Current through Register Vol. 54, No. 49, December 7, 2024
Section 7.5 - Approval as to legality(a) Section 205 of the act (45 P. S.§ 1205) provides that administrative regulations and changes shall be approved as to legality Department of Justice before they are deposited with the Bureau under section 207 of the act (45 P. S. § 1207); that in the event the Department of Justice shall rule illegal an administrative regulation or change, adopted by an agency which is by statute independent of the policy supervision and control of the Governor, and the agency or a party before the agency supporting the regulations or changes shall disagree with the ruling of the Department of Justice, such agency or the party may appeal from the determination of the Department of Justice to the Commonwealth Court; that in other cases the decision of the Department of Justice shall be final and may not be subject to a judicial review at the instance of the agency, or a supporting party, and that nothing in the section shall affect the right of a person adversely affected by a regulation or change to obtain a determination of the validity thereof in an appropriate proceeding.(b) Section 205 of the act was repealed by section 504 of the Commonwealth Attorneys Act (71 P. S. § 732-504) insofar as it was inconsistent. Reference should be made to § 13.16 (relating to approval as to legality).The provisions of this § 7.5 amended by JCD Order No. 8, dated November 10, 1970, 1 Pa.B. 480.