P&CPennsylvaniahard
A PA producer's license is revoked by a final order of the Insurance Commissioner. To which court does the producer appeal, and under what standard of review?
ATo the federal district court for the Eastern District of Pennsylvania, which reviews the agency record de novo and may substitute its own factual findings for those of the Commissioner
BTo the PA Supreme Court directly, on a discretionary writ
CTo the Court of Common Pleas, with a jury trial de novo
To the Commonwealth Court, which reviews for errors of law, constitutional violations, or lack of substantial evidence
Why this is the answer
Final adjudications by Commonwealth agencies such as PID are appealed to the PA Commonwealth Court under 2 Pa.C.S. § 702-704, which provides for review limited to errors of law, constitutional violations, and whether substantial evidence supports the agency's findings. Federal court, the PA Supreme Court, and Common Pleas jury trials are incorrect forums and incorrect standards for direct appeal of a PID licensing order.
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