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ZIMMERMAN v. O'BANNON

497 Pa. 551 (1982)

442 A.2d 674

Leroy S. ZIMMERMAN, in his official capacity as Attorney General of the Commonwealth of Pennsylvania, Appellant, v. Helen B. O'BANNON, in her official capacity as Secretary of the Department of Public Welfare, Appellee.

Supreme Court of Pennsylvania.

Decided March 11, 1982.

Attorney(s) appearing for the Case

Joel M. Ressler, Deputy Atty. Gen., for appellant.

Myra W. Sacks, Harrisburg, for appellee.

Before O'BRIEN, C.J., and ROBERTS, NIX, LARSEN, FLAHERTY, McDERMOTT and HUTCHINSON, JJ.

OPINION

NIX, Justice.

This appeal requires an interpretation of the Attorney General's right to stay the promulgation of a proposed rule or regulation under Section 204(b) of the Commonwealth Attorneys Act (Act), Act of October 15, 1980, P.L. 950, No. 164, § 101, 71 P.S. § 732-101 et seq. The Department of Public Welfare (DPW) prepared a personal care boarding home plan and implementing regulations...

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