Pennsylvania Code
Title 1 - GENERAL PROVISIONS
Part I - Joint Committee on Documents
Chapter 1 - PRELIMINARY PROVISIONS
Section 1.4 - Definitions
Current through Register Vol. 54, No. 12, March 23, 2024
The following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise:
Act-The act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1102, 1201-1208 and 1602); and 45 Pa.C.S. Chapters 5, 7 and 9, known as the Commonwealth Documents Law.
Adjudication-An order, decree, decision, determination or ruling by an agency affecting personal or property rights, privileges, immunities, duties, liabilities or obligations of a party to the proceeding in which the adjudication is made.
Administrative Code or AC-The Administrative Code of 1929 (71 P. S. §§ 51-732).
Administrative regulation-A regulation except a proclamation, executive order, executive directive or other similar document promulgated by the Governor, and including a regulation which may be promulgated by an agency only with the approval of the Governor.
Agency-The Governor or a department, departmental administrative board or commission, officer, independent board or commission, authority or other agency of this Commonwealth now in existence or hereafter created, but not including the Senate or House of Representatives of this Commonwealth or a court, political subdivision, municipal or other local authority, or an officer or agency of a court, political subdivision or local authority.
Agency text-The text of a document as issued, prescribed or promulgated by the issuing, prescribing or promulgating agency.
Bulletin or Pa.B.-The Pennsylvania Bulletin established by the act.
Bureau-The Legislative Reference Bureau.
Code or Pa. Code-The Pennsylvania Code established by the Commonwealth Documents Law.
Copy-The term includes an electronic or printed version.
Department-The Department of General Services.
Document-A proclamation, executive order, executive directive or similar instrument promulgated by the Governor, and an order, regulation, rule, statement of policy, adjudication, certificate, license, permit, notice or similar instrument issued, prescribed or promulgated by or under the authority of the Commonwealth. The term also includes a home rule charter heretofore or hereafter adopted by electors of this Commonwealth.
Gubernatorial regulation-A regulation which is not an administrative regulation.
Guideline-A document, other than an adjudication, interpretation or regulation, which announces the policy an agency intends to implement in future rulemakings, adjudications or which will otherwise guide the agency in the exercise of administrative discretion. The document may not amend, repeal or suspend a published regulation or otherwise effectively circumscribe administrative choice, but shall establish a framework within which an agency exercises administrative discretion. If authorized by statute, the documents may be incorporated into or published as regulations. The term includes, but is not limited to:
(i) Plans for agency operation and administration which establish important policies to be utilized in the future exercise of administrative discretion.
(ii) General policies and plans for the award and administration of discretionary grants of public monies.
(iii) Announcements of principles and standards to be applied in future adjudications.
Interpretation-A statement of policy, other than a guideline, which is issued by an agency without reliance upon express or implied rulemaking authority, or which is issued by an agency which does not have express or implied rulemaking authority with regard to the matters covered by the document. The document may not amend, repeal or suspend a published regulation. If it is unclear whether an agency intended to rely upon rulemaking authority in adopting a document, a document with substantial impact upon the public shall be classified as a regulation, rather than an interpretation. The term includes, but is not limited to:
(i) Explanations or interpretations of agency regulations.
(ii) Procedures governing applications, awards and administration of discretionary grants of public monies.
(iii) Generalized rulings announcing an interpretation of law or regulation to be applied in future adjudications or other administrative actions.
(iv) Explanations or interpretations of statutes or regulations over which the agency does not possess rulemaking authority.
Issue-To prescribe or promulgate.
Joint Committee or JCD-The Joint Committee on Documents created by the act.
Official text-The text of a document issued, prescribed or promulgated by an agency as published by authority of the act which has become in the manner provided by the act the only valid and enforceable text of the document.
Regulation-A rule or regulation or order in the nature of a rule or regulation, promulgated by an agency under statutory authority in the administration of a statute administered by or relating to the agency, or prescribing the practice or procedure before the agency.
Statement of policy-A document, except an adjudication or a regulation, promulgated by an agency which sets forth substantive or procedural personal or property rights, privileges, immunities, duties, liabilities or obligations of the public or a part thereof. The term includes a document interpreting or implementing a statute enforced or administered by an agency. The term includes, but is not limited to, guidelines and interpretations.
This section cited in 4 Pa. Code § 1.61 (relating to force and effect); and 51 Pa. Code § 51.1 (relating to general provisions).
