Friday, April 15, 2011

admin. law - petition for review - specificity - Deal

http://pabulletin.com/secure/data/vol41/41-16/646.html


THE COURTS



Title 210—APPELLATE PROCEDURE



PART I. RULES OF APPELLATE PROCEDURE



210 PA. CODE CH. 15 



Amendment of Explanatory Comment to Rule 1513 of the Rules of Appellate Procedure; No. 210 Appellate Procedural Rules Doc.



41 Pa.B. 1999 - Saturday, April 16, 2011



Order


Per Curiam


And Now, this 31st day of March, 2011, upon the recommendation of the Appellate Court Procedural Rules Committee; the proposal having been submitted without publication pursuant to Pa.R.J.A. No. 103(a)(3) in the interests of justice and efficient administration:


It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that the Explanatory Comment to Rule 1513 of the Pennsylvania Rules of Appellate Procedure is amended in the following form.


 This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective in thirty days.



Annex A



TITLE 210. APPELLATE PROCEDURE



PART I. RULES OF APPELLATE PROCEDURE



ARTICLE II. APPELLATE PROCEDURE



CHAPTER 15. JUDICIAL REVIEW OF GOVERNMENTAL DETERMINATIONS



PETITION FOR REVIEW


Rule 1513. Petition for Review.



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Explanatory Comment—2011


With respect to the general statement of objections in an appellate jurisdiction petition for review required in subdivision (d)(5), see Maher v. Unemployment Comp. Bd. of Review, 983 A.2d 1264, 1266 (Pa. Cmwlth. 2009).


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Here is a link to Maher http://www.pacourts.us/OpPosting/Cwealth/out/1843CD08_10-27-09.pdf


The Court in Maher affirms the decisions in Deal v. Unemployment Compensation Board of Review, 878 A.2d 131 (Pa. Cmwlth. 2005) and Patla v. UCBR, 962 A.2d 724 (Pa. Cmwlth. 2008), that the Petition for Review must do more than re-state the statutory language about appeals. It must articulate some specific challenge to the UCBR decision.


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