Monday, March 26, 2007

admin. law - agency interpretation of statute

Malt Beverages Distributors Assn. v. Liquor Control Board - Cmwlth. Court- Feb. 23, 2007

http://www.courts.state.pa.us/OpPosting/CWealth/out/896CD06_2-23-07.pdf

While courts traditionally accord the interpretation of the agency charged with administation of a statute some deference, the meaning of a statute is essentially a question of law for the court. Generally an administrative agency's interpretation of a statute for which it has enforcement responsibility is entitled to substantial deference. However, where an administative interpretation is inconsistent with the statute itself, or where the statutes's meaning is unambiguous, such an interpretation carries little or no weight.