Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 13 - PREPARATION AND TRANSMITTAL OF DOCUMENTS GENERALLY › ORIGINAL AND DUPLICATE ORIGINAL › Section 13.16 - Approval as to form and legality

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Attorney General.
Section 204(b) of the Commonwealth Attorneys
				  Act (71 P. S. §
											732-204(b)) provides that
				  the Attorney General shall review for form and legality proposed rules and
				  regulations of Commonwealth agencies as defined in section 102 of the
				  Commonwealth Attorneys Act (71 P. S. §
											732-102) before they are deposited with the
				  Bureau as required by section 207 of the act (45 P. S. §
											1207). Section 204(b) of the Commonwealth
				  Attorneys Act provides that if the Attorney General determines that a rule or
				  regulation is in improper form, not statutorily authorized or unconstitutional,
				  he shall notify, in writing, within 30 days after submission the agency
				  affected. The Office of General Counsel and the General Assembly through the
				  Offices of the Secretary of the Senate and the Chief Clerk of the House of
				  Representatives of the reasons for the determination. The Commonwealth agency
				  may revise a rule or regulation to meet the objections of the Attorney General
				  and submit the revised version for his review. If the agency disagrees with the
				  objection, it may promulgate the rule or regulation with or without revisions
				  and shall publish with it a copy of the Attorney General's objections, the
				  Attorney General may appeal the decision of the agency by filing a petition for
				  review with the Commonwealth Court in the manner provided for appeals from
				  final orders of government agencies under
				  42 Pa.C.S. §
											763
				  (relating to direct appeals from government agencies) and may include in the
				  petition a request for a stay or supersedeas of the implementation of the rule
				  or regulation which upon a proper showing shall be granted. If a rule or
				  regulation has been submitted to the Attorney General and he has not approved
				  it or objected to it within 30 days after submission, the rule or regulation
				  shall be deemed to have been approved.
(b)
General Counsel.
Section
				  301(10) of the Commonwealth Attorneys Act (71 P. S. §
											732-301(10)) provides that
				  the General Counsel shall review and approve for form and legality proposed
				  rules and regulations of executive agencies as defined in § 102 of the
				  Commonwealth Attorneys Act (71 P. S. §
											732-102) before they are deposited with the
				  Bureau as required by section 207 of the act (45 P. S. §
											1207).
(c)
Counsel for independent
				  agencies.
Section 402(5) of the Commonwealth Attorneys Act
				  (71
				  P. S. §
											732-402(5))
				  provides that each counsel for an independent agency as defined in § 102
				  of the Commonwealth Attorneys Act shall review and approve for form and
				  legality proposed rules and regulations of the independent agency before they
				  are deposited with the Bureau as required by section 207 of the act.
(d)
Forms.
Two endorsements
				  are required for documents under this section. In the case of executive agency
				  documents, they shall be made by the Office of Attorney General and the Office
				  of General Counsel. In the case of independent agency documents, they shall be
				  made by the Office of Attorney General and the counsel for independent agency.
				  Endorsements shall be in the following form:
"Copy approved as to form and legality."
which shall be followed by the name of the Office of
					 Attorney General and the name of the Office of General Counsel or the counsel
					 for the independent agency and the signatures of the persons endorsing in
					 ink.
(e)
Designation.
The Office of Attorney General, the Office of
				  General Counsel and the counsel for independent agencies shall designate, in
				  writing, to the Bureau of names of persons authorized by them to certify
				  documents as to form and legality.
(f)
Lack of approval by Attorney
				  General.
If the Attorney General declines to certify a document under
				  section 204(b) of the Commonwealth Attorneys Act and the Commonwealth agency
				  chooses to promulgate the document, the Commonwealth agency shall deposit for
				  publication a copy of the objections of the Attorney General with the document.
				  If a document has been submitted to the Attorney General and he has not
				  approved or objected to it within 30 days after submission, the Commonwealth
				  agency shall deposit a statement to that effect, including appropriate
				  dates.