reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 2 - ADMINISTRATIVE LAW AND PROCEDURE › Chapter 5 - Practice and Procedure › Section 501 - Scope of subchapter

§ 501. Scope of subchapter.
(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.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 2 - ADMINISTRATIVE LAW AND PROCEDURE › Chapter 5 - Practice and Procedure › Section 504 - Hearing and record

§ 504. Hearing and record.
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).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 2 - ADMINISTRATIVE LAW AND PROCEDURE › Chapter 5 - Practice and Procedure › Section 505 - Evidence and cross-examination

§ 505. Evidence and cross-examination.
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).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 2 - ADMINISTRATIVE LAW AND PROCEDURE › Chapter 5 - Practice and Procedure › Section 505.1 - Interpreters for the deaf (Deleted by amendment)

§ 505.1. Interpreters for the deaf (Deleted by amendment).
2006 Amendment.
Section 505.1 was deleted by amendment Nov. 29, 2006, P.L.1538, No.172, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 2 - ADMINISTRATIVE LAW AND PROCEDURE › Chapter 5 - Practice and Procedure › Section 507 - Contents and service of adjudications

§ 507. Contents and service of adjudications.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 2 - ADMINISTRATIVE LAW AND PROCEDURE › Chapter 5 - Practice and Procedure › Section 508 - Notice to Department of Justice

§ 508. Notice to Department of Justice.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 2 - ADMINISTRATIVE LAW AND PROCEDURE › Chapter 5 - Practice and Procedure › Section 553 - Hearing and record

§ 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.
Cross References.
Section 553 is referred to in section 2304 of Title 68 (Real and Personal Property).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 2 - ADMINISTRATIVE LAW AND PROCEDURE › Chapter 5 - Practice and Procedure › Section 554 - Evidence and cross-examination

§ 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 2 - ADMINISTRATIVE LAW AND PROCEDURE › Chapter 5 - Practice and Procedure › Section 555 - Contents and service of adjudications

§ 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 2 - ADMINISTRATIVE LAW AND PROCEDURE › Chapter 5 - Practice and Procedure › Section 561 - Scope of subchapter

§ 561. Scope of subchapter.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 2 - ADMINISTRATIVE LAW AND PROCEDURE › Chapter 5 - Practice and Procedure › Section 563 - Appointment of interpreter

§ 563. Appointment of interpreter.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 2 - ADMINISTRATIVE LAW AND PROCEDURE › Chapter 5 - Practice and Procedure › Section 564 - Replacement of interpreter

§ 564. Replacement of interpreter.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 2 - ADMINISTRATIVE LAW AND PROCEDURE › Chapter 5 - Practice and Procedure › Section 565 - Oath

§ 565. Oath.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 2 - ADMINISTRATIVE LAW AND PROCEDURE › Chapter 5 - Practice and Procedure › Section 566 - Confidential communications in presence of interpreter

§ 566. Confidential communications in presence of interpreter.
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).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 2 - ADMINISTRATIVE LAW AND PROCEDURE › Chapter 5 - Practice and Procedure › Section 567 - Cost of providing interpreter

§ 567. Cost of providing interpreter.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 2 - ADMINISTRATIVE LAW AND PROCEDURE › Chapter 5 - Practice and Procedure › Section 568 - Funding

§ 568. Funding.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 2 - ADMINISTRATIVE LAW AND PROCEDURE › Chapter 5 - Practice and Procedure › Section 581 - Scope of subchapter

§ 581. Scope of subchapter.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 2 - ADMINISTRATIVE LAW AND PROCEDURE › Chapter 5 - Practice and Procedure › Section 583 - Appointment of interpreter

§ 583. Appointment of interpreter.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 2 - ADMINISTRATIVE LAW AND PROCEDURE › Chapter 5 - Practice and Procedure › Section 584 - Replacement of interpreter

§ 584. Replacement of interpreter.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 2 - ADMINISTRATIVE LAW AND PROCEDURE › Chapter 5 - Practice and Procedure › Section 585 - Oath

§ 585. Oath.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 2 - ADMINISTRATIVE LAW AND PROCEDURE › Chapter 5 - Practice and Procedure › Section 586 - Confidential communications in presence of interpreter

§ 586. Confidential communications in presence of interpreter.
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).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 2 - ADMINISTRATIVE LAW AND PROCEDURE › Chapter 5 - Practice and Procedure › Section 587 - Cost of providing interpreter

§ 587. Cost of providing interpreter.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 2 - ADMINISTRATIVE LAW AND PROCEDURE › Chapter 5 - Practice and Procedure › Section 588 - Funding

§ 588. Funding.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 2 - ADMINISTRATIVE LAW AND PROCEDURE › Chapter 7 - Judicial Review › Extra - Chapter Notes

Enactment.
Chapter 7 was added April 28, 1978, P.L.202, No.53, effective in 60 days.
Cross References.
Chapter 7 is referred to in section 8533.1 of Title 24 (Education); section 5105 of
            Title 42 (Judiciary and Judicial Procedure); sections 5705, 57A05, 57A06.1, 8211 of
            Title 53 (Municipalities Generally); section 5953.1 of Title 71 (State Government);
            sections 3370, 3370.1 of Title 75 (Vehicles).
Cross References.
Subchapter A is referred to in section 103 of this title; sections 707, 1108.1, 1524,
            1543, 2114, 2362, 2380.8, 2504, 6825, 6826, 6915, 6920, 7115, 9339 of Title 3 (Agriculture);
            sections 313, 328, 1204, 1518, 3304, 3905 of Title 4 (Amusements); section 3517 of
            Title 5 (Athletics and Sports); section 6138 of Title 7 (Banks and Banking); section
            6205 of Title 12 (Commerce and Trade); section 503 of Title 17 (Credit Unions); section
            3022 of Title 18 (Crimes and Offenses); section 8617 of Title 20 (Decedents, Estates
            and Fiduciaries); section 5103 of Title 23 (Domestic Relations); section 8901 of Title
            24 (Education); section 7923 of Title 35 (Health and Safety); sections 3705, 9702
            of Title 40 (Insurance); section 763 of Title 42 (Judiciary and Judicial Procedure);
            section 323 of Title 57 (Notaries Public); sections 4506, 6137, 6139 of Title 61 (Prisons
            and Parole); section 13A02 of Title 65 (Public Officers); section 1105 of Title 67
            (Public Welfare); sections 9104, 9303 of Title 74 (Transportation); sections 8510.4,
            8520 of Title 75 (Vehicles).
Cross References.
Subchapter B is referred to in section 105 of this title; section 14408 of Title 11
            (Cities); section 6114 of Title 18 (Crimes and Offenses); section 933 of Title 42
            (Judiciary and Judicial Procedure); sections 6131, 8432, 8861 of Title 53 (Municipalities
            Generally).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 2 - ADMINISTRATIVE LAW AND PROCEDURE › Chapter 7 - Judicial Review › Section 701 - Scope of subchapter

§ 701. Scope of subchapter.
(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).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 2 - ADMINISTRATIVE LAW AND PROCEDURE › Chapter 7 - Judicial Review › Section 702 - Appeals

§ 702. Appeals.
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).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 2 - ADMINISTRATIVE LAW AND PROCEDURE › Chapter 7 - Judicial Review › Section 703 - Scope of review

§ 703. Scope of review.
(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).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 2 - ADMINISTRATIVE LAW AND PROCEDURE › Chapter 7 - Judicial Review › Section 704 - Disposition of appeal

§ 704. Disposition of appeal.
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).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 2 - ADMINISTRATIVE LAW AND PROCEDURE › Chapter 7 - Judicial Review › Section 751 - Scope of subchapter

§ 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 2 - ADMINISTRATIVE LAW AND PROCEDURE › Chapter 7 - Judicial Review › Section 752 - Appeals

§ 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).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 2 - ADMINISTRATIVE LAW AND PROCEDURE › Chapter 7 - Judicial Review › Section 753 - Scope of review

§ 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).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 2 - ADMINISTRATIVE LAW AND PROCEDURE › Chapter 7 - Judicial Review › Section 754 - Disposition of appeal

§ 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. § 706 (relating to disposition of appeals).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 1 - Preliminary Provisions › Section 102 - Definitions

§ 102. Definitions.
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 the meanings given to them in this section unless the context clearly indicates otherwise:
"Department."
The Department of Agriculture of the Commonwealth.
"Secretary."
The Secretary of Agriculture of the Commonwealth.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 3 - Local Regulation › Extra - Chapter Notes

Enactment.
Chapter 3 was added July 6, 2005, P.L.112, No.38, effective immediately.
Cross References.
Chapter 3 is referred to in section 13F33 of Title 4 (Amusements).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 3 - Local Regulation › Section 312 - Definitions

§ 312. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Local government unit."
A political subdivision of the Commonwealth.
"Normal agricultural operation."
As defined under section 2 of the act of June 10, 1982 (P.L.454, No.133), entitled "An act protecting agricultural operations from nuisance suits and ordinances under certain circumstances."
"Unauthorized local ordinance."
An ordinance enacted or enforced by a local government unit which does any of the following:
(1) Prohibits or limits a normal agricultural operation unless the local government unit:
(i) has expressed or implied authority under State law to adopt the ordinance; and
(ii) is not prohibited or preempted under State law from adopting the ordinance.
(2) Restricts or limits the ownership structure of a normal agricultural operation.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 3 - Local Regulation › Section 313 - Certain local government unit actions prohibited

§ 313. Certain local government unit actions prohibited.
(a) Adoption and enforcement of unauthorized local ordinances.--
A local government unit shall not adopt nor enforce an unauthorized local ordinance.
(b) Existing local ordinances.--
This chapter shall apply to the enforcement of local ordinances existing on the effective date of this section and to the enactment or enforcement of local ordinances enacted on or after the effective date of this section.
(c) Construction.--
Notwithstanding the provisions of this section, nothing in this chapter shall be construed to diminish, expand or otherwise affect the legislative or regulatory authority of local government units under State law, including the following:
(1) Chapter 5 (relating to nutrient management and odor management).
(2) The regulation, control or permitting procedures for the land application of class A or B biosolids.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 3 - Local Regulation › Section 314 - Duties of Attorney General

§ 314. Duties of Attorney General.
(a) Request for review.--
An owner or operator of a normal agricultural operation may request the Attorney General to review a local ordinance believed to be an unauthorized local ordinance and to consider whether to bring legal action under section 315(a) (relating to right of action).
(b) Discretion.--
The Attorney General has the discretion whether to bring an action under section 315(a).
(c) Response.--
Within 120 days after receiving a request under subsection (a), the Attorney General shall advise the person that made the request whether or not the Attorney General will bring legal action under section 315(a). If the request under subsection (a) is in writing, the response shall be in writing.
(d) Consultation.--
The secretary and the dean of the College of Agricultural Sciences at The Pennsylvania State University shall, upon request of the Attorney General, provide expert consultation regarding the nature of normal agricultural operations in this Commonwealth.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 3 - Local Regulation › Section 315 - Right of action

§ 315. Right of action.
(a) Attorney General action.--
The Attorney General may bring an action against the local government unit in Commonwealth Court to invalidate the unauthorized local ordinance or enjoin the enforcement of the unauthorized local ordinance.
(b) Other party action.--
Notwithstanding any provision of 42 Pa.C.S. Ch. 85 Subch. C (relating to actions against local parties), any person who is aggrieved by the enactment or enforcement of an unauthorized local ordinance may bring an action against the local government unit in Commonwealth Court to invalidate the unauthorized local ordinance or enjoin the enforcement of the unauthorized local ordinance.
Cross References.
Section 315 is referred to in sections 314, 316, 317 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 3 - Local Regulation › Section 316 - Commonwealth Court masters

§ 316. Commonwealth Court masters.
(a) General rule.--
The Commonwealth Court may promulgate rules for the selection and appointment of masters on a full-time or part-time basis for actions brought under section 315 (relating to right of action). A master shall be a member of the bar of this Commonwealth. The number and compensation of masters shall be fixed by the Commonwealth Court and their compensation shall be paid by the Commonwealth.
(b) Hearings before masters.--
The Commonwealth Court may direct that hearings in actions brought under section 315 be conducted in the first instance by the master in the manner provided for in this subchapter.
(c) Recommendations of masters.--
Upon the conclusion of a hearing before a master, the master shall transmit written findings and a recommendation for disposition to the president judge. Prompt written notice and copies of the findings and recommendations shall be given to the parties to the proceeding.
(d) Rehearing before president judge.--
The findings and recommendations of the master shall become the findings and order of the Commonwealth Court upon written confirmation by the president judge. A rehearing may be ordered by the president judge at any time upon cause shown.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 3 - Local Regulation › Section 317 - Attorney fees and costs

§ 317. Attorney fees and costs.
In an action brought under section 315(b) (relating to right of action), the court may do any of the following:
(1) If the court determines that the local government unit enacted or enforced an unauthorized local ordinance with negligent disregard of the limitation of authority established under State law, it may order the local government unit to pay the plaintiff reasonable attorney fees and other litigation costs incurred by the plaintiff in connection with the action.
(2) If the court determines that the action brought by the plaintiff was frivolous or was brought without substantial justification in claiming that the local ordinance in question was unauthorized, it may order the plaintiff to pay the local government unit reasonable attorney fees and other litigation costs incurred by the local government unit in defending the action.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 3 - Local Regulation › Section 318 - Reports to General Assembly

§ 318. Reports to General Assembly.
The Attorney General shall provide to the chairman and the minority chairman of the Senate Committee on Agricultural and Rural Affairs and the chairman and minority chairman of the Agricultural and Rural Affairs Committee of the House of Representatives an annual report to include the following:
(1) Information on how many reviews were requested, the nature of the complaints and the location of the ordinances cited.
(2) Information on how many reviews were conducted.
(3) Information on how many legal actions were brought by the Attorney General.
(4) Information on the outcome of legal actions brought by the Attorney General.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 5 - Nutrient Management and Odor Management › Extra - Chapter Notes

Enactment.
Chapter 5 was added July 6, 2005, P.L.112, No.38, effective immediately, unless otherwise
            noted.
Cross References.
Chapter 5 is referred to in sections 313, 603, 604, 6801 of this title; section 1202
            of Title 8 (Boroughs and Incorporated Towns).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 5 - Nutrient Management and Odor Management › Section 502 - Declaration of legislative purpose

§ 502. Declaration of legislative purpose.
The purposes of this chapter are as follows:
(1) To establish criteria, nutrient management planning requirements and an implementation schedule for the application of nutrient management measures on certain agricultural operations which generate or utilize animal manure.
(2) To provide for the development of an educational program by the State Conservation Commission in conjunction with the Cooperative Extension Service of The Pennsylvania State University, the department and conservation districts to provide outreach to the agricultural community on the proper utilization and management of nutrients on farms to prevent the pollution of surface water and groundwater.
(3) To require the State Conservation Commission, in conjunction with the Cooperative Extension Service of The Pennsylvania State University, the Department of Environmental Protection, the department and the Nutrient Management Advisory Board to develop and provide technical and financial assistance for nutrient management and alternative uses of animal manure, including a manure marketing and distribution program.
(4) To require the Department of Environmental Protection to assess the extent of nonpoint source pollution from other nutrient sources, determine the adequacy of existing authority and programs to manage those sources and make recommendations to provide for the abatement of that pollution.
(5) To require the State Conservation Commission, in conjunction with the Nutrient Management Advisory Board, to develop and administer a regulatory program requiring odor management plans addressing new and expanded animal housing facilities and manure management facilities at concentrated animal operations and concentrated animal feeding operations after July 19, 1993, and to encourage the voluntary implementation of odor management plans for other agricultural operations.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 5 - Nutrient Management and Odor Management › Section 505 - Powers and duties of Department of Environmental Protection

§ 505. Powers and duties of Department of Environmental Protection.
The Department of Environmental Protection shall have the following powers and duties:
(1) Before July 19, 1994, to make an assessment of and report to the Environmental Quality Board and the General Assembly on the extent to which malfunctioning on-lot sewage systems contribute to the pollution of waters of this Commonwealth and to identify what regulatory or legislative initiatives, if any, the Department of Environmental Protection deems necessary to abate that pollution.
(2) Before July 19, 1994, to make an assessment of and report to the Environmental Quality Board and the General Assembly on the extent to which improper water well construction contributes to groundwater pollution due to the intrusion of nutrients from the surface and to identify what regulatory or legislative initiatives, if any, the Department of Environmental Protection deems necessary to abate that pollution.
(3) Before July 19, 1995, to make an assessment of and report to the Environmental Quality Board and the General Assembly on the extent to which the application of chemical fertilizers and other plant nutrients for nonagricultural purposes contributes to the pollution of the waters of this Commonwealth and to identify what regulatory or legislative initiatives, if any, the Department of Environmental Protection deems necessary to abate that pollution.
(4) Before July 19, 1995, to make an assessment of and report to the Environmental Quality Board and the General Assembly on the extent to which nutrients from storm water runoff contribute to the pollution of waters of this Commonwealth and to identify what regulatory or legislative initiatives, if any, the Department of Environmental Protection deems necessary to abate that pollution.
(5) Before July 19, 1995, to make an assessment of and report to the Environmental Quality Board and the General Assembly on the extent to which atmospheric deposition of nutrients contribute to the pollution of the waters of this Commonwealth and to identify what regulatory or legislative initiatives, if any, the Department of Environmental Protection deems necessary to abate that pollution.
(6) To include, in the assessments in paragraphs (1) through (5), recommendations to the General Assembly for budgetary and legislative initiatives where program resources or statutory authority is not adequate to address pollution sources identified in those assessments.
(7) To provide technical and administrative assistance to the commission in carrying out its responsibilities under this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 5 - Nutrient Management and Odor Management › Section 507 - Manure application setbacks and buffers

§ 507. Manure application setbacks and buffers.
(a) General rule.--
Unless the commission establishes a stricter requirement by regulation, no concentrated animal operation or other agricultural operation receiving manure from a concentrated animal operation directly or indirectly through a broker or other person may mechanically land apply manure within 100 feet of surface water unless a vegetated buffer no less than 35 feet in width and meeting standards established by the Natural Resources Conservation Service is used to prevent manure runoff into the surface water.
(b) Definition.--
As used in this section, the term "surface water" means a perennial or intermittent stream with a defined bed and bank, a lake or a pond.
Effective Date.
Section 5(1) of Act 38 provided that section 507 shall take effect in 180 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 5 - Nutrient Management and Odor Management › Section 508 - Nutrient management certification program and odor management certification program

§ 508. Nutrient management certification program and odor management certification program.
(a) Requirement.--
The department shall establish, in consultation with the commission, a nutrient management certification program for the purpose of certifying individuals who have demonstrated the competency necessary to develop nutrient management plans and an odor management certification program for the purpose of certifying individuals who have demonstrated the competency necessary to develop odor management plans. The department or its designee shall develop such written testing procedures, educational requirements and examinations as it deems appropriate to carry out its responsibilities under this section. The department shall by regulation establish such fees and terms and conditions of certification as it deems appropriate. The department shall establish individual, commercial and public certification categories, including a certification category for farmers to develop and certify nutrient management plans and odor management plans for their own agricultural operations.
(b) Interim nutrient management certification program.--
Until the department develops and implements a nutrient management certification program, persons having the following qualifications shall, upon request, receive interim certification from the department.
(1) the person has at least two years' experience in the development of nutrient management plans;
(2) the person is approved to develop nutrient management plans approved under the Chesapeake Bay Nonpoint Source Pollution Abatement Program, the United States Department of Agriculture's Water Quality Improvement Projects Program or other programs requiring submission and approval of a nutrient management plan, including sludge disposal under the act of July 7, 1980 (P.L.380, No.97), known as the Solid Waste Management Act; or
(3) the person is a farmer who has been provided training and assistance in developing and implementing nutrient management plans.
(c) Nutrient management specialist.--
A person shall not certify a nutrient management plan or plan amendment unless that person has first satisfied the requirements of this section.
(d) Odor management specialist.--
A person shall not certify an odor management plan or plan amendment unless that person has first satisfied the applicable requirements of this section.
Cross References.
Section 508 is referred to in sections 503, 506, 509 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 5 - Nutrient Management and Odor Management › Section 511 - Financial assistance

§ 511. Financial assistance.
(a) Loans, grants, etc.--
The commission shall, to the extent funds are available, provide financial assistance in the form of loans, loan guarantees and grants for the implementation of nutrient management plans and of odor management plans for existing agricultural operations.
(b) Criteria for eligibility.--
In reviewing applications for financial assistance, the commission shall consider the following:
(1) Whether the project will improve the health, safety or environment of the people of this Commonwealth and otherwise satisfy the purposes of this chapter.
(2) The cost-effectiveness of the proposed practices in comparison with other alternatives.
(3) The applicant's ability to operate or maintain the practices in a proper manner.
(c) Issuance and terms.--
Subject to this section, the commission shall issue loans and set terms applicable thereto in any manner it deems appropriate. The commission may consider such factors as it deems relevant, including current market interest rates, the financial ability of the applicant to repay and the necessity to maintain the funds created hereunder in a financially sound manner. Loans may be based on the ability to repay from future revenue to be derived from the applicant's agricultural operation, by a mortgage or other security interest or by any other fiscal manner which the commission deems appropriate. The board shall have the power to defer principal on loans for up to 12 months. The minimum rate of interest to be paid on any loan made pursuant to this section shall be 1%.
(d) Grants.--
Grants shall be made available as follows:
(1) Where funds have been made available to the commission, subject to any conditions that may have accompanied the receipt of such funds.
(2) Where the commission, in its sole discretion, determines that the financial condition of the recipient is such that repayment of a loan is unlikely and that the recipient will be financially distressed by the implementation of practices without a grant.
(e) Grants and loans.--
The commission shall, where it deems appropriate and to the extent financial circumstances permit, mix grant funds with loan funds.