§ 13.38. Special rules of administrative practice and procedure.

 (a)  If it is intended that a regulation supersede the applicable provisions of Part II (relating to general rules of administrative practice and procedure), the section or other provision of the General Rules of Administrative Practice and Procedure which is superseded shall be expressly cited in the manner provided in §  9.83 (relating to references between or within titles of the Code) accompanied by a statement that the cited provisions of the General Rules are not applicable to the agency or to specified classes of proceedings before the agency. Adherence to this requirement will result in the automatic appearance of the citation of the superseding special rule of administrative practice and procedure in the cross reference note immediately following the superseded provision of the general rules.

 (b)  Special rules of administrative practice and procedure shall be arranged by the agency in a sequence corresponding to the subject matter sequence of the general rules and a superseding special rule shall be limited in scope of subject matter to the scope of the general rule which it is intended to supersede. The reference required by subsection (a) shall appear as the last subsection of the superseding section. For example,

    §  1.24. Copies of briefs.

    (a) Except where filing of a different number is permitted or directed by the commission, 14 copies of each brief shall be furnished for the use of the commission.

    (b) Subsection (a) supersedes the last sentence of 1 Pa. Code §  35.193 (relating to filing and service of briefs).


   The provisions of this §  13.38 added by JCD Order No. 11, dated July 13, 1971, 1 Pa.B. 1555.

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