Current through Register Vol. 54, No. 49, December 7, 2024
Section 23.111 - Cross references to supplying or superseding statutes(a)Alternative drafting techniques.-If a statutory provision has been omitted from a revision pursuant to the rules set forth in § 21.32 (relating to provisions supplied and impliedly repealed by later statute) and § 21.33 (relating to provisions superseded by general statute), the following three drafting techniques are available with respect to possible cross references between the revision and the supplying or superseding general statute: (1)No mention.-The revision may be wholly silent on the subject covered by the general statute and on the existence of such statute. This technique is preferred, since it eliminates later problems concerning the continued maintenance of the accuracy of the language of the cross reference following revision or reenactment of the general statute.(2)Reference to subject matter.-The revision may make a reference to the subject covered by the general statute, as follows: The final order of the department upon the application for a certificate of authority under this section shall be subject to judicial review in the manner and within the time provided by law.
(3)Reference to statute.-The revision may make specific reference to the general statute, as follows: The final order of the department upon the application for a certificate of authority under this section shall be subject to judicial review in the manner and within the time provided by Title 2 (relating to administrative law and procedure).
(b)Preferred practice.-The preferred practice, however, when it is desired to call the statute specifically to the attention of the reader, is to mention the citation of the statute in the source notes accompanying the new section, where they will ordinarily be used by Purdon's Statutes as the basis of an unofficial cross reference. Reference should be made to Subchapter C of Chapter 25 (relating to tables and source notes). This section cited in 101 Pa. Code § 21.32 (relating to provisions supplied and impliedly repealed by later statute); 101 Pa. Code § 21.33 (relating to provisions superseded by general statute); and 101 Pa. Code § 25.22 (relating to elimination of departures from uniform style of the Statutes).