No. 32

OFFICIAL OPINION No. 32

Year: 1971Length: 282 wordsOfficial source

Cite as Pa. Op. Att'y Gen. No. 32 (1971)

OFFICIAL OPINION No. 32 State colleges and universities-Commonwealth Documents Law-Application to regulations adopted by boards of trustees. 1. Section 102 of the Commonwealth Documents Law of 1968, 45 P. S. § 1102 makes it clear that the Act is applicable to the rules and regulations adopted by boards of trustees of State-owned colleges and universities. 2. However, the rules here in question may be deemed to fall within the excep- tion provided in Section 204 of the Act, so long as the State Board of Educa- tion and/or the Board of State College and University Directors has issued Rules and Regulations covering the subject and the requirements of the said Section 204. OPINIONS OF THE ATTORNEY GENERAL 57 Dr. David H. Kurtzman Secretary of Education Department of Education Harrisburg, Pennsylvania Dear Dr. Kurtzman: Harrisburg, Pa., May 12, 1971 This is in response to your request for advice dated April 27, 1971, regarding the applicability of the Coll1ll1onwealth Documents Law of 1968, 45 P. S. § 1101 et seq. to rules, regulations and policies adopted by boards of trustees of state-owned colleges and universities. The definitions contained in Section 102 are so broad as to make it clear that the Act is applicable to the rules and regulations in ques- tion. However, it is our opinion that the rules in question may be deemed to fall within the exception provided in Section 204 of the Act so long as the State Board of Education and/ or the Board of State College and University Directors has issued rules or regulations cover- ing the subject and the requirements of the said Section 204 are car- ried out. Very truly yours, J. SHANE CREAMER, Attorney General.