As a matter of first impression, the Commonwealth Court held that the Philadelphia Parking Authority failed to comply with proper administrative procedure in accordance with the Commonwealth documents law in enforcing a taxi cab regulation.

An inspector for the Authority encountered one of the cab company's taxicabs while it was dropping off a passenger and noted that the inspection sticker had expired, both front tires were bald, and the right rear door was missing its rubber gasket. The Authority imposed sanctions because it found that those problems had violated the Authority's taxicab regulation. The cab company challenged the adjudication as invalid as a matter of law because the regulation in question had not been promulgated in accordance with the Commonwealth Documents Law and, as such, was unenforceable. The court explained that when promulgating a regulation, an agency must comply with the requirements set forth in the Commonwealth Documents Law, the Commonwealth Attorneys Act, and the Regulatory Review Act. Regulations promulgated in accordance with those requirements have the force and effect of law. A regulation not promulgated in accordance with the statutory requirements will be declared a nullity. The court agreed that the Authority failed to follow the Commonwealth Documents Law, 45 Pa.C.S. §§ 501-907, and, therefore, the Authority's adjudication, imposing a $1,735 fine and suspension, was a nullity.

Case Law Alert - 3rd Qtr 2010