(a) Claim or defense.-- A person whose free exercise of religion has been burdened or likely will be burdened in violation of section 4 may assert that violation against an agency as a claim or defense in any judicial or administrative proceeding.(b) Notice.--Notwithstanding subsection (a) and except as provided in subsection (c), a person may not bring an action in court to assert a claim under this act unless, at least 30 days prior to bringing the action, the person gives written notice to the agency by certified mail, return receipt requested, informing the agency of all of the following: (1) The person's free exercise of religion has been or is about to be substantially burdened by an exercise of the agency's governmental authority.(2) A description of the act or refusal to act which has burdened or will burden the person's free exercise of religion.(3) The manner in which the exercise of the governmental authority burdens the person's free exercise of religion.(c) Exception.--A person may bring an action in court without providing the notice required by subsection (b) if any of the following occur: (1) The exercise of governmental authority which threatens to substantially burden the person's free exercise of religion is imminent.(2) The person was not informed and did not otherwise have knowledge of the exercise of the governmental authority in time to reasonably provide notice.(3) The provision of the notice would delay an action to the extent that the action would be dismissed as untimely.(4) The claim or defense is asserted as a counterclaim in a pending proceeding.(d) Limitation.--Prior to the expiration of the 30-day period referred to in subsection (b), an agency which receives notice in accordance with subsection (b) may remedy the substantial burden on the person's free exercise of religion.(e) Jurisdiction.--A person alleging a violation of section 4 by a Commonwealth agency may bring an action in Commonwealth Court in accordance with this section and the applicable rules of court. In accordance with this section and applicable rules of court, a person alleging a violation of section 4 by a non-Commonwealth agency may bring an action in the court of common pleas for the county where the non-Commonwealth agency's office is located.(f) Remedies.--If a person asserts a claim or defense in accordance with this section and proves, by clear and convincing evidence, that the person's free exercise of religion has been burdened or likely will be burdened in violation of section 4, a court may award the person such declaratory or injunctive relief as may be appropriate. No court shall award monetary damages for a violation of this act. Unless the court finds that the actions of the agency were dilatory, obdurate or vexatious, no court shall award attorney fees for a violation of this act.(g) Inmate claims.--To the extent permitted under the Federal law, an agency shall be deemed not to have violated the provisions of this act if a rule, policy, action, omission or regulation of a correctional facility or its correctional employees is reasonably related to legitimate penological interests, including the deterrence of crime, the prudent use of institutional resources, the rehabilitation of prisoners or institutional security.2002, Dec. 9, P.L. 1701, No. 214, § 5, imd. effective.