2 Pa. Cons. Stat. § 704
Disposition of appeal: the cases that interpreted this section
1,390 citing cases reviewed of 1,406 in the citation index: 588 interpreted the section (annotated below), 802 cited it only in passing. Cases filed after 2026-06-24 may not have been reviewed yet.
Have a situation under 2 Pa. Cons. Stat. § 704?
These notes show how courts have ruled. Ask about your specific facts and see which of these rulings apply, with citations you can check.
Scope and standard of review
Section 704 limits review of an agency decision to errors of law, constitutional violations, and whether substantial evidence supports the findings of fact.
PMA Reinsurance Corp. v. Commonwealth · filed 1989-05-17
Initially, we note that our scope of review is limited to whether an error of law was committed, constitutional rights were violated, or whether substantial evidence supports the findings of facts.Read the full opinion on CourtListener →
Section 704 limits review of an agency decision to constitutional violations, errors of law, and whether necessary findings of fact are supported by substantial competent evidence.
Apple v. UNEMP. COMP. BD. OF REVIEW · filed 1989-05-18
Our scope of review is limited to a determination of whether constitutional rights have been violated, an error of law committed or whether necessary findings of fact are supported by substantial competent evidence.Read the full opinion on CourtListener →
Section 704 limits review of an unemployment compensation decision to constitutional violations, errors of law, and whether necessary findings of fact are supported by substantial evidence.
Uniontown Newspapers, Inc. v. Commonwealth · filed 1989-05-19
Our scope of review in an unemployment case is limited to determining whether constitutional rights were violated, an error of law was committed or the necessary findings of fact are supported by substantial evidence.Read the full opinion on CourtListener →
Section 704 limits review of an agency adjudication to constitutional violations, errors of law, and whether necessary factual findings are supported by substantial evidence.
Northwestern Lehigh School District v. Agricultural Lands Condemnation Approval Board · filed 1989-05-30
Our scope of review is limited to a determination of whether constitutional rights were violated, an error of law was committed or whether necessary findings of fact are supported by substantial evidence.Read the full opinion on CourtListener →
Section 704 limits review of a board decision to constitutional violations, errors of law, and whether necessary factual findings are supported by substantial evidence.
Taylor v. Commonwealth · filed 1989-05-31
Our scope of review is limited to a determination of whether the Board violated constitutional rights, committed an error of law, or whether necessary findings of fact are supported by substantial evidence.Read the full opinion on CourtListener →
Section 704 limits review of an agency adjudication to constitutional violations, legal errors, and whether necessary findings are supported by substantial evidence.
Erie Independence House, Inc. v. Commonwealth · filed 1989-06-05
Our scope of review is limited to a determination of whether constitutional rights have been violated, an error of law was committed or whether necessary findings of fact are supported by substantial competent evidence. ... We believe the Board’s conclusion that Claimant was EIH’s employee is not supported by substantial evidence since EIH did not have control over the details of the work or the “method of performance” of Claimant’s work.Read the full opinion on CourtListener →
Section 704 requires a court to affirm an agency adjudication unless necessary findings lack substantial evidence, an error of law occurred, or constitutional rights were violated.
Henderson v. Office of the Budget · filed 1989-06-15
This Court’s limited scope of review requires us to affirm the State Civil Service Commission's adjudication unless necessary findings are unsupported by substantial evidence, an error of law was committed, or the petitioner's constitutional rights were violated.Read the full opinion on CourtListener →
Section 704 requires a reviewing court to determine whether an agency’s necessary factual findings are supported by substantial, competent evidence.
Cannizzaro v. Commonwealth · filed 1989-10-06
In accordance with Section 704 of the Administrative Agency Law, 2 Pa.C.S. § 704, our scope of review is thus limited to a determination of, inter alia, whether necessary findings of fact are supported by substantial, competent evidence.Read the full opinion on CourtListener →
Law changed since Leon E. Wintermyer (Pa. Dec. 10, 2002) held that capricious-disregard review under § 704 is available whenever properly raised, regardless of which party presented evidence below.
Section 704 calls for review of constitutional violations, errors of law, and whether necessary factual findings are supported by substantial competent evidence; capricious disregard review does not apply when both parties present evidence.
Phil. Elec. v. Unemp. Comp. Bd. of Rev. · filed 1989-11-13
We note at the outset that the "capricious disregard" standard is not applicable here, where both parties have presented evidence. Rather, our scope of review is to determine whether constitutional rights have been violated, whether the Board has committed an error of law, or whether necessary findings of fact are supported by substantial competent evidence.Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 704 calls for review of constitutional violations, errors of law, and whether necessary findings are supported by substantial competent evidence; the capricious disregard standard does not apply when both parties present evidence.
Philadelphia Electric Co. v. Commonwealth · filed 1989-11-13
We note at the outset that the "capricious disregard" standard is not applicable here, where both parties have presented evidence. Rather, our scope of review is to determine whether constitutional rights have been violated, whether the Board has committed an error of law, or whether necessary findings of fact are supported by substantial competent evidence.Read the full opinion on CourtListener →
Section 704 directs a court to affirm an agency decision unless constitutional rights were violated, an error of law occurred, or necessary factual findings lack substantial evidence.
Lincoln Intermediate Unit No. 12 v. Commonwealth · filed 1990-02-23
We must also remember Section 704 of the Administrative Agency Law, which states that a court should affirm the agency’s decision unless there is a violation of constitutional rights, an error of law or necessary factual findings which are not supported by substantial evidence.Read the full opinion on CourtListener →
Section 704 limits review of an agency decision to whether its findings have substantial evidence, it committed an error of law, or it violated constitutional rights.
Fiore, Inc. v. Dept. of Labor and Ind. · filed 1990-03-14
Our scope of review is limited to a determination of whether there is substantial evidence to support the Board's findings, whether an error of law was committed or whether any constitutional rights were violated.Read the full opinion on CourtListener →
Section 704 requires a court reviewing an agency adjudication to affirm unless the decision violates constitutional rights, is contrary to law, involves a procedural violation, or lacks substantial evidence for a necessary finding.
Hoffman v. UNEMP. COMP. BD. OF REVIEW · filed 1990-04-27
The scope of review in an appeal from an adjudication of the Unemployment Compensation Board of Review is that we must affirm unless the adjudication violates the constitutional rights of the appellant, or is contrary to law, or that the Board’s procedure was violated, or a finding of fact necessary to the decision is not supported by substantial evidence. ... Our review therefore will focus upon whether the decision denying appellant benefits is founded upon an error of law.Read the full opinion on CourtListener →
Section 704 limits review of a commission order to constitutional violations, errors of law, and findings unsupported by substantial evidence.
Barasch v. Pennsylvania Public Utility Commission · filed 1990-05-30
The scope of review in this matter is limited to determining whether or not the Commission violated any constitutional rights, committed an error of law, or made findings which are not supported by substantial evidence.Read the full opinion on CourtListener →
Section 704 limits review of an agency adjudication to constitutional violations, legal errors, and whether substantial evidence supports the agency’s findings.
Popple v. Commonwealth · filed 1990-06-05
Our scope of review in an appeal from an administrative agency"s adjudication is limited to determining whether any constitutional rights were violated, and errors of law were committed, or whether substantial evidence supports the agency’s findings.Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 704 permits review for legal error or capricious disregard of competent evidence when the party bearing the burden is the only party to present evidence and loses before the agency.
Whitehall-Coplay Ambulance & Rescue Corps v. Commonwealth · filed 1990-06-14
The general scope of review for administrative agency determinations is set forth in Section 704 of the Administrative Agency Law, 2 Pa.C.S. § 704, which provides in relevant part that: ... we will only determine if the agency erred as a ... matter of law or capriciously disregarded competent evidence. ... Accordingly, we conclude that the scope of review set forth in Russell is applicable to the case presently before us.Read the full opinion on CourtListener →
Section 704 limits review of PUC adjudications to constitutional violations, errors of law, and findings unsupported by substantial evidence.
Armco Advanced Materials Corp. v. Pennsylvania Public Utility Commission · filed 1990-07-17
Our scope of review of PUC adjudications is limited to determining whether constitutional rights were violated, an error of law committed or a finding of fact was not supported by substantial evidence.Read the full opinion on CourtListener →
Section 704 limits review of an agency adjudication to constitutional violations, errors of law, and findings unsupported by substantial evidence.
Foose v. BD. OF VEHICLE MFRS. · filed 1990-08-08
Our scope of review is limited to determining whether constitutional rights were violated, an error of law was committed or whether necessary findings of fact were unsupported by substantial evidence.Read the full opinion on CourtListener →
Section 704 limits review of a Board recommitment order to whether the adjudication has substantial evidence, accords with law, and observes the petitioner’s constitutional rights.
Davis v. Pennsylvania Board of Probation & Parole · filed 1990-09-11
This Court’s scope of review of a Board recommitment order is limited to a determination of whether the Board’s adjudication is supported by substantial evidence, is in accordance with the law, and is observant of the Petitioner’s constitutional rights.Read the full opinion on CourtListener →
Section 704 limits appellate review of the Board’s decision to substantial evidence, errors of law, and constitutional violations.
1 Cochran, Inc. v. Unemployment Compensation Board of Review · filed 1990-09-21
Our scope of review is limited to a determination of whether there is substantial evidence to support the Board’s findings, whether an error of law was committed or whether any constitutional rights were violated. 2 Pa.C.S. § 704; Estate of McGovern v. State Employees’ Retirement Board, 512 Pa. 377, 517 A.2d 523 (1986).Read the full opinion on CourtListener →
Section 704 limits review of DPW adjudications to whether they comply with law, their findings have substantial evidence, and constitutional rights were respected.
Bemowski v. COM., DEPT. OF PUB. WELFARE · filed 1990-11-08
This Court’s scope of review is limited to a determination of whether the adjudication by DPW is in accordance with the law, the findings of fact are supported by substantial evidence, and no constitutional rights have been violated.Read the full opinion on CourtListener →
Section 704 limits review of a PUC order to constitutional violations, errors of law, and whether necessary findings are supported by substantial evidence.
O'Connor v. Pennsylvania Public Utility Commission · filed 1990-11-09
Our scope of review of an order of the PUC is limited to a determination of whether the PUC violated constitutional rights or committed an error of law or whether its necessary findings were not supported by substantial evidence in the record.Read the full opinion on CourtListener →
Section 704 permits a reviewing court to set aside an agency order that is not in accordance with law, including one made in bad faith or through fraudulent or capricious action; the court may not substitute its own view of a reasonable penalty.
Slawek v. BD. OF MED. ED. & LICENSURE · filed 1991-01-29
For that reason, we believe that the proper review of the agency’s action, assuming that it is not defective under the self-explanatory requirements of the Administrative Agency Law, is not whether its order was reasonable, but whether it was made in “accordance with law” (i.e., whether it was made in bad faith, and whether it was fraudulent or capricious).Read the full opinion on CourtListener →
Section 704 requires a court to affirm an agency adjudication unless its findings lack substantial evidence or the decision violates constitutional rights, conflicts with law, or has a procedural defect.
Campbell v. Department of Transportation · filed 1991-01-29
Pursuant to Section 704 of the Administrative Agency Law, 2 Pa. C.S. § 704, we must affirm the Commission's adjudication unless the Commission’s findings of fact are not supported by substantial evidence or the decision violates Campbell’s constitutional rights, is not in accordance with law or is procedurally defective.Read the full opinion on CourtListener →
Section 704 limits Commonwealth Court review of an agency adjudication to constitutional violations, errors of law, and findings unsupported by substantial evidence.
Chester Extended Care Center v. Commonwealth · filed 1991-02-07
Commonwealth Court’s standard of review in an appeal from a decision of an administrative agency is limited to determining whether the agency’s adjudication is in violation of the constitutional rights of the appellant, an error of law has been made by the agency, or the agency’s findings of fact are not supported by substantial evidence.Read the full opinion on CourtListener →
Section 704 limits review of a statewide agency adjudication to constitutional violations, errors of law, and whether the findings are supported by substantial evidence.
City of Philadelphia v. Pennsylvania Labor Relations Board · filed 1991-02-20
This Court’s scope of review of an adjudication of a statewide administrative agency is limited to determining whether there has been a constitutional violation or an error of law, and whether the findings are supported by substantial evidence on the record. Section 704 of the Administrative Agency Law, 2 Pa.C.S. § 704; Harbaugh v. Pennsylvania Labor Relations Board, 107 Pa.Commonwealth Ct. 406, 528 A.2d 1024 (1987).Read the full opinion on CourtListener →
Section 704 limits review of an agency adjudication to questions of law, constitutional rights, and whether the necessary factual findings have substantial evidence in the record.
A.Y. v. Department of Public Welfare, Allegheny County Children & Youth Services · filed 1991-03-26
This court's scope of review of a decision of the Office of Hearings and Appeals of DPW is limited to determining whether DPW's adjudication comports with the applicable law or violates constitutional rights or whether the necessary findings of fact are supported by substantial evidence in the record. Section 704 of the Administrative Agency Law, 2 Pa.C.S. § 704; Lehigh County Office of Children and Youth Services v. Department of Public Welfare, 121 Pa.Commonwealth Ct. 74, 79-80, 550 A.2d 269, 271 (1988).Read the full opinion on CourtListener →
Section 704 limits review of an agency decision to constitutional violations, legal errors, and findings unsupported by substantial evidence when both parties presented evidence.
Lautek Corp. v. Unemployment Compensation Board of Review · filed 1991-03-26
Where, as here, the party bearing the burden of proof does not prevail before the Board, but evidence, however limited, was presented by both parties, our scope of review is limited to a determination of whether constitutional rights have been violated, an error of law exists, or whether any finding of fact made by the agency and necessary to support its adjudication is not supported by substantial evidence.Read the full opinion on CourtListener →
Section 704 limits review of a Board decision to substantial evidence, errors of law, and constitutional violations.
Department of Transportation v. IA Construction Corp. · filed 1991-03-28
On appeal from a Board decision, our scope of review is limited to determining whether the necessary findings of fact were supported by substantial evidence, whether an error of law was committed or whether constitutional rights were violated. 2 Pa.C.S. § 704; Department of Transportation v. Burrell Construction and Supply Co., 111 Pa.Commonwealth Ct. 590, 534 A.2d 585 (1987).Read the full opinion on CourtListener →
Section 704 requires affirmance of an agency adjudication unless constitutional rights or procedural rules are violated, the agency commits an error of law, or necessary findings lack substantial evidence.
Delker v. Pennsylvania State Harness Racing Commission · filed 1991-05-06
In so doing, we are mindful that an adjudication of the Commission must be affirmed unless constitutional rights are violated, an error of law is committed, procedural rules are violated, or necessary findings of fact are not supported by substantial evidence.Read the full opinion on CourtListener →
Section 704 limits review of Commonwealth agency adjudications to constitutional violations, errors of law, and whether necessary factual findings are supported by substantial competent evidence.
American Federation of State, County & Municipal Employees v. Pennsylvania Labor Relations Board · filed 1991-06-05
Our scope of review from an adjudication of a Commonwealth agency is limited to a determination of whether constitutional rights have been violated, an error of law has been committed and whether factual findings necessary to support the adjudication are supported by substantial competent evidence.Read the full opinion on CourtListener →
Section 704 limits review of an agency decision to constitutional violations, errors of law, and whether necessary findings of fact are supported by substantial evidence.
Bishop Leonard Regional Catholic School v. Unemployment Compensation Board of Review · filed 1991-06-12
Our scope of review is limited to determining whether there has been a constitutional violation or an error of law and whether the necessary findings of fact are supported by substantial evidence.Read the full opinion on CourtListener →
Section 704 requires appellate review of an agency adjudication for legal error, substantial evidence, and violations of constitutional rights.
M.R.F. v. Department of Public Welfare · filed 1991-07-10
Our standard of review requires that we determine whether DPW’s adjudication is in accordance with the law, whether its findings of fact are supported by substantial evidence, and whether the appellant’s constitutional rights were violated.Read the full opinion on CourtListener →
Section 704 limits review of an agency adjudication to substantial evidence, accordance with the law, and constitutional rights.
Mercy-Douglass Center, Inc. v. Department of Public Welfare · filed 1992-01-03
This court’s scope of review is limited to determining whether the adjudication is supported by substantial evidence, is in accordance with the law, or whether any constitutional rights were violated.Read the full opinion on CourtListener →
Section 704 calls for substantial evidence review of an agency decision even when an insurer claims the decision is confiscatory.
Allstate Insurance v. Foster · filed 1992-03-13
Because we believe that the doctrine is in fact discredited, although not expressly overruled, we shall follow the substantial evidence scope of review which is dictated by Section 704 of the Administrative Agency Law, 2 Pa.C.S. § 704, and which was employed in Prudential.Read the full opinion on CourtListener →
Section 704 limits review of an agency adjudication to constitutional violations, errors of law, and necessary findings of fact unsupported by substantial evidence.
Burroughs v. Department of Public Welfare · filed 1992-03-23
Our scope of review in an appeal of an adjudication of DPW is limited to determining whether constitutional rights were violated, an error of law was committed, or necessary findings of fact are not supported by substantial evidence.Read the full opinion on CourtListener →
Section 704 limits review of an agency adjudication to constitutional violations, errors of law, and necessary factual findings unsupported by substantial evidence.
Penn Advertising, Inc. v. Department of Transportation · filed 1992-05-05
Our scope of review is limited to a determination of whether constitutional rights have been violated, an error of law exists, or whether any finding of fact made by PennDOT and necessary to support its adjudication is not supported by substantial evidence.Read the full opinion on CourtListener →
Section 704 limits review of an agency decision to constitutional violations, errors of law, and findings unsupported by substantial evidence.
Falcon Oil Co. v. Department of Environmental Resources · filed 1992-05-14
Our standard of review when examining a decision by the EHB is confined to an inquiry whether constitutional rights have been violated, an error of law has occurred, or necessary findings of fact are supported by substantial evidence. ... Pennsylvania Game Commission v. Department of Environmental Resources, 521 Pa. 121, 555 A.2d 812 (1989) (citing 2 Pa.C.S. § 704). Whether unique and compelling factual circumstances establishing a non-negligent failure to file a timely appeal have been shown is a legal conclusion to be drawn from the evidence presented and is reviewable by this Court.Read the full opinion on CourtListener →
Section 704 limits review of PUC decisions to constitutional violations, errors of law, and whether the PUC’s findings are supported by substantial evidence.
Allegheny Ludlum Corp. v. Pennsylvania Public Utility Commission · filed 1992-06-25
The scope of our review of a decision of the PUC is to determine whether constitutional rights have been violated or an error of law committed and whether the PUC’s findings are supported by substantial evidence in the record.Read the full opinion on CourtListener →
Section 704 limits review of a Commission decision to constitutional violations, errors of law, and whether necessary findings of fact are supported by substantial evidence.
Popowsky v. Pennsylvania Public Utility Commission · filed 1992-08-21
The scope of our review of a decision of the Commission is to determine whether there was a constitutional violation or an error of law and whether the necessary findings of fact are supported by substantial evidence in the record.Read the full opinion on CourtListener →
Section 704 limits review of a PUC decision to constitutional violations, errors of law, and findings unsupported by substantial evidence.
Columbia Gas of Pennsylvania, Inc. v. Pennsylvania Public Utility Commission · filed 1992-09-21
The scope of our review of a decision of the PUC is to determine whether constitutional rights have been violated or an error of law committed and whether the Commission’s findings are supported by substantial evidence of record.Read the full opinion on CourtListener →
Section 704 limits review of an agency expungement decision to constitutional violations, errors of law, and findings unsupported by substantial evidence.
Bucks County Children & Youth Social Services Agency v. Department of Public Welfare · filed 1992-10-06
Our scope of review in expungement proceedings is limited to determining whether the Department’s determination violates constitutional rights, is in accordance with the law or whether the findings of fact are supported by substantial evidence. Section 704 of the Administrative Agency Law, 2 Pa.C.S. § 704; Dauphin County Social Services.Read the full opinion on CourtListener →
Section 704 limits review of an agency decision to errors of law, constitutional violations, and whether the findings are supported by substantial evidence.
Corning Glass v. Unemployment Compensation Board of Review · filed 1992-10-08
Our scope of review is limited to whether the Board committed an error of law, violated constitutional rights, or whether the findings of fact are supported by substantial evidence.Read the full opinion on CourtListener →
Section 704 requires affirmance of a Commonwealth agency adjudication unless constitutional rights were violated, an error of law or procedural violation occurred, or necessary findings of fact lack substantial evidence.
Joyner v. Commonwealth · filed 1993-01-21
We will review these issues, keeping in mind that our standard of review is that found in 2 Pa.C.S. § 704, which provides that an adjudication made by a Commonwealth agency shall be affirmed unless there is a violation of constitutional rights, an error of law is committed, procedural rules are violated or necessary findings of fact are not supported by substantial evidence.Read the full opinion on CourtListener →
Section 704 limits review of an agency decision to substantial evidence, errors of law, and constitutional violations.
Rising v. Unemployment Compensation Board of Review · filed 1993-02-12
Our scope of review is to determine whether the findings of fact are supported by substantial evidence, whether an error of law has been committed; or whether the claimant’s constitutional rights have been violated.Read the full opinion on CourtListener →
Section 704 limits review of a DCA action under the Debt Act to constitutional violations, errors of law, and whether necessary factual findings have substantial evidence.
North Pocono Taxpayers Ass'n v. Commonwealth · filed 1993-06-01
In an appeal from a DCA action under the Debt Act, our standard of review is restricted to whether constitutional rights were violated, an error of law was committed, or whether necessary findings of fact are supported by substantial evidence.Read the full opinion on CourtListener →
Section 704 limits review of an agency decision to constitutional violations, legal error, and lack of substantial evidence.
Menoyo v. Bureau of Professional & Occupational Affairs · filed 1993-07-23
Pursuant to Section 704 of the Administrative Agency Law, 2 Pa.C.S. § 704, our scope of review is limited to a determination of whether constitutional rights were violated, and whether the decision is in accordance with law and supported by substantial evidence.Read the full opinion on CourtListener →
Section 704 limits review of an agency decision to whether the findings have substantial evidence, the agency committed legal error, or constitutional rights were violated.
Grace v. Unemployment Compensation Board of Review · filed 1993-08-25
Our scope of review here is limited to determining whether findings of fact are supported by substantial evidence, whether an error of law was committed or whether any constitutional rights have been violated.Read the full opinion on CourtListener →
Section 704 limits review of an agency adjudication to whether necessary findings have substantial evidence, whether the agency committed legal error, and whether constitutional rights were violated.
Blanco v. State Board of Private Licensed Schools · filed 1993-09-13
In reviewing Blanco’s allegations, we recognize that our scope of review from an agency adjudication is limited to determining whether necessary findings are supported by substantial evidence, an error of law was committed, or whether any constitutional rights have been violated.Read the full opinion on CourtListener →
Section 704 allows the Commonwealth Court to review whether an agency adjudication violates the Constitution, is contrary to law, or rests on findings unsupported by substantial evidence.
unempl.ins.rep. Cch 22,077 Harry T. Edmundson v. Borough of Kennett Square Robert F. Goddu Kenneth Roberts Herbert L. Waltz Albert J. McCarthy · filed 1993-09-23
In reviewing unemployment compensation decisions, the Commonwealth Court has the authority to determine whether the agency adjudication violates the Constitution, is contrary to law, or is based on a finding of fact that is not supported by substantial evidence. 2 Pa.Cons.Stat. § 704; see Hoffman v. Commonwealth, Unemployment Compensation Bd. of Review, 524 Pa. 470, 574 A.2d 57, 60 (1990).Read the full opinion on CourtListener →
Section 704 limits review of a DPW adjudication to whether it is supported by substantial evidence, accords with law, or violates constitutional rights.
Greensburg Nursing & Convalescent Center v. Pennsylvania Department of Public Welfare · filed 1993-10-29
This Court’s scope of review in a DPW determination is limited to determining whether the adjudication is supported by substantial evidence, is in accordance with the law, or whether any constitutional rights were violated.Read the full opinion on CourtListener →
Section 704 limits review of an agency decision to constitutional violations, legal error, and whether necessary findings are supported by substantial evidence.
Singer v. Bureau of Professional & Occupational Affairs · filed 1993-10-29
Our scope of review is limited to determining whether constitutional rights were violated, whether the decision is in accordance with the law and whether necessary findings of fact are supported by substantial evidence.Read the full opinion on CourtListener →
Section 704 limits review of an agency decision to constitutional violations, errors of law, and whether necessary factual findings have substantial evidence.
Oakmont Presbyterian Home v. Department of Public Welfare · filed 1993-11-09
Our scope of review is limited to a determination of whether constitutional rights have been violated, an error of law was committed, or whether necessary findings of fact are supported by substantial evidence.Read the full opinion on CourtListener →
Section 704 limits review of Civil Service Commission decisions, when both parties presented evidence, to constitutional violations, errors of law, and whether the findings are supported by substantial evidence.
Wanamaker v. Pennsylvania Liquor Control Board · filed 1992-06-19
Accordingly, our standard of review in the instant case, where both Wanamaker and the LCB presented evidence, is that required under Section 704 of the Administrative Agency Law, 2 Pa.C.S. § 704, and is limited to a determination of whether constitutional rights have been violated, whether an error of law has been committed and whether the Commission’s findings are supported by substantial evidence.Read the full opinion on CourtListener →
Section 704 limits review of a Commonwealth agency order to substantial evidence, legal error, compliance with Administrative Agency Law procedures, and constitutional violations.
Realmuto v. Department of Transportation · filed 1994-02-03
Our scope of review therefore is limited to determining whether the agency's findings are supported by substantial evidence, whether the agency committed an error of law, whether the procedural provisions of the Administrative Agency Law have been complied with, or whether any of Realmuto’s constitutional rights have been violated.Read the full opinion on CourtListener →
Section 704 limits review of a Commission decision to constitutional violations, errors of law, and whether necessary factual findings are supported by substantial evidence.
Valence v. Department of Public Welfare · filed 1994-04-14
The scope of our review of a Commission decision is to determine whether there was a constitutional violation or an error of law and whether necessary findings of fact are supported by substantial evidence in the record.Read the full opinion on CourtListener →
Section 704 limits review of an unemployment compensation appeal to constitutional violations, errors of law, and whether necessary findings are supported by substantial evidence.
D.K. Abbey Marketing, Inc. v. Unemployment Compensation Board of Review · filed 1994-06-22
Our scope of review in an unemployment compensation appeal is limited to a determination of whether constitutional rights were violated, whether an error of law was committed, or whether necessary findings of fact are supported by substantial evidence.Read the full opinion on CourtListener →
Section 704 limits review of a Commission order to constitutional violations, whether substantial evidence supports necessary findings of fact, and errors of law.
Robison v. Fish & Boat Commission · filed 1994-07-18
Our scope of review on appeal from an order of the Commission is limited to determining whether constitutional rights have been violated, whether substantial evidence supports necessary findings of fact or whether an error of law has been committed. Section 704 of the Administrative Agency Law, 2 Pa.C.S. § 704; Weichert AD & P, Inc. v. Department of Transportation, 158 Pa.Commonwealth Ct. 476, 631 A.2d 1106 (1993).Read the full opinion on CourtListener →
Section 704 limits review of Board decisions to constitutional violations, errors of law, and findings unsupported by substantial evidence.
Herzog v. Department of Environmental Resources · filed 1994-07-19
We begin by noting that our scope of review of Board decisions is limited by 2 Pa.C.S. § 704 to determining whether the Board committed constitutional violations, errors of law, or whether any necessary findings of fact made by the Board were unsupported by substantial evidence.Read the full opinion on CourtListener →
Section 704 limits judicial review of an agency decision to whether necessary findings have substantial evidence, the agency made a legal error, or the petitioner's constitutional rights were violated.
Victor v. Department of Labor & Industry · filed 1994-08-18
[1] Our scope of review is limited, by Section 704 of the Administrative Agency Law, 2 Pa.C.S. § 704, to determining whether the necessary findings of fact are supported by substantial evidence, whether the Department committed an error of law, or whether the petitioner's constitutional rights were violated.Read the full opinion on CourtListener →
Section 704 limits review of an agency decision to substantial evidence, errors of law, and constitutional violations.
Stevenson v. COM., DEPT. OF LABOR & IND. · filed 1994-09-14
Our scope of review is limited to a determination of whether the findings of fact are supported by substantial evidence, an error of law was committed, or whether constitutional rights have been violated.Read the full opinion on CourtListener →
Section 704 limits judicial review of an agency decision to whether its findings are supported by substantial evidence, it committed an error of law, or it violated constitutional rights.
Stevenson v. Commonwealth, Department of Labor & Industry · filed 1994-09-14
Our scope of review is limited to a determination of whether the findings of fact are supported by substantial evidence, an error of law was committed, or whether constitutional rights have been violated.Read the full opinion on CourtListener →
Section 704 limits review of agency appeals to whether findings are supported by substantial evidence, an error of law occurred, or constitutional rights were violated.
Manley v. Office of Vocational Rehabilitation · filed 1994-12-29
Our scope of review in appeals from administrative agencies is limited to a determination of whether the findings of fact are supported by substantial evidence, an error of law was committed, or constitutional rights have been violated.Read the full opinion on CourtListener →
Section 704 limits review of a parole board decision to substantial evidence, errors of law, and violations of the parolee’s constitutional rights.
Williams v. Pennsylvania Board of Probation & Parole · filed 1995-01-27
Our standard of review in this matter is limited to determining whether: (1) the necessary findings of fact and conclusions of law are supported by substantial evidence; (2) the Board committed an error of law; and (3) the parolee’s constitutional rights were violated.Read the full opinion on CourtListener →
Section 704 limits review of an unemployment compensation appeal to constitutional violations, errors of law, and whether necessary findings of fact are supported by substantial evidence.
Philadelphia Parking Authority v. Unemployment Compensation Board of Review · filed 1995-02-01
Our scope of review in an unemployment compensation appeal is limited to a determination of whether constitutional rights were violated, whether an error of law was committed, or whether necessary findings of fact are supported by substantial evidence.Read the full opinion on CourtListener →
Section 704 limits review of a final agency order to constitutional violations, legal error, and whether the order is supported by substantial evidence.
Goldstein v. Department of Public Welfare · filed 1995-02-02
Our scope of review of a final order by the DPW is limited to determining whether constitutional rights have been violated, an error of law has been committed or whether the order is supported by substantial evidence.Read the full opinion on CourtListener →
Section 704 limits review of an agency decision to constitutional violations, errors of law, and whether necessary findings are supported by substantial evidence.
A-Positive Electric v. Unemployment Compensation Board of Review · filed 1995-02-02
Our scope of review is limited to determining whether constitutional rights were violated, an error of law was committed, or necessary findings of fact were supported by substantial evidence.Read the full opinion on CourtListener →
Section 704 limits review of an agency decision to constitutional violations, legal error, and whether necessary findings of fact are supported by substantial evidence.
Gnarra v. Department of Labor & Industry Industrial Board · filed 1995-05-05
Our scope of review in this matter is limited to a determination of whether constitutional rights were violated, whether the decision was rendered in accordance with the law, and whether necessary findings of fact are supported by substantial evidence.Read the full opinion on CourtListener →
Section 704 limits review of a PUC decision to constitutional violations, errors of law, and whether necessary factual findings are supported by substantial evidence.
Armco Advanced Materials Corp. v. Pennsylvania Public Utility Commission · filed 1995-07-20
Our scope of review of a decision of the PUC is to determine whether constitutional rights have been violated, or an error of law committed, and whether the necessary findings of fact are supported by substantial evidence in the record.Read the full opinion on CourtListener →
Section 704 limits review of an agency adjudication to whether substantial evidence supports it, an error of law occurred, or constitutional rights were violated.
Punxsutawney Area School District v. Kanouff · filed 1995-08-04
This Court’s scope of review from decisions of the Appeals Panel is limited to a determination of whether the adjudication is supported by substantial evidence, errors of law were committed, or constitutional rights were violated.Read the full opinion on CourtListener →
Section 704 limits judicial review of agency decisions to constitutional violations, errors of law, and findings unsupported by substantial evidence.
Anela v. Pennsylvania Housing Finance Agency · filed 1995-08-10
Our scope of review is limited to determining whether constitutional rights were violated, an error of law was committed, or the findings of fact are not supported by substantial evidence.Read the full opinion on CourtListener →
Section 704 limits review of an unemployment compensation appeal to errors of law, constitutional violations, and whether necessary factual findings are supported by substantial evidence.
Evans, Portnoy & Quinn v. Unemployment Compensation Board of Review · filed 1995-09-18
Our scope of review in an unemployment compensation appeal is limited to determining whether an error of law was committed, whether constitutional rights were violated, or whether necessary findings of fact are supported by substantial evidence.Read the full opinion on CourtListener →
Section 704 limits review of a civil service decision, when both parties have presented evidence, to constitutional violations, legal errors, and whether the Commission’s necessary findings are supported by substantial evidence.
Department of Environmental Resources v. Bowman · filed 1995-11-20
Where both parties have presented evidence, our scope of review in a civil service case is limited to a determination of whether constitutional rights have been violated, errors of law have been committed, or whether the necessary findings of the Commission are supported by substantial evidence.Read the full opinion on CourtListener →
Section 704 limits review of an agency decision to whether its findings are supported by substantial evidence, an error of law was committed, or constitutional rights were violated.
Bell v. Office of Vocational Rehabilitation · filed 1995-11-20
Our scope of review is limited to determining whether the findings of fact are supported by substantial evidence, an error of law was committed, or whether constitutional rights have been violated.Read the full opinion on CourtListener →
Section 704 limits review of a board order to constitutional violations, errors of law, and whether necessary findings are supported by substantial evidence.
Barran v. State Board of Medicine · filed 1996-01-25
The scope of review of the Board’s order is limited to determining whether constitutional rights were violated, an error of law was committed or whether necessary findings of fact are supported by substantial evidence.Read the full opinion on CourtListener →
Section 704 limits review of an agency adjudication to constitutional violations, legal errors, and necessary factual findings unsupported by substantial evidence.
Zima Roofing, Inc. v. Pennsylvania Department of Transportation · filed 1996-03-01
Our scope of review is limited to determining whether constitutional rights have been violated, an error of law has been committed, or whether any necessary finding of fact is not supported by substantial evidence.Read the full opinion on CourtListener →
Section 704 requires a court to affirm an agency adjudication unless it violates constitutional rights or agency procedure, is contrary to law, or lacks substantial evidence for a necessary finding of fact.
Graduate Health Systems, Inc. v. Pennsylvania Insurance Department · filed 1996-04-08
Initially, we note that this court must affirm the Commissioner’s adjudication unless we find that the adjudication violates GHS’s constitutional rights, is not in accordance with law, violates the practice and procedure of Commonwealth agencies, or that a finding of fact necessary to support the adjudication is not supported by substantial evidence.Read the full opinion on CourtListener →
Section 704 limits review of a DPW adjudication to constitutional violations, errors of law, and whether necessary factual findings are supported by substantial evidence.
Winston v. Department of Public Welfare · filed 1996-04-22
Our scope of review in an appeal of an adjudication of DPW is limited to determining whether constitutional rights were violated, an error of law was committed or whether necessary findings of fact are supported by substantial evidence.Read the full opinion on CourtListener →
Section 704 limits review of a Board order to constitutional violations, errors of law, and whether necessary findings are supported by substantial evidence.
Shaffer v. Pennsylvania Board of Probation & Parole · filed 1996-05-01
Our scope of review of an order of the Board is to determine whether there was a constitutional violation or an error of law and whether neces-saiy findings of fact are supported by substantial evidence in the record.Read the full opinion on CourtListener →
Section 704 limits review of an agency decision to whether necessary findings have substantial evidence, the agency committed an error of law, or constitutional rights were violated.
Houser v. Pennsylvania Board of Probation & Parole · filed 1996-05-01
Our scope of review is limited to a determination of whether necessary findings are supported hy substantial evidence, an error of law was committed, or whether constitutional rights of the parolee were violated.Read the full opinion on CourtListener →
Section 704 limits review of a Board of Claims order to whether necessary factual findings are supported by substantial evidence and whether legal or constitutional error occurred.
Holt v. Department of Public Welfare · filed 1996-06-20
Pursuant to Section 704 of the Administrative Agency Law, 2 Pa.C.S. § 704, this Court’s scope of review is limited to determining whether the Board's necessary findings of fact are supported by substantial evidence, whether an error of law was committed or whether constitutional rights were violated.Read the full opinion on CourtListener →
Section 704 limits review of a Board recommitment order to whether necessary findings have substantial evidence, accord with law, and respect the parolee’s constitutional rights.
Kyte v. Pennsylvania Board of Probation & Parole · filed 1996-07-01
This court’s scope of review of a Board's re-commitment order is limited to determining whether necessary findings of fact are supported by substantial evidence and are in accordance with law, and whether any constitutional rights of the parolee have been violated.Read the full opinion on CourtListener →
Section 704 limits review of a Board recommitment order to whether the findings have substantial evidence, the order accords with law, and the parolee’s constitutional rights were respected.
Cromartie v. Pennsylvania Board of Probation & Parole · filed 1996-07-01
This Court’s scope of review of a Board’s re-commitment order is limited to determining ...whether necessary findings of fact are supported by substantial evidence and are in accordance with law, and whether any constitutional rights of the parolee have been violated.Read the full opinion on CourtListener →
Section 704 limits review of an agency order to constitutional violations, legal errors, and findings unsupported by substantial evidence.
Alcaraz v. Pennsylvania Labor Relations Board · filed 1996-07-11
Our scope of review is limited to determining whether constitutional rights were violated, errors of law were committed, and findings of fact are supported by substantial evidence.Read the full opinion on CourtListener →
Section 704 limits review of an agency decision to constitutional violations, errors of law, and necessary findings unsupported by substantial evidence.
Lausch v. Unemployment Compensation Board of Review · filed 1996-07-17
This court’s scope of review is limited to determining whether constitutional rights were violated, an error of law was committed, or necessary findings of fact are not supported by substantial evidence.Read the full opinion on CourtListener →
Section 704 limits review of a final Commonwealth agency order to errors of law, constitutional violations, and whether necessary factual findings are supported by substantial evidence.
Feineigle v. Pennsylvania State Police · filed 1996-07-25
Our scope of review in an appeal from a final order of a Commonwealth agency is limited to determining whether an error of law was committed, constitutional rights were violated, or whether necessary findings of fact are supported by substantial evidence.Read the full opinion on CourtListener →
Section 704 limits review of agency decisions to whether substantial evidence supports the findings, an error of law was committed, or constitutional rights were violated.
Brooks v. Office of Vocational Rehabilitation · filed 1996-08-21
Our scope of review in appeals from administrative agencies is limited to a determination of whether the findings of fact are supported by substantial evidence, an error of law was committed, or constitutional rights have been violated.Read the full opinion on CourtListener →
Section 704 limits review of a Board decision to whether necessary findings have substantial evidence, whether the Board made a legal error, and whether its adjudication violated constitutional rights.
Attenberger v. Unemployment Compensation Board of Review · filed 1996-08-22
Pursuant to Section 704 of the Administrative Agency Law, 2 Pa.C.S. § 704, this Court's scope of review of a Board decision is limited to determining whether the Board’s necessary findings of fact are supported by substantial evidence, whether the Board committed an error of law or whether the Board's adjudication is in violation of the petitioner’s constitutional rights.Read the full opinion on CourtListener →
Section 704 limits review of a final Commonwealth agency order to constitutional violations, errors of law, and whether necessary factual findings are supported by substantial evidence.
Braig v. Pennsylvania State Employes' Retirement Board · filed 1996-09-12
Our scope of review on appeal from a final order of a Commonwealth agency is limited to a determination of whether constitutional rights have been violated, an error of law has been committed, or whether the necessary findings of fact are supported by substantial evidence.Read the full opinion on CourtListener →
Section 704 limits review of a Board order to constitutional violations, findings unsupported by substantial evidence, and errors of law.
Denier v. State Board of Medicine, Bureau of Professional & Occupational Affairs · filed 1996-10-17
Our scope of review from an order of the Board is limited to a determination of whether constitutional rights have been violated, whether the findings of fact are supported by substantial evidence, and whether errors of law have been committed. Section 704 of the Administrative Agency Law, 2 Pa.C.S. § 704; Slawek v. State Board of Medical Education and Licensure, 526 Pa. 316, 586 A.2d 362 (1991).Read the full opinion on CourtListener →
Section 704 limits review of an administrative agency’s decision to constitutional violations, errors of law, and whether necessary factual findings are supported by substantial evidence.
Prewitt v. Department of Military Affairs · filed 1996-11-14
This court’s scope of review of an administrative agency's determination is limited to determining whether constitutional rights were violated, an error of law was committed, or whether necessary findings of fact are not supported by substantial evidence.Read the full opinion on CourtListener →
Section 704 limits judicial review of an agency decision to whether necessary findings have substantial evidence, an error of law occurred, or constitutional rights were violated.
Dear v. Pennsylvania Board of Probation & Parole · filed 1996-12-03
Our scope of review is limited to a determination of whether necessary findings are supported by substantial evidence, an error of law was committed, or whether constitutional rights of the parolee were violated.Read the full opinion on CourtListener →
Section 704 limits review of a PLRB order to constitutional violations, errors of law, and whether necessary factual findings are supported by substantial evidence.
Upper St. Clair Police Officers Ass'n v. Pennsylvania Labor Relations Board · filed 1997-02-14
This Court’s scope of review is limited to determining whether there was a constitutional violation or an error of law, and whether the PLRB’s necessary findings of fact are supported by substantial evidence.Read the full opinion on CourtListener →
Section 704 limits review of an agency decision to constitutional violations, errors of law, and whether necessary factual findings are supported by substantial evidence.
Bryner v. Unemployment Compensation Board of Review · filed 1997-03-27
Our scope of review is limited to a determination of whether constitutional rights were violated, errors of law committed, or whether the necessary findings of fact are supported by substantial evidence.Read the full opinion on CourtListener →
Section 704 limits review of a PLRB determination to constitutional violations, legal errors, and whether factual findings are supported by substantial evidence; supported findings are conclusive on appeal.
Delaware County Lodge No. 27 v. Pennsylvania Labor Relations Board · filed 1997-05-19
When reviewing a PLRB determination, this Court’s scope of review is limited to determining whether there was a constitutional violation or an error of law, and whether the PLRB’s findings of fact are supported by substantial evidence. 2 Pa.C.S. § 704; Harbaugh v. Pennsylvania Labor Relations Board, 107 Pa.Cmwlth. 406, 528 A.2d 1024 (1987). ... There is no assertion by the FOP that these findings are not based on substantial evidence; therefore, the findings are conclusive on appeal.Read the full opinion on CourtListener →
Section 704 limits review of a DPW adjudication to whether it complies with the law, its factual findings have substantial evidence, and constitutional rights were violated.
Swartz v. Pennsylvania Department of Public Welfare · filed 1997-06-24
This court's scope of review is limited to a determination of whether the adjudication by DPW is in accordance with the law, whether the findings of fact are supported by substantial evidence, and whether constitutional rights have been violated.Read the full opinion on CourtListener →
Section 704 limits judicial review of agency adjudications to constitutional violations, errors of law, and whether substantial evidence supports the agency’s findings; a reviewing court may not reweigh the facts.
Bowman v. DEPT. OF ENVIRONMENTAL RESOUR. · filed 1997-09-18
The standard of review involving agency adjudications is limited to a determination of whether constitutional rights have been violated, errors of law have been committed, or whether the findings of the agency are supported by substantial evidence. ... By focusing on Gibson’s experience and presenting arguments as to why she was as qualified as Bowman, the Commonwealth Court improperly exceeded its scope of review.Read the full opinion on CourtListener →
Section 704 limits review of a DPW adjudication to whether it complies with the law, is supported by substantial evidence, and respects constitutional rights.
Renee v. Department of Public Welfare · filed 1997-10-16
We initially note that, on appeal, this court’s scope of review is limited to a determination of whether the adjudication by the DPW is in accordance with the law, whether the findings of fact are supported by substantial evidence, and whether constitutional rights have been violated. Section 704 of the Administrative Agency Law, 2 Pa.C.S. § 704; Harston Hall Nursing and Convalescent Home, Inc. v. Com., Department of Public Welfare, 99 Pa.Cmwlth. 475, 513 A.2d 1097 (1986).Read the full opinion on CourtListener →
Section 704 limits review of an agency decision to whether its findings are supported by substantial evidence, it committed an error of law, or it violated constitutional rights.
Schnee v. Unemployment Compensation Board of Review · filed 1997-10-24
Our scope of review is limited to determining whether the UCBR's findings of fact are supported by substantial evidence, whether an error of law was committed or whether the parties’ constitutional rights have been violated.Read the full opinion on CourtListener →
Section 704 limits review of an agency order to constitutional violations, errors of law, and whether necessary findings of fact are supported by substantial evidence.
Tandon v. State Board of Medicine · filed 1997-12-10
We initially note that, on appeal, this court’s scope of review of the board’s order is limited to a determination of whether constitutional rights were violated, an error of law was committed or whether necessary findings of fact are supported by substantial evidence.Read the full opinion on CourtListener →
Section 704 limits review of an agency decision to whether necessary findings and conclusions are supported by substantial evidence, the agency committed an error of law, or constitutional rights were violated.
Brooks v. Pennsylvania Board of Probation & Parole · filed 1997-12-16
Our scope of review is limited to determining whether the necessary findings of fact and conclusions of law are supported by substantial evidence, whether the Board committed an error of law and whether constitutional rights were violated.Read the full opinion on CourtListener →
Section 704 limits review of a parole board decision to whether necessary findings have substantial evidence, the board committed an error of law, or the parolee’s constitutional rights were violated.
Palmer v. Pennsylvania Board of Probation & Parole · filed 1997-12-23
Our scope of review is limited to a determination of whether necessary findings are supported by substantial evidence, an error of law was committed, or whether constitutional rights of the parolee were violated.Read the full opinion on CourtListener →
Section 704 limits review of an agency adjudication to whether it complies with the law, rests on substantial evidence, and respects constitutional rights.
Shaak v. Pennsylvania Department of Public Welfare · filed 1998-03-02
This Court’s scope of review is limited to a determination of whether the adjudication of DPW is in accordance with the law, whether the findings of fact are supported by substantial evidence, and whether constitutional rights have been violated.Read the full opinion on CourtListener →
Section 704 limits review of agency decisions to legal or constitutional error and whether necessary fact findings are supported by substantial evidence.
Pa Turnpike Com'n v. Wcab (Collins) · filed 1998-04-06
Our scope of review is limited to determining whether an error of law was committed, whether constitutional rights were violated or whether necessary findings of fact are supported by substantial evidence.Read the full opinion on CourtListener →
Section 704 limits review of an agency order to constitutional violations, errors of law, and whether necessary factual findings are supported by substantial evidence.
West Reading Tavern, Inc. v. Pennsylvania Liquor Control Board · filed 1998-04-09
This Court’s scope of review of an order of an administrative agency is limited to determining whether constitutional rights were violated, whether an error of law was committed, or whether necessary findings of facts are supported by substantial evidence.Read the full opinion on CourtListener →
Section 704 limits review of an agency adjudication to constitutional violations, findings unsupported by substantial evidence, and errors of law.
Monaci v. State Horse Racing Commission · filed 1998-08-31
This Court's scope of review of an adjudication of the Commission is limited to a determination of whether constitutional rights were violated, whether findings of fact are supported by substantial evidence of record, or whether an error of law has been committed. Section 704 of the Administrative Agency Law, 2 Pa.C.S. § 704; Pankewicz v. Pennsylvania, State Horse Racing Commission, 127 Pa.Cmwlth. 601, 562 A.2d 917 (1989).Read the full opinion on CourtListener →
Section 704 limits review in expunction proceedings to constitutional violations, legal errors, and whether necessary factual findings are supported by substantial evidence.
E.D. v. Department of Public Welfare · filed 1998-10-14
This Court’s scope of review in ex-punction proceedings is limited to a determination of whether constitutional rights were violated, whether errors of law were committed, or whether necessary findings of fact are supported by substantial evidence.Read the full opinion on CourtListener →
Section 704 limits review of an agency decision to errors of law, constitutional violations, and whether necessary factual findings are supported by substantial evidence.
Conference of Pennsylvania College Police Lodges v. Pennsylvania Labor Relations Board · filed 1998-10-28
Our scope of review is limited to determining whether an error of law was committed, constitutional rights were violated or whether necessary findings of fact are supported by substantial *1124 evidence.Read the full opinion on CourtListener →
Section 704 limits review of an agency expungement decision to constitutional or legal error and findings unsupported by substantial evidence.
J.C. v. Department of Public Welfare · filed 1998-11-04
This Court’s scope of review of the Bureau’s decision in an expungement case is limited to determining whether the Bureau’s adjudication violates constitutional rights or is not in accordance with the Law, or whether the findings of fact are not supported by substantial evidence. Section 704 of the Administrative Agency Law, 2 Pa.C.S. § 704; K.S. v. Department of Public Welfare, 129 Pa.Cmwlth. 31, 564 A.2d 561 (1989).Read the full opinion on CourtListener →
Section 704 limits judicial review of an agency decision to constitutional violations, errors of law, and whether necessary factual findings are supported by substantial evidence.
Starr v. State Board of Medicine · filed 1998-11-04
Our scope of review is limited to determining whether constitutional rights were violated, whether an error of law was committed, or whether the necessary findings of fact are supported by substantial evidence. Section 704 of the Administrative Agency Law, 2 Pa.C.S. § 704; Firman v. Department of State, State Board of Medicine, 697 A.2d 291 (Pa.Cmwlth.1997), petition for allowance of appeal denied, 560 Pa. 722, 706 A.2d 1215 (1998).Read the full opinion on CourtListener →
Section 704 limits review of an agency adjudication to constitutional violations, errors of law, and whether necessary findings are supported by substantial evidence.
Kepler v. State Board of Physical Therapy · filed 1998-11-10
Our scope of review in this type of matter is limited to determining whether there has been a violation of constitutional rights, errors of law committed, or whether necessary findings of fact are supported by substantial evidence.Read the full opinion on CourtListener →
Section 704 limits review of a parole board decision to substantial evidence, errors of law, and violations of the parolee’s constitutional rights.
Davidson v. Pennsylvania Board of Probation & Parole · filed 1998-12-04
Our scope of review is limited to a determination of whether necessary findings of fact are supported by substantial evidence, an error of law was committed, or whether the constitutional rights of the parolee were violated.Read the full opinion on CourtListener →
Section 704 limits review of PUC decisions to constitutional violations, legal errors, and whether the findings are supported by substantial evidence.
LP Water & Sewer Co. v. Pennsylvania Public Utility Commission · filed 1998-12-22
Our scope of review of PUC cases is limited to a determination of whether constitutional rights have been violated, errors of law committed or the PUC's findings and conclusions are supported by substantial evidence.Read the full opinion on CourtListener →
Section 704 limits review of a retirement board order to constitutional violations, errors of law, and findings unsupported by substantial evidence.
Roche v. State Employes' Retirement Board · filed 1999-05-20
We initially note that the scope of our review of the board’s order is limited to a determination of whether constitutional rights have been violated, an error of law has been committed, or whether the necessary findings of fact are supported by substantial evidence. Section 704 of the Administrative Agency Law, 2 Pa.C.S. § 704; Braig v. Pennsylvania State Employes’ Retirement Board, 682 A.2d 881 (Pa.Cmwlth.1996).Read the full opinion on CourtListener →
Section 704 limits review of an agency decision to constitutional violations, errors of law, and whether findings of fact are supported by substantial evidence.
Pook v. Commonwealth, State Board of Auctioneer Examiners · filed 1999-06-16
We initially note that our scope of review in this matter is limited to determining whether Petitioner’s constitutional rights were violated, whether the Board committed errors of law, and whether findings of fact are supported by substantial evidence.Read the full opinion on CourtListener →
Section 704 limits review of a Commonwealth agency adjudication to constitutional violations, legal or procedural error, and necessary factual findings unsupported by substantial evidence.
Borough of Lewistown v. Pennsylvania Labor Relations Board · filed 1999-08-04
Our standard of review of the final order of the PLRB is limited to determining whether the adjudication is in violation of the constitutional rights of the appellant, is not in accordance with law, is in violation of the practice and procedure of the Commonwealth agency, or whether any finding of fact made by the agency and necessary to support its adjudication is not supported by substantial evidence. 2 Pa.C.S. § 704; Fraternal Order of Police v. PLRB, 557 Pa. 586, 735 A.2d 96 (1999).Read the full opinion on CourtListener →
Section 704 limits appellate review of an agency decision to constitutional violations, errors of law, and findings unsupported by substantial evidence.
Hutchinson v. Pennsylvania State Employes' Retirement Board · filed 1999-08-06
We initially note that our scope of review is limited to a determination of whether constitutional rights have been violated, an error of law has been committed, or whether the necessary findings of fact are supported by substantial evidence.Read the full opinion on CourtListener →
Section 704 limits review of workers’ compensation decisions to errors of law, constitutional violations, and whether necessary findings of fact are supported by substantial evidence.
Schneider National Carriers v. Workers' Compensation Appeal Board · filed 1999-09-14
Our scope of review in workers’ compensation decisions is limited to determining whether an error of law was committed, whether constitutional rights were violated, or whether necessary findings of fact are supported by substantial evidence.Read the full opinion on CourtListener →
Section 704 limits review of Board decisions to whether necessary findings have substantial evidence, an error of law occurred, or constitutional rights were violated.
Heckman v. Pennsylvania Board of Probation & Parole · filed 2000-01-13
This Court's scope of review of Board decisions is limited to determining whether necessary findings of fact are supported by substantial evidence, whether an error of law was committed, or whether petitioner's constitutional rights were violated. 2 Pa.C.S. § 704; Zazo v. Pennsylvania Board of Probation and Parole, 80 Pa.Cmwlth. 198, 470 A.2d 1135 (1984).Read the full opinion on CourtListener →
Section 704 limits review of an agency decision to constitutional violations, errors of law, and whether the agency's findings are supported by substantial evidence.
Mid-Atlantic Power Supply Ass'n v. Pennsylvania Public Utility Commission · filed 2000-02-25
Our review is limited to a determination of whether constitutional rights have been violated, if an error of law has been committed, or whether the findings of the PUC are supported by substantial evidence.Read the full opinion on CourtListener →
Section 704 limits review of an agency decision to constitutional violations, errors of law, and whether necessary factual findings are supported by substantial evidence.
Smarr v. Pennsylvania Board of Probation & Parole · filed 2000-03-22
Our scope of review is limited to a determination of whether constitutional rights were violated, an error of law committed or whether necessary findings of fact are supported by substantial evidence.Read the full opinion on CourtListener →
Section 704’s standard of review includes, where appropriate, consideration of the regularity of a Commonwealth agency’s practice and procedure.
Pennsylvania Game Commission v. State Civil Service Commission · filed 2000-03-28
Consistent with 2 Pa.C.S. § 704, we add that the standard also involves, where appropriate, consideration of the regularity of the practice and procedure of the Commonwealth agency.Read the full opinion on CourtListener →
Section 704 limits review in workers’ compensation appeals to constitutional violations, errors of law, and whether necessary factual findings are supported by substantial evidence when the party with the burden of proof prevailed before the WCJ and the Board took no additional evidence.
Brandywine Paperboard Mills v. Workers' Compensation Appeal Board · filed 2000-05-11
In workers’ compensation cases where the party bearing the burden of proof prevailed before the WCJ and the Board took no additional evidence, our review is limited to determining whether constitutional rights were violated, an error of law was committed, or whether necessary findings of fact are supported by substantial evidence.Read the full opinion on CourtListener →
Section 704 limits review of an agency adjudication to constitutional violations, legal error, and findings unsupported by substantial evidence.
H.D. v. Pennsylvania Department of Public Welfare · filed 2000-05-15
This Court's scope of review of the Bureau’s decision is limited to determining whether the Bureau’s adjudication violates constitutional rights or is not in accordance with the Law, or whether the findings of fact are not supported by substantial evidence.Read the full opinion on CourtListener →
Section 704 limits review of agency fact findings to whether substantial evidence supports them; an appellate court may not reweigh credibility or make new findings.
Daniels v. Workers' Compensation Appeal Board · filed 2000-06-01
As noted above, in conducting our appellate review of these orders, this Court's scope of review is limited by Section 704 of the Administrative Agency Law. ... Thus, contrary to Claimant's assertion, it is patently beyond this Court's statutory scope of review to reject a WCJ's credibility determinations on appeal, and to make new findings of fact based on the evidence in the certified record. Rather, our review of the factual findings in this appeal is limited to determining whether or not they are supported by substantial evidence.Read the full opinion on CourtListener →
Section 704 limits review of a parole recommitment order to whether necessary findings have substantial evidence, accord with law, and respect the parolee’s constitutional rights.
Berry v. Pennsylvania Board of Probation & Parole · filed 2000-07-13
Our scope of review of a Board’s recommitment order is limited to determining whether necessary findings of fact are supported by substantial evidence and are in accordance with law and whether any constitutional rights of the parolee have been violated.Read the full opinion on CourtListener →
Section 704 requires a court to affirm an agency adjudication unless it violates constitutional rights, is contrary to law, or lacks substantial evidence.
West Chester Area School District v. Collegium Charter School · filed 2000-08-25
Therefore, we shall affirm the CAB's determination unless this court determines that the adjudication is in violation of constitutional rights, or is not in accordance with the law, or is not supported by substantial evidence.Read the full opinion on CourtListener →
Section 704 limits review of a parole board decision to whether necessary findings have substantial evidence, the Board committed an error of law, or a parolee’s constitutional right was violated.
DeMarco v. Pennsylvania Board of Probation & Parole · filed 2000-08-29
Our review of the. merits of this case is limited under Section 704 of the Administrative Agency Law, 2 Pa.C.S. § 704, to determining whether necessary findings are supported by substantial evidence, an error of law was committed, or a constitutional right of the parolee was violated.Read the full opinion on CourtListener →
Section 704 calls for affirming an agency adjudication unless constitutional or procedural rights were violated, an error of law occurred, or necessary findings lack substantial evidence.
Mozzafari v. Butler · filed 2000-10-12
An adjudication of an agency should be affirmed unless constitutional rights are violated, an error of law is committed, procedural rules are violated, or necessary findings of fact are not supported by substantial evidence.Read the full opinion on CourtListener →
Section 704 requires a court to affirm an agency adjudication unless it violates constitutional rights or law, required procedures were violated, or necessary findings lack substantial evidence.
Bell Atlantic-Pennsylvania, Inc. v. Pennsylvania Public Utility Commission · filed 2000-10-25
This Court’s standard of review of the administrative agency’s decision is to affirm the decision unless the Court finds the adjudication is in violation of constitutional rights, or not in accordance with law, or that the administrative agency procedures, as prescribed by law, have been violated, or that necessary agency findings are not supported by substantial evidence.Read the full opinion on CourtListener →
Section 704 requires a reviewing court to examine whether the record contains substantial evidence supporting an agency’s findings and adjudication.
B.B. Kim's Market, Inc. v. Department of Health · filed 2000-11-16
2 Pa.C.S.A. § 704 (on review, we can only examine the record to determine whether it contains substantial evidence to support the findings made and adjudication rendered); see also Bucks County Children and Youth Social Services Agency v. Department of Public Welfare, 151 Pa.Cmwlth. 110, 616 A.2d 170 (1992).Read the full opinion on CourtListener →
Section 704 limits review of an agency order to constitutional violations, errors of law, and whether necessary factual findings are supported by substantial evidence.
Pennsylvania State Police v. Pennsylvania Labor Relations Board · filed 2000-12-12
Our scope of review is limited to determining whether there was a constitutional violation or an error of law, and whether the PLRB’s necessary findings of fact are supported by substantial evidence.Read the full opinion on CourtListener →
Section 704 limits review of a workers’ compensation appeal to legal error, constitutional violations, and whether necessary findings of fact are supported by substantial evidence.
Waymart v. Workers' Compensation Appeal Board · filed 2000-12-29
Our scope of review in a workers’ compensation appeal is limited to determining whether an error of law was committed, constitutional rights were violated, or whether necessary findings of fact are supported by substantial evidence. Section 704 of the Administrative Agency Law, 2 Pa.C.S. § 704; Russell v. Workmen’s Compensation Appeal Board (Volkswagen of America), 121 Pa. Cmwlth. 436, 550 A.2d 1364 (1988).Read the full opinion on CourtListener →
Section 704 limits review to whether necessary findings of fact are supported by substantial competent evidence when those are the issues raised.
Kasper v. Workers' Compensation Appeal Board · filed 2001-03-16
Based upon the issues raised, the scope of our review is limited to a determination of whether necessary findings of fact are supported by substantial competent evidence.Read the full opinion on CourtListener →
Section 704 requires a reviewing court to affirm a workers’ compensation adjudication unless it finds legal error, a constitutional violation, a failure to follow agency procedure, or a necessary finding unsupported by substantial evidence.
Sell v. Workers' Compensation Appeal Board · filed 2001-05-22
In workers' compensation cases, a reviewing court must affirm the adjudication below, unless it finds that an error of law was committed, that constitutional rights were violated, that a practice or procedure of a Commonwealth agency was not followed or that any necessary finding of fact was not supported by substantial evidence of record.Read the full opinion on CourtListener →
Section 704 requires a court to affirm an agency adjudication unless it violates constitutional rights, is contrary to law, or lacks substantial evidence.
Brackbill v. Ron Brown Charter School · filed 2001-05-23
Therefore, we shall affirm the CAB’s determination unless this court determines that the adjudication is in violation of constitutional rights, or is not in accordance with the law, or is not supported by substantial evidence.Read the full opinion on CourtListener →
Section 704 limits judicial review of an agency decision to constitutional violations, errors of law, and findings unsupported by substantial evidence.
Popoleo v. Unemployment Compensation Board of Review · filed 2001-06-05
Initially, we note that this Court’s scope of review is limited to determining whether constitutional rights were violated, an error of law was committed, or necessary findings of fact are not supported by substantial evidence.Read the full opinion on CourtListener →
Section 704 limits review of an agency decision to constitutional violations, errors of law, and necessary findings unsupported by substantial evidence.
Butler Balancing Co. v. Department of Labor & Industry · filed 2001-07-18
On appeal from a decision of the PWAB, our scope of review is limited to determining whether constitutional rights were violated, whether the PWAB committed an error of law and whether necessary findings of fact are supported by substantial evidence.Read the full opinion on CourtListener →
Section 704 permits review of errors of law and constitutional violations even when the party bearing the burden of proof alone presented evidence and lost before the fact finder.
B & B Drywall, Inc. v. Workers' Compensation Appeal Board · filed 2001-09-28
Nevertheless, pursuant to Section 704 of the Administrative Code, 2 Pa.C.S. § 704, we may review errors of law or constitutional violations even where the party with the burden of proof is the only party to present evidence, yet does not prevail.Read the full opinion on CourtListener →
Section 704 limits review of an agency decision to whether necessary findings have substantial evidence, the agency committed an error of law, or a constitutional right was violated.
Miller v. Pennsylvania Board of Probation & Parole · filed 2001-09-28
Our review of the merits of this case is limited under Section 704 of the Administrative Agency Law, 2 Pa.C.S. § 704, to determining whether necessary findings are supported by substantial evidence, an error of law was committed, or a constitutional right of the parolee was violated.Read the full opinion on CourtListener →
Section 704 limits review of an agency adjudication to constitutional violations, errors of law, and whether necessary factual findings are supported by substantial evidence.
Pennsylvania State Police v. Denton · filed 2001-05-15
Our scope of review is limited to determining whether constitutional rights were violated, whether an error of law was committed or whether the necessary findings of fact are supported by substantial evidence.Read the full opinion on CourtListener →
Section 704 limits review of an agency adjudication to whether necessary findings have substantial evidence, the agency committed an error of law, or constitutional rights were violated.
Pennsylvania State Police v. Heggenstaller · filed 2001-10-16
Our scope of review is limited to a determination of whether necessary findings are supported by substantial evidence, an error of law was committed or whether constitutional rights were violated.Read the full opinion on CourtListener →
Section 704 limits review in workers’ compensation appeals to constitutional violations, errors of law, and whether factual findings are supported by substantial evidence.
Thompson v. Workers' Compensation Appeal Board · filed 2001-10-17
This Court's scope of review in workers' compensation matters is limited to determining whether constitutional rights were violated, whether an error of law was committed, or whether the findings of fact are supported by substantial evidence. ... Therefore, this Court's review is limited to determining whether the Commonwealth Court's holding on the question of subrogation was an error of law.Read the full opinion on CourtListener →
Section 704 limits review of an agency decision to whether necessary findings have substantial evidence, whether the agency made a legal error, and whether it violated a constitutional right.
McPherson v. Pennsylvania Board of Probation & Parole · filed 2001-10-30
Our review of the merits of this case is limited under Section 704 of the Administrative Agency Law, 2 Pa.C.S. § 704, to determining whether necessary findings are supported by substantial evidence, an error of . law was committed, or a constitutional right of the parolee was violated.Read the full opinion on CourtListener →
Section 704 limits review of a workers' compensation order to constitutional violations, legal errors, violations of administrative procedure, and necessary factual findings unsupported by substantial evidence.
Schreffler v. Workers' Compensation Appeal Board · filed 2002-01-18
Appellate review of a workers' compensation order is limited to determining whether constitutional rights have been violated, an error of law has occurred, rules of administrative procedure have been violated, or a finding of fact necessary to support the adjudication is not supported by substantial evidence. 2 Pa.C.S. § 704; Kmart Corp. v. WCAB (Fitzsimmons), 561 Pa.111, 748 A.2d 660, 661-62 (2000). As this appeal presents questions of law, our review is plenary.Read the full opinion on CourtListener →
Section 704 limits review of an agency decision to whether necessary findings are supported by substantial evidence, an error of law occurred, or constitutional rights were violated.
Pennsylvania State Police v. Grogan · filed 2002-01-18
Our scope of review is limited to determining whether necessary findings of fact are supported by substantial evidence, an error of law was committed or whether constitutional rights were violated. 2 Pa.C.S. § 704; Bellum v. Pennsylvania State Police, 762 A.2d 1145 (Pa.Cmwlth.2000).Read the full opinion on CourtListener →
Section 704 requires a court to affirm an agency adjudication unless it violates constitutional rights, is contrary to law, or lacks substantial evidence.
Keystone Central School District v. Sugar Valley Concerned Citizens · filed 2002-05-21
We are obliged to affirm the CAB’s determination unless this Court determines that the adjudication is in violation of constitutional rights, is not in accordance with the law, or is not supported by substantial evidence.Read the full opinion on CourtListener →
Section 704 limits review of an agency adjudication to constitutional violations, errors of law, and findings unsupported by substantial evidence.
Sklar v. Department of Health · filed 2002-06-05
Our standard of review is limited to determining whether constitutional rights were violated, whether an error of law was committed or whether the necessary findings of fact are supported by substantial evidence.Read the full opinion on CourtListener →
Section 704 limits review of a workers' compensation appeal to errors of law, constitutional violations, and whether necessary factual findings are supported by substantial evidence.
CPV Manufacturing, Inc. v. Workers' Compensation Appeal Board · filed 2002-08-19
In workers' compensation matters, this Court's scope of review is limited to determining whether errors of law were committed, constitutional rights were violated, or whether necessary findings of fact were supported by substantial evidence. 2 Pa. C.S. § 704; Udvari v. Workmen's Compensation Appeal Board (USAir), 550 Pa. 319, 705 A.2d 1290 (1997).Read the full opinion on CourtListener →
Section 704 limits review of a Commission adjudication to constitutional violations, errors of law, and findings unsupported by substantial evidence.
Kraines v. Pennsylvania State Ethics Commission · filed 2002-08-23
We initially note that this Court’s scope of review of a Commission adjudication is limited to a determination of whether constitutional rights have been violated, whether an error of law has been committed, or whether the findings of the Commission are supported by substantial evidence.Read the full opinion on CourtListener →
Notes 151–300 of 588, oldest cases first.
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