§ 5.1. Official text of published documents.
(a) Under 45 Pa.C.S. § 901 (relating to official text of published documents), the official text, as published as provided in this part, of a document required or authorized to be published under this part, shall from the date of the publication be the only valid and enforceable text of the document regardless of a discrepancy between the official text and the agency text of the document; that thereafter an amendment to the document shall be drawn as an amendment to the official text thereof; that if an agency discovers a discrepancy between the agency text and the official text of a document, the agency shall forthwith deposit, without regard to the requirements of § § 7.1 and 7.2 (relating to notice of proposed rulemaking required; and adoption of regulations) with the Bureau an appropriate corrective amendment to the official text; that the agency may specify that the amendment shall be effective as of the effective date of the defective official text; that only persons who have had actual knowledge of the discrepancy shall be affected by the amendment prior to the publication of the official text thereof in the manner prescribed in this part; and that the purpose of the requirement is to permit the public to rely absolutely upon the correctness of the text of a regulation, statement of policy or other document as published under this part by declaring the published text to be the only legal evidence of the valid and enforceable text of the regulation, statement of policy or other document.
(b) The provisions of 45 Pa.C.S. § § 722 and 901 (relating to deposit of documents required; and official text of published documents), provide that notwithstanding 45 Pa.C.S. § 901, the text of any home rule charter, amendment or repeal, as published as provided in this part, shall from the date of the publication be prima facie evidence of the text approved by the electors.
Source The provisions of § 5.1(b) added by JCD Order No. 8, dated November 10, 1970, 1 Pa.B. 480. Immediately preceding text appears at serial page (0074).
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