Subchapter B. CITATIONS OF AUTHORITY
GENERAL Sec.
9.201. General requirements.
9.202. Agency responsibility; amendments.
9.203. Provision for flexibility.
PLACEMENT
9.211. Coverage of single section.
9.212. Blanket coverage.
9.213. Combined blanket and separate coverage.
9.214. Combined blanket coverage.
9.215. Documents involving various amendments.
9.216. Nonstatutory elements.
FORM
9.221. General.
9.222. Statutory materials.
9.223. Nonstatutory Federal materials.
Authority The provisions of this Chapter 9 issued under sections 206 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. § 1206); and 45 Pa.C.S. § § 503, 701 and 723, unless otherwise noted.
Source The provisions of this Chapter 9 adopted by JCD Order No. 4, dated July 8, 1969, unless otherwise noted.
§ 9.201. General requirements.
Section 206 of the act (45 P. S. § 1206) requires that an administrative regulation or change indicate the statutory or other authority under which it is promulgated. Accordingly, a section in a document subject to codification shall include, or shall be covered by, a complete citation of the rulemaking authority under which the provisions of the section are issued, including the following:
(1) General rulemaking authority delegated by The Administrative Code or other similar general statute.
(2) Specific rulemaking authority, if any, delegated by statute.
(3) Executive delegations, if any, necessary to link the statutory authority to the issuing agency.
Notes of Decisions If an agency cites the correct statutory authority in its notice of proposed rulemaking but cites an incorrect statutory authority in adopting those rules, the correct statutory authority is not carried over to the adoption, and the rules are invalid and of no force or effect. Commonwealth v. Bodamer, 397 A.2d 871, 872 (Pa. Cmwlth. 1979).
Where the statute authorizing the promulgation of a regulation is repealed, the regulation is not binding, as regulations may not exceed the scope of their authorizing statute. Reese v. Pennsylvanians for Union Reform, 173 A.3d 11143, 1156 (Pa. 2017); Smith v. Firemens Insurance Company of Newark, New Jersey, 404 Pa. Superior Ct. 93, 96-97, 590 A.2d 24, 26 (1991).
A regulation is interpretive, rather than legislative, if the agency is without statutory authority or fails to follow the required procedure. Slippery Rock Area v. Unemployment Comp., 983 A.2d 1231, 1237 (Pa. 2009).
An agency cannot confer authority upon itself by regulation. Any power exercised by an agency must be conferred by the General Assembly in express terms. Sunrise Energy, LLC v. FirstEnergy Corp., 148 A.3d 894 (Pa. Cmwlth. 2016).
Without an amendment to statutory authority, an agency cannot re-enact a legislative regulation to override an appellate court decision. Lerch v. Unemployment Compensation Board of Review, 180 A.3d 545 (Pa. Cmwlth. 2018).
§ 9.202. Agency responsibility; amendments.
The accuracy and integrity of citations of authority are the responsibility of the issuing agency. The citations shall be formally amended by the issuing agency to reflect changes in authority.
§ 9.203. Provision for flexibility.
The Bureau is authorized to make exceptions to requirements respecting the placement and form of citations of authority whenever strict application of the requirements would impair the practical usefulness of the citations.
PLACEMENT
§ 9.211. Coverage of single section.
Authority covering a single section shall be cited following the word ‘‘Authority’’ and placed as a text note immediately following the text of the section as follows:
Authority The provisions of this section issued under section 206 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. § 1206).
Source The provisions of this § 9.211 amended by JCD Order No. 12, dated January 3, 1972, 2 Pa.B. 56. Immediately preceding text appears at serial page (0245).
§ 9.212. Blanket coverage.
Authority covering a group of two or more consecutive sections shall be cited following the word ‘‘Authority’’ and placed as a text note immediately preceding the first section in the group, as follows:
Authority The provisions of this Chapter 9 issued under section 206 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. § 1206).
Source The provisions of this § 9.212 amended by JCD Order No. 12, dated January 3, 1972, 2 Pa.B. 56. Immediately preceding text appears at serial page (0245).
§ 9.213. Combined blanket and separate coverage.
When individual sections within a group covered by a blanket citation reflect additional authority, a combined form shall be used, as follows:
Authority The provisions of this § 9.213 issued under section 603 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. § 1603).
Source The provisions of this § 9.213 amended by JCD Order No. 12, dated January 3, 1972, 2 Pa.B. 56. Immediately preceding text appears at serial page (0246).
§ 9.214. Combined blanket coverage.
When a group of two or more consecutive sections within a broader group covered by a blanket citation reflect the same additional authority, combined blanket citations shall be used. Note also that The Administrative Code is cited only by a short title, as follows:
Authority The provisions of this § 9.214 issued under section 603 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. § 1603); section 501 of The Administrative Code of 1929 (71 P. S. § 181).
Source The provisions of this § 9.214 amended by JCD Order No. 12, dated January 3, 1972, 2 Pa.B. 56. Immediately preceding text appears at serial page (0246).
§ 9.215. Documents involving various amendments.
(a) When a document prescribes various amendments, issued under common authority, the citation to the authority shall be placed in parentheses on a separate line following the last amendment.
(b) When a document prescribes various amendments issued under varying authorities, an amendatory proposition shall be followed by the appropriate citation in parentheses on a separate line.
§ 9.216. Nonstatutory elements.
Documents required to be cited as authority shall be placed after a required statutory elements, as follows:
Authority The provisions of this § 9.216 issued under section 603 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. § 1603); Ex. Dr. No. 29 (October 3, 1963), 1 Pa.B. 413, 3 Pa. Code 1959-63 Comp.
Source The provisions of this § 9.216 amended by JCD Order No. 12, dated January 3, 1972, 2 Pa.B. 56. Immediately preceding text appears at serial page (0246).
FORM
§ 9.221. General.
The shortest form of citation compatible with positive identification and ready reference shall be used in formal citations of authority. The Bureau is prepared to assist agencies in developing model citations under this criterion.
§ 9.222. Statutory Materials.
(a) Pennsylvania Consolidated Statutes. In citing a statutory provision contained in the Pennsylvania Consolidated Statutes the form of citation used shall be the same as if the citing document were a statutory provision codified under a title of the Pennsylvania Consolidated Statutes other than that in which the reference occurs.
(b) Acts of Assembly. In citing a statute enacted by the General Assembly, reference shall be made to date of enactment, act number, special session number and section. The parallel Purdon’s Statutes citation shall be given whenever possible. In multiple citations, references to the statutes shall be arranged chronologically and grouped separately, preceding the group of parallel Purdon’s Statutes citations.
(c) Statutes at Large and United States Code. In citing the United States Statutes at Large, reference shall be made to section, volume and page. The page number shall refer to the page on which the section cited begins. The parallel United States Code citation shall be given whenever possible. In multiple citations, references to the United States Statutes at Large shall be arranged chronologically and grouped separately, preceding the group of parallel United States Code citations.
Source The provisions of § 9.222 amended by JCD Order No. 12, dated January 3, 1972, 2 Pa.B. 56. Immediately preceding text appears at serial page (2253).
§ 9.223. Nonstatutory Federal materials.
Documents shall be cited by Federal Register volume and page, followed, if possible, by the parallel citation to the Code of Federal Regulations, as follows:
T.D. 6721, 29 Fed. Reg. 4997. Special Civil Air Reg. SR-422A, 28 Fed. Reg. 6703, 14 CFR Part 4b. E.O. 11130, 28 Fed. Reg. 12789, 3 CFR 1959-1963 Comp.
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