15 Pa. Commw. 462 | Pa. Commw. Ct. | 1974
Opinion by
Before us is a motion by the Insurance Department of the Commonwealth of Pennsylvania (Insurance Department) to quash an appeal taken by the Insurance Company of North America (INA) from the promulga
INA predicates its appeal to this Court from the promulgation of the regulations and the dismissal of its objections thereto solely upon Section 41 of the Administrative Agency Law, Act of June 4, 1945, P. L. 1388, as amended, 71 P.S. §1710.41, which reads in pertinent part as follows: “Within thirty days after the service of an adjudication . . . any person aggrieved thereby who has a direct interest in such adjudication shall have the right to appeal therefrom . . . .” (Emphasis added.)
Our inquiry in this regard is controlled by the definition of “adjudication” contained in Section 2(a) of the Administrative Agency Law, 71 P.S. §1710.2(a),
INA contends that the promulgation of the instant regulations is a “determination” or “ruling” by the Insurance Department which affects its property rights and obligations, and is therefore an appealable “adjudication.” It is clear, however, that the “determination” or “ruling” referred to in Section 2(a) speaks of ad
This functional dichotomy is recognized by the definition of “regulation” contained in Section 2(e) of the Administrative Agency Law, 1710.2(e), which provides that: “ ‘Regulation’ means any rule, regulation or order in the nature of a rule or regulation, of general application and future effect, promulgated by an agency under statutory authority in the administration of any statute administered by or relating to the agency, or prescribing the practice or procedure before such agency.” No right of appeal is provided under the Administrative Agency Law from the mere promulgation of a regulation. Given the admitted general applicability and future effect of the instant regulations, it is clear that both fall within the definition of “regulation” under Section 2(e), and accordingly no right of appeal
We therefore issue the following
Order
And Now, October 31, 1974, the motion to quash the above appeal is hereby granted. The appeal of the Insurance Company of North America is quashed.
As amended, by the Act of July 31, 1963, P. L. 425, 71 P.S. §1710.2(a). As far as relevant to this appeal, the amendment to Section 2(a) reenacts the prior definition of “adjudication” contained in the 1945 Act, but adds to the enumerated exclusions from the definition “releases from mental institutions.”
See e.g., Section 46 of the Milk Marketing Law, Act of July 30, 1968, P. L. 963, 31 P.S. §700j-901 (Supp. 1974-1975). This provision makes the promulgation of certain regulations fixing the price of milk tantamount to an adjudication which may be directly appealed to this Court by an aggrieved party. G.S.F. Corp. v. Milk Marketing Board, 4 Pa. Commonwealth Ct. 230, 184 A. 2d 924 (1971).
This writer dissented in Manheim Township School District v. State Board of Education, supra, and LaCamera v. Board of Probation and Parole, supra, upon the belief that the administrative actions there involved immediately affeeted the personal and property rights of the appellants, and thus they had a right of appeal under Article V, Section 9 of the Constitution of Pennsylvania adopted in 1968. The promulgation of the instant regulations do not have this immediate effect upon the personal or property rights of IN A, and INA will have future appellate recourse when the regulations are specifically enforced against it.