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· 2/20/2007

Tire Jockey Service, Inc. v. Commonwealth

Citations

  • 915 A.2d 1165
  • 591 Pa. 73
  • 2007 Pa. LEXIS 362

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that valid legislative rule is “binding upon courts as a statute” and constitutes legislative enactment
  • noting that DEP is the executive branch, and is assigned various duties to implement and enforce environmental statutes and regulations
  • ruling on challenge to regulation in context of appeal from enforcement action before Environmental Hearing Board
  • stating that “[t]his Court follows a two-step analysis when reviewing an agency’s interpretation of its governing regulations: (1) whether the interpretation of the regulation is erroneous or inconsistent with the regulation, and (2
  • explaining that an agency’s duly promulgated legislative-type regulation “is valid and binding upon courts as a statute so long as it is (a) adopted within the agency’s granted power, (b) issued pursuant to proper procedure, and (c) reasonable.”
  • finding regulation valid and binding on courts as long as it is adopted within the agency’s granted power, issued pursuant to a proper procedure, and is reasonable

Source: CourtListener parenthetical corpus (CC0).

Judges: Cappy, Castille, Nigro, Newman, Saylor, Eakin, Baer, Former, Messrs

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.