Rule 3761. Enforcement Proceedings.

 (a)  Petition. When a government unit seeks to enforce an order issued under a statute which it administers, it may initiate the proceedings by filing a petition to enforce.

 (b)  Service. The petitioner shall serve the petition and order in the manner prescribed by the Pennsylvania Rules of Civil Procedure for service of original process and shall file the return or certificate of service prescribed by the same rules.

 (c)  Hearing and Notice. Upon the filing of a petition to enforce, the court will issue an order setting a date for a hearing and a date by which the respondent must answer the petition. The petitioner shall serve the court’s order upon the respondent in the manner prescribed by Rules 121 and 122.

 (d)  Relief. Following the hearing, the court will enter such orders as may be appropriate.

 (e)  Discovery. Discovery shall be allowed only upon leave of court.

   Official Note

   Rule 3761 (relating to enforcement proceedings) has been promulgated by the Commonwealth Court of Pennsylvania pursuant to authority granted to it by Pa.R.A.P. 104. The rule was made necessary by the opinion issued by the Supreme Court of Pennsylvania in Pennsylvania Human Relations Commission v. School District of Philadelphia, 732 A.2d 578 (Pa. 1999), in which the Court held that the ‘‘rules of appellate procedure, rather than the rules of civil procedure, govern enforcement proceedings in Commonwealth Court.

   Prior to the Supreme Court ruling in PHRC, Commonwealth Court had treated enforcement proceedings as matters resting within the Court’s original jurisdiction and thereby governed in part by the rules of Appellate Procedure and in part by the Rules of Civil Procedure. In PHRC, the Supreme Court made clear that enforcement proceedings are within Commonwealth Court’s appellate jurisdiction and that only the Rules of Appellate Procedure apply. The Supreme Court’s ruling left a void, however, because the Rules of Appellate Procedure did not prescribe specific procedures governing enforcement proceedings.

   Consistent with PHRC, therefore, Rule 3761 was adopted to establish a Rule of Appellate Procedure to codify the practice which the Commonwealth Court had theretofore followed in enforcement proceedings when those proceedings were regarded as matters within the Court’s original jurisdiction. This special rule governing Commonwealth Court practice adheres to the Supreme Court’s opinion in PHRC and should prove to be of benefit to both the bench and bar.

   The provisions of this Rule 3761 adopted January 28, 2002, effective January 28, 2002, 32 Pa.B. 876, reprinted at 34 Pa.B. 2688 (May 22, 2004).