PART III. INDEPENDENT REGULATORY REVIEW COMMISSION
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 EXISTING REGULATIONS AND PUBLISHED OR UNPUBLISHED DOCUMENTS 315.1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 Commissions 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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