Erie Cnty. C.P. ErieCountyLocalRulesCivilProcedure Rule 311

(a) Unless a contrary procedure is provided for otherwise in Statute or general Rule of

Court, this Rule shall apply to all statutory appeals where this Court has jurisdiction

to review adjudications of School Districts, municipalities or State Administrative

Agencies or offices. This Rule shall have no applicability to State Administrative

Agencies or officers or proceedings under the Uniform Arbitration Act.

(b) In cases where the Court does not have the prerogative of receiving evidence in lieu

of or in supplement to the record made in the administrative proceedings, or in cases

where no motion for additional evidence was filed or granted pursuant to paragraph

(d) herein, the disposition of appeals shall be by requesting a judge assignment after

twenty (20) days of the docketing of the record from the administrative proceeding

or after the denial of the motion for additional evidence, whichever is later. In such

cases, all procedures otherwise applicable to the listing of cases for argument,

assignment to a Judge, briefs, etc., shall apply to appeals governed by this Rule.

(c) In cases where a party is entitled, as a matter of right, to have either a de novo

evidentiary hearing in this Court, or to supplement the record made in the

administrative proceedings, any party so entitled shall request, within twenty (20)

days of the docketing of the appeal, judicial assignment and submit an appropriate

motion to the assigned judge for hearing. Such a motion shall set forth with

particularity the basis on which the movant claims a right to submit further evidence

and shall contain a certificate that the motion has been served on all other parties.

(d) In cases where the Court may receive evidence for cause sho'Nn, or at the discretion

of the Court, any party wishing to request that the Court receive evidence, shall file

a request for judicial assignment with the trial court administrator and present an

appropriate motion to the assigned judge within twenty (20) days after the

docketing of the record of the administrative proceeding being reviewed. The

motion shall state with particularity the authority upon which movant relies and the

particular factors which they believe indicate that the receipt of further evidence is

justified. Where indicated by the circumstances, the follo'Ning factors may be

considered by the Court in acting upon such motions in addition to any otherwise

applicable standard governing the exercise of the Court's discretion:

(1) Whether movant was represented by counsel before the

administrative tribunal.

(2) Whether previously undisclosed or newly discovered evidence

exists which was not made available to the administrative tribunal

prior to its decision.

(3) The overall adequacy for the purpose of appellate review of the

record made before the administrative tribunal.

(4) The apparent regularity and fundamental fairness of the

administrative proceedings, as disclosed by the record.

(5) Such other factors as may be considered in the interest ofjustice.

No motion contemplated by this section shall be acted upon until all interested

parties have been given an opportunity to respond to the motion through argument.

If, after argument, the Court denies, in whole, a motion under this section, the case

shall proceed as provided in section (b) above.

In granting the relief requested in motions contemplated by this section, the Court

may, unless otherwise indicated by applicable statues, limit the evidence it will

receive to matters which are not cumulative of material already included in the

record made before the administrative tribunal, or impose other reasonable

restrictions upon the scope or nature ofthe evidence to be received. The Court may,

in its discretion, at the request of any party or on its own motion, require that any

party intending to offer evidence pursuant to this Rule file a pre-hearing narrative

statement fairly setting forth the nature of the evidence to be offered such that all

parties may have adequate notice of the facts at issue prior to hearing and the scope

and nature of the evidentiary proceeding.

(e) In cases in which evidence is received by the Court pursuant to this Rule, all parties

shall submit proposed findings offact to the Court, after the close ofthe evidentiary

proceedings, along with their respective briefs on the merits of the appeal in

accordance with a schedule fixed by the hearing Judge. The hearing Judge shall

retain the case and make the final disposition of the appeal, including the adoption

of findings of fact, where appropriate.

(f) No case shall be listed for argument and no motion shall be filed requesting that a

hearing be set until the record of the administrative tribunal is docketed with the

Prothonotary. It shall be the duty ofthe administrative agency involved to promptly

notify all parties of the filing of the record.

(g) Unless a different time is specified by statute, or Rule of Court, it shall be the duty

of the administrative agency involved to docket the record of the proceedings

before it with the Prothonotary no later than thirty (30) days from service of the

notice of appeal upon the tribunal or agency. The record shall, in all cases, contain

at least a brief adjudication setting forth the findings and conclusions of the

administrative tribunal.

(h) In the event that any administrative tribunal fails to comply with the provisions of

this Rule, or of any statute, relating to the time within which to transmit its record

to this Court, any party may, by motion, apply for an order compelling the

transmittal of a complete record.

(i) Unless otherwise required by statute, the order ofa single Judge ofthis Court which

is dispositive of the merits of the appeal shall constitute a final order of this Court

in all matters subject to this Rule. Neither the filing of exceptions nor en bane

proceedings shall be required or permitted.