Pennsylvania Code Title 1 - GENERAL PROVISIONS
Pennsylvania Code Title 1 is designated as "GENERAL PROVISIONS." As its name suggests, this title lays out the fundamental framework, definitions, and rules that apply broadly across the entire Pennsylvania Code and sometimes to the Pennsylvania Consolidated Statutes.
It's important to distinguish between the Pennsylvania Code and the Pennsylvania Consolidated Statutes:
The Pennsylvania Code contains the administrative regulations issued by Commonwealth agencies (executive departments and agencies).
The Pennsylvania Consolidated Statutes contains the statutes (laws) passed by the Pennsylvania General Assembly (the state legislature).
While they are distinct, Title 1 of the Pennsylvania Code often contains rules about the interpretation and construction of both, or at least the framework within which both operate.
Here's a breakdown of the typical content within Title 1 - GENERAL PROVISIONS:
Part I - Joint Committee on Documents: This part establishes the rules and procedures for the Pennsylvania Bulletin and the Pennsylvania Code. This includes how documents are prepared, codified, published, and cited. It ensures the organized and accessible publication of all state regulations and official documents.
Part II - General Rules of Administrative Practice and Procedure: This part often contains uniform rules for how state agencies conduct their administrative proceedings, such as rule-making, adjudications, and public hearings. These rules aim to ensure fairness, transparency, and consistency across different agencies.
Part III - Independent Regulatory Review Commission: This part outlines the powers, duties, and procedures of the Independent Regulatory Review Commission (IRRC). The IRRC plays a crucial role in Pennsylvania's regulatory process by reviewing proposed regulations from state agencies to ensure they are in the public interest, are reasonable, and do not impose undue burdens.
Statutory Construction and Interpretation: While often found in the Consolidated Statutes (e.g., 1 Pa.C.S.A. § 1921 "Legislative intent controls"), general provisions related to how laws and regulations are interpreted (e.g., definitions of terms, rules for computing time, effect of repeals) may also be referenced or included.
In essence, Pennsylvania Code Title 1 acts as the foundational layer, providing the ground rules for the creation, publication, and interpretation of administrative regulations within the Commonwealth. It's essential for understanding the structure and operation of Pennsylvania's administrative law system.
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