Authority
The provisions of this Part I issued under Article IV of the Constitution of Pennsylvania, unless otherwise noted.
Note
Filing with the Legislative Reference Bureau and publication in the Pennsylvania Code is ordinarily not a prerequisite to the general validity of Executive Orders, Executive Directives and Proclamations, since section 208 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. § 1208) applies only to ‘‘administrative regulations,’’ a term which under CDL § 102 (45 P. S. § 1102) excludes ‘‘a proclamation, executive order, executive directive or other similar document promulgated by the Governor.’’ However, under 1 Pa. Code § 3.1(a)(1) and (2) (relating to contents Pennsylvania Code) all Executive Orders and Proclamations which are general and permanent in nature and all gubernatorial regulations are required to be published in the Pennsylvania Code. Under 45 Pa.C.S. § 903(a) (relating to effective date of documents) no such gubernatorial document shall be valid as against any person who has not had actual knowledge thereof until such publication has been effected (or waived, e.g. under 1 Pa. Code § 3.41(b) (relating to emergency conditions); see also 1 Pa. Code § 13.74 (relating to effectiveness prior to publication)). The foregoing requirement for publication of gubernatorial documents took effect with respect to documents adopted on or after August 4, 1970. All prior gubernatorial documents have been either readopted or republished since that date or rescinded. See Executive Order 1978-13, 8 Pa.B. 2870.
