Com., Dept. of Transp. v. Boros

OPINION

NIX, Chief Justice.

Appellant, Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing (“Department”), seeks review from the order of the Commonwealth Court, 125 Pa.Cmwlth. 372, 558 A.2d 121, which remanded three license recall eases to the Court of Common Pleas for certain findings of fact. 1 The question presented in this appeal is whether the Commonwealth Court erred in raising, sua sponte, Section 504 of the Federal Rehabilitation Act of 1973 (“Rehabilitation Act”), 29 U.S.C. § 794 (1988), 2 as an affirmative defense to challenge the Department’s…