvania Rules of Appellate Procedure ( 2023 )

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.
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