Section 2.2. Definitions

The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:

Act—Act of December 13, 1982 (P. L. 1127, No. 257) (71 P. S. § § 2031—2035).

Adjudication—A final order, decree, decision, determination or ruling by an agency affecting personal or property rights, privileges, immunities, duties, liabilities or obligations of any or all of the parties to the proceeding in which the adjudication is made. The term does not include an order based upon a proceeding before a court or which involves the seizure or forfeiture of property, paroles, pardons or releases from mental institutions.

Agency—A government agency.

Applicant—The prevailing party seeking an award of fees and expenses.

Employe—An individual whom a party has the right to hire, the power to discharge and the right to direct work to be performed and the manner in which the work is to be performed.

Party—An individual, partnership, corporation, association, private organization or public organization except an agency, which appears in a proceeding before an agency that has a direct interest in the subject matter of the proceeding. The term does not include the following:

(i) An individual whose net worth exceeded $500,000 at the time the adversary adjudication was initiated and a sole owner of an unincorporated business, or a partnership, corporation, association or organization whose net worth exceeded $2 million at the time the adversary adjudication was initiated.

(ii) A sole owner of an unincorporated business, or a partnership, corporation, association or organization having more than 250 employes at the time the adversary adjudication was initiated.

(iii) A party represented by counsel paid, directly or indirectly, in whole or in part, by an appropriation, grant, subsidy or loan made by the State, local or Federal government.

Notation

Cross References

This section cited in 4 Pa. Code § 2.11 (relating to statements of policy).