§ 13.37. Conferring powers and imposing duties.

 (a)  Except as otherwise provided in subsection (c), powers and duties shall be expressly conferred and imposed by regulation upon departments, boards, commissions and other offices in their institutional capacities, rather than upon the secretary or chief executive officer of the agency or upon an individual administering or serving within the agency or unit thereof, regardless of the title of the officer or individual or the language of the statutory or other authority which authorized the regulation.

 (b)  If the statutory or other authority which authorizes the regulation purports to confer the relevant power or to impose the relevant duty upon an officer or individual rather than upon the agency or unit thereof, a definition of the agency or unit should be utilized indicating that the officer or individual acts through the appropriate agency or unit. For example:

 ‘‘Department—The Department of Education of the Commonwealth.

   If this part confers powers or imposes duties upon the Department which under a statute may be exercised by or imposed on only the Secretary of Education the reference to the Department shall be construed to mean the Department acting by and through the Secretary of Education, or the person for the time being acting as the Secretary of Education, personally.’’

 (c)  The power of appointment may be conferred upon an officer, as such, where it is intended that only the officer, or the person for the time being acting as the officer, may exercise the power.


   The provisions of this §  13.37 added by JCD Order No. 8, dated November 10, 1970, 1 Pa.B. 480.

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