1 Pa. Code § 13.3 - Agency action or proceedings invalid in absence of notice required by Joint Committee

(a) Section 725(b) of 45 Pa.C.S. (relating to additional contents of Pennsylvania Bulletin) provides that whenever the Joint Committee finds, after notice to the agency affected and opportunity for hearing, that public notice of an agency action or proceeding or class of actions or proceedings is required by due process of law, or in the discretion of the Joint Committee should otherwise be given for the information of the public, the Joint Committee may by regulation require the agency to prepare and deposit under this part notice of an action or proceeding at a time and containing information as this part may require, and that if an agency fails to deposit a notice required by this part the action of the agency or the results of the proceeding is not valid.

(b) The following requirements are imposed under subsection (a):

(1) Notices of agency actions or proceedings which are conducted under the requirements or authority of the statutory provisions specified in the table immediately following this section shall be published in the Bulletin.

(2) Except as provided in paragraph (3), an agency shall prepare and deposit under this part notice of an action or proceeding specified in paragraph (1) within such time as to result under the appropriate schedule provided in this Chapter in publication of the notice in the Bulletin at such time that the period between the date of publication of the issue of the Bulletin containing the notice and the date fixed in such notice for the taking of the agency action or for the hearing or the termination of the opportunity to be heard in the agency proceeding shall be the period specified in § 5.6 (relating to reasonable notice of hearing).

(3) A document relating to the imposition of a quarantine or embargo, or other document relating to emergency action, may, with the approval of the Bureau, be deposited in one of the following manners:

(i) Immediately upon the opening of the Bureau for business under § 17.3 (relating to location and office hours of the Legislative Reference Bureau) in the case of an emergency action made effective when the Bureau is closed.

(ii) Prior to its effective date in the case of another emergency action.

(4) The documents required by this subsection to be published are in addition to the documents required to be published by Chapter 7 (relating to procedure for adoption or change of regulations).

NOTICES REQUIRED BY ACTION

OF THE JOINT COMMITTEE ON

DOCUMENTS TO BE PUBLISHED

IN THE BULLETIN

(Arranged by Title and Agency)

TITLE 1

JOINT COMMITTEE

ON DOCUMENTS [Docket No. R-2]:

Notice of initial hearing or of opportunity to be heard in connection with proceedings under the following provisions of the act:

45 Pa.C.S. § 725(b) (relating to additional contents of Pennsylvania Bulletin).

45 Pa.C.S. § 732 (relating to required contractual arrangements).

TITLE 7

DEPARTMENT OF AGRICULTURE (Docket No. N-6)

Notice with respect to the specified action or proceedings under the following statutory provisions:

(1) Pennsylvania Meat and Poultry Hygiene Law of 1968:

Section 5 (31 P. S. § 483.5).

(2) Act of July 22, 1913 (P. L. 928, No. 441), known as the Domestic Animal Disease Suppression Law:

Section 6 (71 P. S. § 1221).

(3) Act of April 17, 1929 (P. L. 533, No. 236), known as the Diseased Animal Quarantine Law:

Sections 3-8 (3 P. S. §§ 343-348).

Notes

1 Pa. Code § 13.3

The provisions of this § 13.3 amended by JCD Order No. 12, dated January 3, 1972, 2 Pa.B. 56.