Representative Kathy Rapp
65th District
Pennsylvania House of Representatives
Media Contact: Ty McCauslin
717.772.9979
RepRapp.com / Facebook.com/RepRapp
FOR IMMEDIATE RELEASE
September 14, 2021
Rapp, Health Committee Issue Regulatory Review
Act Challenge to Acting Health Secretary’s School Mask Mandate
HARRISBURG – House Health Committee Majority Chair Kathy Rapp
(R-Warren/Crawford/Forest)
convened a voting meeting on Tuesday to adopt the letter (excerpted below)
requesting a determination from the
Commonwealth Joint Committee on Documents on whether the acting Health
secretary’s K-12 schools
and child care centers indoor masking mandate is subject to the
regulatory process and the
Regulatory Review Act:
“On behalf of the Pennsylvania House of Representatives Health
Committee, I am writing to request
a determination, pursuant to section 7.1 of the Regulatory Review
Act, that the Order of the Acting
Secretary of the Pennsylvania Department of Health Directing
Face Coverings in School Entities,
effective beginning on Sept. 7, 2021, should be promulgated as a
regulation.
“Failure to implement and follow the control measures under the
order subjects a person to the
penalty provisions of the Disease Prevention and Control Law of 1955
(DPCL) and purportedly
may also result in the loss of sovereign immunity exposing
individuals to personal liability…(relating to
willful misconduct), as well as other remedies as provided by law.
“Based upon the facts above, acting Secretary Beam violated the
law by issuing the Aug. 3l
Order because the order is a ‘rule’ or ‘regulation’ and Beam did
not follow the rulemaking
procedures that are required under the Commonwealth
Documents Law and the Regulatory
Review Act.
“The General Assembly enacted the Regulatory Review Act to
establish a structured procedure for
oversight and review of regulations adopted pursuant to its delegation of
legislative power to the
numerous Commonwealth departments, agencies, boards, and commissions
within the executive
branch of government to adopt rules and regulations to implement statutes.
The Regulatory
Review Act fosters executive branch accountability and provides
ultimate review of regulations
by the General Assembly.
“Only when an agency’s substantive regulations are properly
enacted under the Commonwealth
Documents Law, do they have the force and effect of law.
“The order, when applied, restricts the discretionary power of
the Department of Health and is, thus,
like a regulation. It mandates all individuals connected to a school
entity to wear a face covering
unless they qualify under one of the state exceptions.
“In conclusion, the application and effect of the language in
the Order shows the pronouncement to
be restrictive, directive and substantive—all of the
characteristics of a regulation.
“Accordingly, the House Health Committee requests a
determination by the Joint Committee on
Documents that the order issued by the acting Secretary of
Health on Aug. 31,2021, is an order
in the nature of a regulation and is subject to the regulatory
process. Given that the Order is
currently ‘effective,’ the Committee also respectfully asks that this
determination be expedited.”
Follow the link below to view Chair Rapp’s
complete letter and list of signatories