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COM. v. MARKS CONTRACTING, LTD.

850 A.2d 873 (2004)

COMMONWEALTH of Pennsylvania, Appellant v. MARKS CONTRACTING, LTD. Commonwealth of Pennsylvania, Appellant v. Ralph A. Mase.

Commonwealth Court of Pennsylvania.

Decided May 28, 2004.

Attorney(s) appearing for the Case

Dennis A. Whitaker, Harrisburg, for appellant.

David J. Raphael, Harrisburg, for appellee.

BEFORE: COLINS, President Judge, McGINLEY, Judge, SMITH-RIBNER, Judge, PELLEGRINI, Judge, COHN, Judge, SIMPSON, Judge, and LEAVITT, Judge.

OPINION BY Judge COHN.

We must decide whether field inspectors employed by the Department of Environmental Protection (DEP) are vested with the authority, "by law," to issue citations for violations of what is colloquially known as the Blasting Act.1 The Court of Common Pleas of Schuylkill County held that field inspectors are not vested with such authority by law and, so, are not "law enforcement officers" as defined in Pa. R.Crim. P...

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