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CHAPTER 5. EFFECT OF PUBLICATION Sec.
5.1. Official text of published documents.
5.2. Certification of official text.
5.3. Effective date of documents required to be published.
5.4. Constructive notice.
5.5. Presumptions created.
5.6. Reasonable notice of hearing.
5.7. Additional notice unnecessary.
5.8. Judicial notice.Authority The provisions of this Chapter 5 issued under 45 Pa.C.S. § § 506507 and 901907, unless otherwise noted.
Source The provisions of this § 5.2 amended by JCD Order No. 5, dated December 2, 1969; amended June 12, 1980, effective June 14, 1980, 10 Pa.B. 2395; amended January 22, 1988, effective January 23, 1988, 18 Pa.B. 332. Immediately preceding text appears at serial page (113422).
§ 5.3. Effective date of documents required to be published.
Under 45 Pa.C.S. § 903 (relating to effective date of documents) no document required under this part to be published except certain judicial documents under 45 Pa.C.S. § 903(b), may be valid as against a person who has not had actual knowledge thereof until the publication has been effected; that publication shall be deemed to have been effected upon the deposit of the Bulletin or the Pennsylvania Code Reporter containing the document in the United States mail for distribution; and that the issue date of the Bulletin and of the permanent supplement to the Code is the day of the deposit.
Cross References This section cited in 1 Pa. Code § 13.74 (relating to effectiveness prior to publication).
§ 5.4. Constructive notice.
Under 45 Pa.C.S. § 904 (relating to constructive notice) unless otherwise specifically provided by statute the publication under this part of any document required or authorized by this part to be so published shall, except in cases where notice by publication is insufficient in statute, be sufficient to give notice of the contents of the document to a person subject thereto or affected thereby.
§ 5.5. Presumptions created.
Under 45 Pa.C.S. § 905 (relating to presumptions created) the publication of a document under this part shall create a rebuttable presumption:
(1) That it was issued, prescribed or promulgated.
(2) That it was approved as to legality, if so required by section 205 of the act (45 P. S. § 1205).
This section cited in 1 Pa. Code § 13.3 (relating to agency action or proceedings invalid in absence of notice required by Joint Committee).
§ 5.7. Additional notice unnecessary.
Under 45 Pa.C.S. § 907 (relating to additional notice unnecessary), except with respect to the time specifically prescribed for the publication of notice, the publication by the Commonwealth government of a notice in the manner prescribed by the act shall constitute full compliance with law notwithstanding any inconsistent provision of a statute.
§ 5.8. Judicial notice.
Under 45 Pa.C.S. § 506 (relating to judicial notice) the contents of the Code, the Pennsylvania Code Reporter and of the Bulletin shall be judicially noticed.
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