PART III. INDEPENDENT REGULATORY REVIEW COMMISSION

Chap.

Sec.

101.    [Reserved] … 101.1   
201.    [Reserved] … 201.1   
301.    GENERAL PROVISIONS … 301.1   
303.    MEETINGS OF THE COMMISSION … 303.1   
305.    PROCEDURES FOR DELIVERY AND REVIEWOF PROPOSED REGULATIONS … 305.1   
307.    PROCEDURES FOR DELIVERY AND REVIEWOF FINAL REGULATIONS … 307.1   
309.    ACTION ON REGULATIONS … 309.1   
311.    PROCEDURES FOR REVIEW OF DISAPPROVEDFINAL REGULATIONS … 311.1   
311a.    DELIVERY OF REGULATIONS, COMMENTS, REPORTS AND ORDERS BEFORE AND AFTER THE END OF THE LEGISLATIVE SESSION … 311a.1   
313.    EMERGENCY CERTIFIED REGULATIONS … 313.1   
315.    EXISTING REGULATIONS AND PUBLISHED OR UNPUBLISHED DOCUMENTS … 315.1   

Notes of Decisions

   If a department that promulgated a regulation or the Independent Regulatory Review Commission refuses to review a regulation that is potentially in conflict with a statute, this suggests that redress through a channel other than the court is futile. Therefore, judicial scrutiny is required to ensure that the regulation conforms to the law under which it was promulgated. Keith v. Com. Ex rel. Pennsylvania Dept. of Agriculture, 116 A.3d 756 (2015).

   The Independent Regulatory Review Commission’s function to review proposed regulations is quasi-administrative or quasi-legislative, but it is not an adjudicatory body. Thus, its approval of a regulation is not an adjudication by an administrative agency. Concerned Citizens of Chestnuthill Township v. Department of Environmental Resources, 632 A.2d 1 (Pa. Cmwlth. 1993); appeal denied 642 A.2d 488 (Pa. 1994).

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