Tuesday, June 09, 2015

admin. law - Statutory Construction Act applies to agency regulations

Quest Diagnostics Venture LLC v. Commonwealth – Cmwlth. Court – June 9, 2015



The statutory construction rules apply to the interpretation of an agency's regulations. Wheeling-Pittsburgh Steel Corp. v. Dep't of Envtl. Prot., 979 A.2d 931, 937 (Pa. Cmwlth. 2009).


For example,where the words of the regulations are clear and free from all ambiguity, they may not be disregarded under the pretext of pursuing its spirit.   Statutory Construction Act, 1 Pa. C.S. § 1921(b); Pacella v. Washington Cnty. Tax Claim Bureau, 10 A.3d 422, 427 (Pa. Cmwlth, 2010).   In addition, the regulations must be construed, if possible, to give effect to all of its provisions. 1 Pa. C.S. § 1921(a); Wheeling-Pittsburgh Steel, 979 A.2d at 937.