Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part I - Department of Labor and Industry › Chapter 60 - UNIVERSAL ACCESSIBILITY STANDARDS › ADMINISTRATIVE › Section 60.12 - Private right of action

Current through Register Vol. 54, No. 28, July 13, 2024
A private right of action may be commenced by filing a
					 complaint with the Department, in accordance with section 3.2 of the act
					 (71
					 P. S. §
											1455.3b).
(1)
Citizen complaints.
An
				  individual, partnership, agency, association or corporation who reasonably
				  believes there is a violation of the act and this chapter by a governmental
				  agency or private owner may file a complaint with the Department. The complaint
				  shall be in writing, shall be verified and set forth the grounds for the
				  complaint. Within 60 days after receipt of the complaint, the Department will
				  respond to the complainant by acknowledging receipt of the complaint in
				  writing. The Department will investigate the complaint and respond to the
				  complainant in writing with its findings, determinations and enforcement
				  measures initiated or contemplated within 120 days after receipt of the
				  complaint. For the purpose of investigating a complaint, an employe of the
				  Department may inspect at reasonable times the building or building site which
				  is the subject of the complaint and may make any additional investigation
				  deemed necessary for the full and effective determination of compliance with
				  the act and this chapter.
(2)
Judicial review.
An individual, partnership, agency,
				  association or corporation aggrieved by a final determination of the Department
				  may file a petition for review within 30 days of the final determination in
				  Commonwealth Court under
				  42 Pa.C.S. §
											763(a) (relating to direct
				  appeals from government agencies). The decision of the Department will not be
				  reversed or modified unless it is found to be arbitrary, capricious, illegal or
				  not supported by substantial evidence.
(3)
Original action.
(i) An individual, partnership, agency,
				  association or corporation who filed a complaint under paragraph (1) and
				  received no written response from the Department acknowledging receipt of its
				  complaint within 60 days, or received a response from the Department indicating
				  that a violation was found but enforcement measures were not contemplated or
				  enforcement measures were contemplated but the measures were not initiated
				  after a period of 60 days from the response may either bring suit in
				  Commonwealth Court against the Department for failure to enforce the act and
				  this chapter or may bring a civil action in the appropriate court of common
				  pleas against the building owner or owner's agent for a violation of one or
				  more provisions of the act or this chapter.
(ii) If the court finds a violation of the
				  act or this chapter, the court may enjoin construction or remodeling of the
				  building, direct the correction of violations within a reasonable and specified
				  time period or order other relief deemed appropriate. The court, in issuing a
				  final order in an action brought under this section, may award costs of
				  litigation-including attorney and expert witness fees-to any party, when the
				  court determines the award is appropriate. The court may, if a temporary
				  restraining order or preliminary injunction is sought, require the filing of a
				  bond or equivalent security in accordance with 231 Pa. Code (relating to Rules
				  of Civil Procedure).
(iii) An
				  architect or licensed design professional who has complied with the act and
				  this chapter and prepared construction documents in accordance with accepted
				  professional standards shall have no further liability pursuant to litigation
				  commenced under this section.