Current through Register Vol. 54, No. 49, December 7, 2024
Section 21.33 - Provisions superseded by general statute(a)Background.-When the same issue of policy or procedure recurs with sufficient frequency a statute is sometimes enacted which, while not a general statute in the same sense that it is intended to supply and repeal prior statutes on the same subject, as discussed in § 21.32 (relating to provisions supplied and impliedly repealed by later statutes), is intended to establish a general rule which may be relied upon to simplify the drafting of future statues. The following is exemplary: (1)Administrative Agency Law.-The Administrative Agency Law, 2 Pa.C.S. § 701et seq., provides a complete procedural system for the taking of appeals to the Commonwealth Court from the action of Commonwealth agencies which are not appealable under a specific statute. See also 442 Pa.C.S. § 763 (relating to direct appeals from government agencies).(2)Local Agency Law.-The Local Agency Law, 2 Pa.C.S. § 751 et seq., provides a complete procedural system for the taking of appeals to the local court of common pleas from the actions of agencies of political subdivisions which are not appealable under a specific statute. See also 442 Pa.C.S. § 933 (relating to appeals from government agencies).(b)General rule.-When drafting a revision which encompasses statutory provisions which deal with the same subject matter as a nonexclusive, but nevertheless complete, general statute, the duplicating provisions are omitted from the revision. Reference should also be made to § 23.111 (relating to cross references to supplying or superseding statutes) for rules governing cross references to the general statute. This section cited in 101 Pa. Code § 23.111 (relating to cross references to supplying or superseding statutes).