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).
