Section 7.4. Omission of notice of proposed rulemaking

An agency may omit or modify the procedures specified in § § 7.1 and 7.2 (relating to notice of proposed rulemaking required; and adoption of regulations) if:

(1) The administrative regulation or change relates to one of the following:

(i) Military affairs.

(ii) Agency organization, management or personnel.

(iii) Agency procedure or practice.

(iv) Commonwealth property, loans, grants, benefits or contracts.

(v) The interpretation of a self-executing statute or administrative regulation.

(2) Persons subject to the administrative regulation or change are named and are either personally served with notice of the proposed promulgation, amendment or repeal or otherwise have actual notice thereof under statute.

(3) The agency for good cause finds—and incorporates the finding and a brief statement of the reasons therefor in the order adopting the administrative regulation or change—that the procedures specified in § § 7.1 and 7.2 are in the circumstances impracticable, unnecessary or contrary to the public interest.

Notation

Notes of Decisions

Regulation was properly promulgated under section 204 of the act (45 P. S. § 1204) because the amendments were necessary to meet an emergency situation to speed the prosecution of drunk drivers and a delay in promulgation could have posed a risk to public safety. Jeffers v. Department of Transportation, 601 A.2d 401 (Pa. Commw. 1991).

Cross References

This section cited in 1 Pa. Code § 7.1 (relating to notice of proposed rulemaking).