· 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 CourtListenerSourced 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.