Current through Register Vol. 54, No. 36, September 7, 2024
Rule 3761 - Enforcement Proceedings(a)Government Unit's Enforcement of its Own Orders.(1)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.(2)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.(3)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 Pa.R.A.P. 121 and 122.(4)Relief. Following the hearing, the Court will enter such orders as may be appropriate.(5)Discovery. Discovery shall be allowed only upon leave of court.(b)Enforcement of Final Determinations of the Office of Open Records.(1)Petition. When a party to a proceeding before the Office of Open Records seeks to enforce a final determination regarding a record requested from a Commonwealth Agency, Legislative Agency, or Judicial Agency, it may initiate proceedings in the Commonwealth Court by filing a petition to enforce.(2)Caption. The petition shall name as the petitioner the party seeking relief. The government unit alleged not to have complied with the final determination and all others who participated in the proceedings before the Office of Open Records shall be named as respondents.(3)Form. The petition shall be divided into consecutively numbered paragraphs. Each paragraph shall contain, as nearly as possible, a single allegation of fact or other statement.(4)Content. The petition shall state the basis for the jurisdiction of the Court, identify the parties, state the date that the final determination was entered, state the material facts giving rise to the need for judicial review, and include a short statement of the relief sought.(5)Final determination. A copy of the final determination sought to be enforced shall be attached to the petition as an exhibit.(6)Verification. The petition shall be verified.(7)Service. The petitioner shall serve the petition 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 those rules.(8)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(s) must answer the petition. The petitioner shall serve the Court's order upon the respondent in the manner prescribed by Pa.R.A.P. 121 and 122.(9)Discovery. Discovery shall be allowed only upon leave of court.(10)Relief. Following the hearing, the Court will enter such orders as may be appropriate.(c)Compliance with Public Access Policy. The petition shall include a certificate of compliance as required by Pa.R.A.P. 127.The provisions of this Rule 3761 adopted January 28, 2002, effective 1/28/2002, 32 Pa.B. 876, reprinted at 34 Pa.B. 2688 (May 22, 2004); amended May 14, 2013, 43 Pa.B. 3225; amended January 17, 2020, effective immediately, 50 Pa.B. 651; amended October 2, 2020, effective immediately, 50 Pa.B. 5731.