Worthington v. Dept. of Agriculture

Dissenting Opinion by

Judge Colins:

I must vigorously dissent.

The majority’s reliance on 58 Pa. Code §163.315 is misplaced. By its adoption of this regulation, the Commission has, in effect, attempted to supercede Section 704 of the Administrative Agency Law, 2 Pa. C. S. §704, through unauthorized fiat. Nowhere in the legislation creating the Horse Racing Commission is there any authority for such a regulation.

The regulation in question is interpretative rather than legislative. This distinction was discussed at great length by our Supreme Court in the case of Commonwealth v. DePasquale, 509…