Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 1 - PRELIMINARY PROVISIONS › Section 1.4 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this part, have
				  the following meanings, unless the context clearly indicates otherwise:
Act
-The act of July 31, 1968 (P. L. 769, No.
				  240) (45 P. S. §§
										1102,
				  1201-1208 and
				  1602); and 45 Pa.C.S.
				  Chapters 5, 7 and 9, known as the Commonwealth Documents Law.
Adjudication
-An order, decree, decision,
				  determination or ruling by an agency affecting personal or property rights,
				  privileges, immunities, duties, liabilities or obligations of a party to the
				  proceeding in which the adjudication is made.
Administrative Code
or
AC
-The Administrative Code of 1929 (71 P. S. §§
										51-732).
Administrative regulation
-A regulation
				  except a proclamation, executive order, executive directive or other similar
				  document promulgated by the Governor, and including a regulation which may be
				  promulgated by an agency only with the approval of the Governor.
Agency
-The Governor or a department,
				  departmental administrative board or commission, officer, independent board or
				  commission, authority or other agency of this Commonwealth now in existence or
				  hereafter created, but not including the Senate or House of Representatives of
				  this Commonwealth or a court, political subdivision, municipal or other local
				  authority, or an officer or agency of a court, political subdivision or local
				  authority.
Agency text
-The text of a document as
				  issued, prescribed or promulgated by the issuing, prescribing or promulgating
				  agency.
Bulletin
or
Pa.B.
-The
Pennsylvania Bulletin
established by the act.
Bureau
-The Legislative Reference
				  Bureau.
Code
or
Pa. Code
-The
Pennsylvania Code
established by the Commonwealth Documents
				  Law.
Copy
-The term includes an electronic or
				  printed version.
Department
-The Department of General
				  Services.
Document
-A proclamation, executive order,
				  executive directive or similar instrument promulgated by the Governor, and an
				  order, regulation, rule, statement of policy, adjudication, certificate,
				  license, permit, notice or similar instrument issued, prescribed or promulgated
				  by or under the authority of the Commonwealth. The term also includes a home
				  rule charter heretofore or hereafter adopted by electors of this
				  Commonwealth.
Gubernatorial regulation
-A regulation which
				  is not an administrative regulation.
Guideline
-A document, other than an
				  adjudication, interpretation or regulation, which announces the policy an
				  agency intends to implement in future rulemakings, adjudications or which will
				  otherwise guide the agency in the exercise of administrative discretion. The
				  document may not amend, repeal or suspend a published regulation or otherwise
				  effectively circumscribe administrative choice, but shall establish a framework
				  within which an agency exercises administrative discretion. If authorized by
				  statute, the documents may be incorporated into or published as regulations.
				  The term includes, but is not limited to:
(i) Plans for agency operation and
				administration which establish important policies to be utilized in the future
				exercise of administrative discretion.
(ii) General policies and plans for the award
				and administration of discretionary grants of public monies.
(iii) Announcements of principles and
				standards to be applied in future adjudications.
Interpretation
-A statement of policy, other
				  than a guideline, which is issued by an agency without reliance upon express or
				  implied rulemaking authority, or which is issued by an agency which does not
				  have express or implied rulemaking authority with regard to the matters covered
				  by the document. The document may not amend, repeal or suspend a published
				  regulation. If it is unclear whether an agency intended to rely upon rulemaking
				  authority in adopting a document, a document with substantial impact upon the
				  public shall be classified as a regulation, rather than an interpretation. The
				  term includes, but is not limited to:
(i) Explanations or interpretations of agency
				regulations.
(ii) Procedures
				governing applications, awards and administration of discretionary grants of
				public monies.
(iii) Generalized
				rulings announcing an interpretation of law or regulation to be applied in
				future adjudications or other administrative actions.
(iv) Explanations or interpretations of
				statutes or regulations over which the agency does not possess rulemaking
				authority.
Issue
-To prescribe or promulgate.
Joint Committee
or
JCD
-The
				  Joint Committee on Documents created by the act.
Official text
-The text of a document issued,
				  prescribed or promulgated by an agency as published by authority of the act
				  which has become in the manner provided by the act the only valid and
				  enforceable text of the document.
Regulation
-A rule or regulation or order in
				  the nature of a rule or regulation, promulgated by an agency under statutory
				  authority in the administration of a statute administered by or relating to the
				  agency, or prescribing the practice or procedure before the agency.
Statement of policy
-A document, except an
				  adjudication or a regulation, promulgated by an agency which sets forth
				  substantive or procedural personal or property rights, privileges, immunities,
				  duties, liabilities or obligations of the public or a part thereof. The term
				  includes a document interpreting or implementing a statute enforced or
				  administered by an agency. The term includes, but is not limited to, guidelines
				  and interpretations.
This section cited in 4 Pa. Code §
											1.61 (relating to force and
					 effect); and 51 Pa. Code §
											51.1 (relating to general
					 provisions).