Inc. v. Underground Storage Tank Indemnification Bd., 67 A.3d 142, 153-55 & n. 18 (Pa.Cmwlth.2013) (describing the difference between a statement of policy and regulation, noting that a regulation is a pronouncement that leaves an agency with no discretion to deviate therefrom and that a statement of policy allows discretion, setting forth the requirements for promulgating a valid regulation, and indicating that the failure to properly promulgate a regulation renders the regulation a nullity). 14 . One unreported opinion did not apply the rule of lenity because the statute in question did not define the elements necessary for the individual to be subject to punishment. Selvey v. Pa. Bd. of Prob. and Parole (Pa. Cmwlth., No. 2367 C.D. 2007, filed July 24, 2008), slip op. at 7 n. 4 (<HOLDING>). 15 . Act of May 22, 1951, P.L. 317, as
holding that an important part of due process in the context of parole revocation is a written statement by the factfinders as to the evidence relied on and reasons for revoking parole holding defendant does not waive fourth amendment protection by signing parole agreement but the search condition does confirm right of parole officer to conduct reasonable searches within scope of parole mission holding that section 211a of the act commonly known as the parole act act of august 6 1941 added by section 5 of the act of august 24 1951 pl 1401 as amended formerly 61 ps  33121aa repealed by the act of august 11 2009 pl 147 providing that a convicted parole violator forfeits all the time spent at liberty on parole similar language can be found at section 6138 of the prisons and parole code 61 pa cs 6138a2 was not subject to the rule of lenity because that section did not define elements of a crime but defines the ramifications when an individual who was on parole from a prior crime is convicted of committing a new crime holding that the state courts decision to uphold the parole boards denial of parole was an unreasonable determination of the facts in light of the evidence holding unconstitutional act of june 24 1939 pl 872  528 as amended formerly codified as 18 ps  4528 repealed by act of december 6 1972 pl 1605 no 334  5