52 Pa. Code § 1001.2 - Scope of subpart and severability
(a) This subpart governs practice and
procedure before the Authority, and is intended to supplement 2 Pa.C.S.
(relating to administrative law and procedure) and 1 Pa. Code Part II (relating
to General Rules of Administrative Practice and Procedure).
(b) The provisions of every section,
subsection or other division of this part are severable. If any provision of
any section, subsection or other division of this part or the application
thereof to any person or circumstance is held invalid, the remainder of the
section, subsection or other division, and the application of that provision to
other persons or circumstances, will not be affected thereby, unless a court
finds that the valid provisions of the section, subsection or other division
are so essentially and inseparably connected with, and so depend upon, the void
provision or application, that it cannot be presumed the Authority would have
promulgated the remaining valid provisions without the void one; or unless the
court finds that the remaining valid provisions, standing alone, are incomplete
and are incapable of being executed in accordance with the legislative
intent.
(c) Subsection (a)
supersedes 1 Pa. Code §
31.1 (relating to scope of
part).
Notes
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