COMMONWEALTH v. ROZIER
67 Pa. D. & C. 2d 536 (1974)
Common Pleas Court of York County, Pennsylvania.
July 3, 1974.
"4. The cited Regulation unlawfully attempts to regulate matters beyond the scope of the authority granted by the General Assembly in the Weights and Measures Act of 1965, and is therefore invalid.
"5. The sentence of `$25 on each count and court costs of $17 or stay in the County Prison for 30 days' is invalid since it is in violation of the defendant's constitutional rights, including the right to equal protection as required by the 14th Amendment of the United States Constitution.
"6. The District Justice failed to file the transcript within twenty days after service of the notice of appeal, as required by the Minor Judiciary Court Appeals Act (42 PS §3003(d)."
At argument, defendant's counsel indicated he was not pressing grounds 1 and 3 and ground 6 was neither briefed nor argued. We, therefore, consider them abandoned. We find no merit in defendant's remaining grounds.
Ground 2 involves the question of whether Regulation 7014 was invalidly promulgated after the term of Attorney General William G. Sennett, ended. The Commonwealth Documents Law of July 31, 1968, P. L. 769, 45 PS §1207 provides:
"The agency text of all administrative and other regulations and changes therein, certified by the executive officer, chairman or secretary of the agency, shall be deposited with the Legislative Reference Bureau."
A copy of the regulation, certified by the Legislative Reference Bureau, shows that pursuant to this section, the regulation was approved by a Deputy Attorney General on June 30, 1970, filed with the Legislative Reference Bureau, on July 17, 1970, and certified by William G. Sennett, the Attorney General under whose jurisdiction the Bureau of Weights and Measures operated. Obviously, the Attorney General's certification, to be legal, must have occurred before he went out of office on July 3, 1970. However, the date of his certification nowhere appears. Indeed, there is no blank space on the form in which such a date could be inserted. The date of adoption of the regulation is shown to be September 14, 1970, which is nothing more than the effective date of the regulation which, in this case, was 60 days after filing it with the Legislative Reference Bureau which was authorized under the Act of December 1, 1965, P. L. 988, as amended, 76 PS 100-8(c).