1 Pa. Code § 17.58. Resolution of disagreements concerning the form or format of documents.

§ 17.58. Resolution of disagreements concerning the form or format of documents.

(a)  Section 722(c) of 45 Pa.C.S. (relating to deposit of documents required) provides that if the Bureau and an agency disagree concerning the form or format of a document required or authorized to be deposited with the Bureau, the agency may refer the matter to the Joint Committee, which will consult with the agency, make alterations in the document as may be necessary in order to retain the substance of the document in a manner consistent with the requirements of this part and will by order prescribe the text of the document which shall become the agency text thereof for the purposes of this part. Matters arising under this section shall be brought to the attention of the members of the Joint Committee in writing by the Bureau or the agency as promptly as practicable, and shall be brought immediately to the attention of the Secretary of the Joint Committee.
(b)  If the head of an agency which has an interest in a document, including the Chairman of the Independent Regulatory Review Commission, disagrees with another agency regarding the form or format of documents promulgated or adopted by the agency which are required or authorized to be deposited with the Bureau, the matters in dispute shall be brought to the attention of the Bureau in writing, and will be considered in the manner set forth in subsection (a). Nothing in this subsection limits or restricts the powers, duties and responsibilities of the Independent Regulatory Review Commission, the Attorney General, the General Counsel or any other Commonwealth Agency, or authorizes the Joint Committee to review determinations made under sections 204(a) and (b), 301(10) and 402(5) of the Commonwealth Attorneys Act (71 P. S. § §  732-204(a) and (b), 732-301(10) and 732-402(5)).
(c)  In considering matters brought before it under this section, the Joint Committee will offer deference to the technical expertise, special competence and administrative judgment of the agency which promulgated or adopted the documents under consideration.

Authority

   The provisions of this §  17.58 amended under section 506 of The Administrative Code of 1929 (71 P. S. §  186), section 206 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §  1206) and 45 Pa.C.S. § §  503, 506, 507 and 701.

Source

   The provisions of this §  17.58 amended November 28, 1986, effective November 29, 1986, 16 Pa.B. 4648. Immediately preceding text appears at serial pages (0286) to (0287).

Cross References

   This section cited in 1 Pa. Code §  15.9 (relating to individual regulations).

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