45 Pa. Stat. § 1205

Current through Pa Acts 2024-53, 2024-56 through 2024-111
Section 1205 - Approval as to legality

All administrative regulations and changes therein shall be approved as to legality by the Department of Justice before they are deposited with the Legislative Reference Bureau pursuant to section 207. In the event the Department of Justice shall rule illegal all or any part of any administrative regulations or changes therein, adopted by an agency which is by law independent of the policy supervision and control of the Governor, and such agency or party before such agency supporting such regulations or changes therein shall disagree with the ruling of the Department of Justice, such agency or such party may appeal from the determination of the department to the Commonwealth Court, whereupon the court shall direct the department to approve those parts of the administrative regulations or changes therein ruled illegal which the court finds to be legal. In all other cases the decision of the Department of Justice shall be final and shall not be subject to any form of judicial review at the instance of the agency, or any supporting party, but nothing in this section shall affect the right of any person adversely affected by a regulation or change therein to obtain a determination of the validity thereof in any appropriate proceeding.

45 P.S. § 1205

1968, July 31, P.L. 769, No. 240, art. II, § 205. Amended 1970, July 9, P.L. 477, No. 162, § 1.