Home Table of Contents

§ 7315. Judicial review and enforcement

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and Safety

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 41. Worker and Community Right-to-Know Act (Refs & Annos)
35 P.S. § 7315
§ 7315. Judicial review and enforcement
(a) Appellate review.--Any person or persons aggrieved by a final determination of the department pursuant to sections 11 and 14 may file a petition for review within 30 days of said determination in the Commonwealth Court pursuant to 42 Pa.C.S. § 763(a) (relating to direct appeals from government agencies). The decision of the department shall not be reversed or modified unless said decision is found to be arbitrary, capricious, illegal or not supported by substantial evidence.
(b) Original action.--Any aggrieved person may bring a civil action in the appropriate court of common pleas on his own behalf against any employer or supplier for a violation of any provision of this act, except section 11,1 or any rule promulgated thereto, or may bring suit in the Commonwealth Court against the department for failure to enforce the provisions of this act or any rule promulgated pursuant thereto. Where the action involves the rights of more than one employee, any certified or recognized collective bargaining representative shall have standing to sue on behalf of said employees. The court may issue, whenever it deems appropriate, a preliminary, permanent or special injunction. Under no circumstances may this act be read to require, and under no circumstances may a court award, compensatory and liquidated damages, costs and expenses of litigation, including expert witness fees and reasonable attorney fees.

Credits

1984, Oct. 5, P.L. 734, No. 159, § 15, effective in 1 year.

Footnotes

35 P.S. § 7311.
35 P.S. § 7315, PA ST 35 P.S. § 7315
Current through the end of the 2023 Regular Session. Some statute sections may be more current, see credits for details.
End of Document