title-1•Title 1 Pa. Code — General Provisions
The official legal codification published under 45 Pa.C.S. § 701 (relating to official codification created) shall be known as the Pennsylvania Code.
History
Under 45 Pa.C.S. § 507 (relating to form of citation) without prejudice to another mode of citation the Code may be cited by title and section number. The approved short form of citation to the Code is ‘‘Pa. Code’’. Thus ‘‘1 Pa. Code § 1.2’’ refers to section 1.2 of Title 1 of the Code.
This section cited in 101 Pa. Code § 15.165 (relating to Pennsylvania Code and Bulletin); and 101 Pa. Code § 23.57 (relating to citation of Pennsylvania Code).
History
(a) The Code is divided into titles which are subdivided as follows:
(1) Parts, identified by Roman numerals, beginning with a title.
(2) Subparts, identified by letters, beginning with a part.
(3) Articles, identified by Roman numerals, beginning with a subpart.
(4) Divisions, identified by Arabic numerals, beginning with an article.
(5) Subdivisions, identified by letters, beginning with a division.
(6) Chapters, identified by Arabic numerals, beginning with a title.
(7) Subchapters, identified by letters, beginning with a chapter.
(8) Sections, identified by Arabic numerals, beginning with a title.
(b) The sections of the Code are subdivided into the following parts:
(1) Subsections, identified by lower case letters.
(2) Paragraphs, identified by Arabic numerals.
(3) Subparagraphs, identified by lower case Roman numerals.
(4) Clauses, identified by capital letters.
(5) Subclauses, identified by capital Roman numerals.
This section cited in 1 Pa. Code § 9.61 (relating to required Code headings); and 1 Pa. Code § 13.31 (relating to punctuation, capitalization and orthography).
History
The following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise: Act—The act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. § § 1102, 1201—1208 and 1602); and 45 Pa.C.S. Chapters 5, 7 and 9, known as the Commonwealth Documents Law. Adjudication—An order, decree, decision, determination or ruling by an agency affecting personal or property rights, privileges, immunities, duties, liabilities or obligations of a party to the proceeding in which the adjudication is made. Administrative Code or AC—The Administrative Code of 1929 (71 P. S. § § 51—732). Administrative regulation—A regulation except a proclamation, executive order, executive directive or other similar document promulgated by the Governor, and including a regulation which may be promulgated by an agency only with the approval of the Governor. Agency—The Governor or a department, departmental administrative board or commission, officer, independent board or commission, authority or other agency of this Commonwealth now in existence or hereafter created, but not including the Senate or House of Representatives of this Commonwealth or a court, political subdivision, municipal or other local authority, or an officer or agency of a court, political subdivision or local authority. Agency text—The text of a document as issued, prescribed or promulgated by the issuing, prescribing or promulgating agency. Bulletin or Pa.B.—The Pennsylvania Bulletin established by the act. Bureau—The Legislative Reference Bureau. Code or Pa. Code—The Pennsylvania Code established by the Commonwealth Documents Law. Copy—The term includes an electronic or printed version. Department—The Department of General Services. Document—A proclamation, executive order, executive directive or similar instrument promulgated by the Governor, and an order, regulation, rule, statement of policy, adjudication, certificate, license, permit, notice or similar instrument issued, prescribed or promulgated by or under the authority of the Commonwealth. The term also includes a home rule charter heretofore or hereafter adopted by electors of this Commonwealth. Gubernatorial regulation—A regulation which is not an administrative regulation. Guideline—A document, other than an adjudication, interpretation or regulation, which announces the policy an agency intends to implement in future rulemakings, adjudications or which will otherwise guide the agency in the exercise of administrative discretion. The document may not amend, repeal or suspend a published regulation or otherwise effectively circumscribe administrative choice, but shall establish a framework within which an agency exercises administrative discretion. If authorized by statute, the documents may be incorporated into or published as regulations. The term includes, but is not limited to:
(i) Plans for agency operation and administration which establish important policies to be utilized in the future exercise of administrative discretion.
(ii) General policies and plans for the award and administration of discretionary grants of public monies.
(iii) Announcements of principles and standards to be applied in future adjudications. Interpretation—A statement of policy, other than a guideline, which is issued by an agency without reliance upon express or implied rulemaking authority, or which is issued by an agency which does not have express or implied rulemaking authority with regard to the matters covered by the document. The document may not amend, repeal or suspend a published regulation. If it is unclear whether an agency intended to rely upon rulemaking authority in adopting a document, a document with substantial impact upon the public shall be classified as a regulation, rather than an interpretation. The term includes, but is not limited to:
(i) Explanations or interpretations of agency regulations.
(ii) Procedures governing applications, awards and administration of discretionary grants of public monies.
(iii) Generalized rulings announcing an interpretation of law or regulation to be applied in future adjudications or other administrative actions.
(iv) Explanations or interpretations of statutes or regulations over which the agency does not possess rulemaking authority. Issue—To prescribe or promulgate. Joint Committee or JCD—The Joint Committee on Documents created by the act. Official text—The text of a document issued, prescribed or promulgated by an agency as published by authority of the act which has become in the manner provided by the act the only valid and enforceable text of the document. Regulation—A rule or regulation or order in the nature of a rule or regulation, promulgated by an agency under statutory authority in the administration of a statute administered by or relating to the agency, or prescribing the practice or procedure before the agency. Statement of policy—A document, except an adjudication or a regulation, promulgated by an agency which sets forth substantive or procedural personal or property rights, privileges, immunities, duties, liabilities or obligations of the public or a part thereof. The term includes a document interpreting or implementing a statute enforced or administered by an agency. The term includes, but is not limited to, guidelines and interpretations.
The provisions of this § 1.4 amended through November 28, 1986, effective November 29, 1986, 16 Pa.B. 4648; amended May 27, 2011, effective May 28, 2011, 41 Pa.B. 2686. Immediately preceding text appears at serial pages (302757) to (302758) and (346905) to (346906).
Construction
A regulation that is at variance with a statute is ineffective to change the statute’s meaning. Geisinger Health System v. Bureau of Workers’ Compensation Fee Review Hearing Office, 138 A.3d 133 (2016).
A defined term is to be applied unless a different meaning can be ascribed to the word or phrase because of its context. Geisinger Health System v. Bureau of Workers’ Compensation Fee Review Hearing Office, 138 A.3d 133 (2016).
An agency’s interpretation of its governing statute and enforcement of a broad statutory directive in not rulemaking. DEP v. Cumberland Coal Resources, 102 A.3d 962 (2014).
Unlike regulations, statements of policy do not have the force of law. Dechert LLP v. Commonwealth, 922 A.2d 87, N.6 (Pa. Cmwlth. 2007).
A determination as to whether a particular statement of policy is an unpromulgated regulation is a question of law. Eastwood Nursing v. Department of Public Welfare, 910 A.2d 134, 141 (Pa. Cmwlth. 2006).
It is well settled law that an agency’s substantive regulations, when properly enacted under the Commonwealth Documents Law, have the force and effect of law and enjoy a general presumption of reasonableness. Eastwood Nursing v. Department of Public Welfare, 910 A.2d 134, 141 (Pa. Cmwlth. 2006).
An agency’s characterization of its own rule as a statement of policy is not dispositive on the issue of whether an agency pronouncement is a statement of policy or a regulation. Eastwood Nursing v. Department of Public Welfare, 910 A.2d 134, 146 (Pa. Cmwlth. 2006).
A ‘‘statement of policy’’ is an announcement to the public of the policy which the agency hopes to implement in future rulemakings or adjudications. Eastwood Nursing v. Department of Public Welfare, 910 A.2d 134, 141 (Pa. Cmwlth. 2006).
A ‘‘statement of policy’’ is defined as a governmental agency’s statutory interpretation which a court may accept or reject depending upon how accurately the agency’s interpretation reflects the meaning of the statute. Eastwood Nursing v. Department of Public Welfare, 910 A.2d 134, 147 (Pa. Cmwlth. 2006).
When the court reviews an administrative agency’s interpretation of its own regulations, it must follow a two step analysis: first, the ultimate criterion is the administrative interpretation, which becomes of controlling weight unless it is plainly erroneous or inconsistent with the regulation, and second, the regulations must be consistent with the statute under which they were promulgated. Popowsky v. Pennsylvania Public Utility Commission, 910 A.2d 38, 52 (Pa. 2006).
Legislative rulemaking is an exercise of legislative power by an administrative agency, pursuant to a grant of legislative power by the legislative body, and is valid and is as binding upon a court as a statute if it is within the granted power, issued under proper procedure, and reasonable. Popowsky v. Pennsylvania Public Utility Commission, 910 A.2d 38, 53 (Pa. 2006).
In determining whether a power has been delegated by the legislature, the Supreme Court is not limited to the letter of the law, but must look to the purpose of the statute and its reasonable effect. Eagle Environmental II, L. P. v. Department of Environmental Protection, 884 A.2d 867, 877 (Pa. 2005).
There is a strong presumption that acts of the General Assembly are constitutional, and Supreme Court will not declare such acts unconstitutional unless they clearly, palpably and plainly violate the constitution. Eagle Environmental II, L. P. v. Department of Environmental Protection, 884 A.2d 867, 880 (Pa. 2005).
In promulgating a regulation to implement a statutory provision, an agency is not bound by a prior court decision interpreting that statutory provision. A regulation must be followed even if prior case law supports a narrower interpretation. Popowsky v. Pennsylvania Public Utility Commission, 853 A.2d 1097, 1106 (Pa. Cmwlth. 2004); appeal granted 868 A.2d 454 (Pa. 2005); affirmed 910 A.2d 38 (Pa. 2006).
Since the Secretary’s budget instructions did not impose standards upon school districts but simply reflected the Secretary’s interpretation of a statute, they are not regulations. Central Dauphin School District v. Department of Education, 608 A.2d 576 (Pa. Cmwlth. 1992).
A statement of policy is not a regulation if it allows adjustment for individual circumstances through adjudication on a case-by-case basis and discretion in application of the statement of policy is allowed. Prudential Property and Casualty Insurance Company v. Insurance Department, 595 A.2d 649 (Pa. Cmwlth. 1991).
Because the Department of Environmental Resources’ standard conditions met the ‘‘binding norm test,’’ the conditions were regulations and not statements of policy which may only be applied after they have been promulgated after notice and comment. The Department was, therefore, without authority to impose such conditions on the issuance and reissuance of mining permits. Department of Environmental Resources v. Rushton, 591 A.2d 1168 (Pa. Cmwlth. 1991); appeal denied 600 A.2d 541 (Pa. 1991).
An interpretation established through interpretive letter may be changed by a new interpretive letter. Cash America Net of Nevada, LLC v. Com., 978 A.2d 1028, 1033 (Pa. Cmwlth. 2009).
In order to replace the statutory rulemaking procedure applicable to Statewide agencies under the Commonwealth Documents Law (CDL), a statute must expressly do so under 45 Pa.C.S. § 508. Moreover, section 508 applies to the Consolidated CDL and Unconsolidated CDL. Therefore, the ‘‘notwithstanding any other provision of law’’ language in Act 94 of 2004 does not exempt the Philadelphia Parking Authority from the statutory rulemaking procedures under the CDL because it is ambiguous. Germantown Cab Co. v. Philadelphia Parking Auth., 36 A.3d 105, 116-20 (Pa. 2012).
Statement of Policy
Directive that establishes procedures to be used when responding to requests for information from the Department of Corrections (DOC) is a statement of policy, not a regulation that is subject to the requirements of the Commonwealth Documents Law; statement was not promulgated by DOC under statutory authority in the administration of any statute and does not establish a standard of conduct that has the force of law. Richardson v. Beard, 942 A.2d 911, 914 (Pa. Cmwlth. 2008).
A general statement of policy is neither a rule nor a precedent but is merely an announcement to the public of the policy that an agency intends to implement in future rulemakings or adjudications, citing Pennsylvania Human Relations Commission v. Nomstown Area School District, 374 A.2d 671, 679 (1977), Cash America Net of Nevada, LLC v. Com., 978 A.2d 1028, 1033 (Pa. Cmwlth. 2009).
A binding norm means that an agency is bound by a statement of policy until the agency repeals it, and if the statement of policy is binding on the agency, it is a regulation. A regulation is binding on an agency and a statement of policy is not. Borough of Bedford v. Com., Dept. of Environmental Protection, 972 A.2d 53 (Pa. Cmwlth. 2014).
A statement of policy expresses at most an agency’s interpretation of law, as that law is expressed in a statute or a regulation, and, accordingly, a person may be charged with a violation of a statute or regulation, but not with a violation of a statement of policy. Borough of Bedford v. Com., Dept. of Environmental Protection, 972 A.2d 53 (Pa. Cmwlth. 2014).
This section cited in 4 Pa. Code § 1.61 (relating to force and effect); and 51 Pa. Code § 51.1 (relating to general provisions).
History
Title, part, subpart, article, division, subdivision, chapter, subchapter and section headings contained in the Code may not be deemed to govern, limit, modify or affect the scope, meaning or intent of the Code. In prescribing regulations governing headings and other matters relating to the form and format of documents, the Joint Committee does not intend that the regulations shall affect the validity or interpretation of a document which is, in fact, filed and published under statute.
History
Except as otherwise stated in a title, part, subpart, article, division, subdivision, chapter, subchapter or section of the Code, the present tense includes the past and future tenses, and the future the present; the masculine gender includes the feminine and neuter, the feminine includes the masculine and neuter, and the neuter includes the masculine and feminine; and the singular includes the plural, and the plural, the singular.
History
Section 1502(a)(2) of 1 Pa.C.S. (relating to application of part) provides that, except as otherwise provided by statute or the agency adopting the document, 1 Pa.C.S. Part V (relating to Statutory Construction Act of 1972) applies to a document codified in the Code except legislative, judicial and home rule charter documents, that is, except documents codified in 101 Pa. Code—365 Pa. Code.
The provision of this § 1.7 amended through June 14, 1974, 4 Pa.B. 1209. Immediately preceding text appears at serial page (0756).
Constitutionality
A statute may be found unconstitutionally vague if it lacks definiteness or adequacy of statutory expression. Commonwealth v. Morgan, 913 A.2d 906, 911 (Pa. Super. 2006).
Party challenging statute’s constitutionality bears a very heavy burden to prove that it is unconstitutional, and all doubts on the question are resolved in favor of a finding of constitutionality. Commonwealth v. Bullock, 913 A.2d 207, 212 (Pa. 2007).
Construction
If two readings of a statute are reasonable, greater deference must be given to the interpretation of the administrative agency responsible for its enforcement. Seneca Landfill v. Dep’t. of Envtl. Protection, 984 A.2d 916, 925 (Pa. Cmwlth. 2008), quoting Bethenergy Mines Inc. v. Dep’t. of Envtl. Protection, 676 A.2d 711 (Pa. Cmwlth.) petition for allowance of appeal denied, 685 A.2d 547 (1996).
Words and phrases in a statute must be construed according to rules of grammar and their common and approved usage; this rule applies as well in interpreting undefined terms in administrative regulations, citing to Martin Media v. Dept. of Transportation, 641 A.2d 630 (1994); Velazquez v. East Stroudsburg, 949 A.2d 354, 358-359 (Pa. Cmwlth. 2008).
The Court must defer to an agency’s interpretation of its rules and regulations unless the interpretation is unreasonable or the interpretation frustrates the legislative purpose. Goslin v. State Board of Medicine, 937 A.2d 531, 535 (Pa. Cmwlth. 2007).
Preambles may be used to resolve an ambiguity in a regulation; however, preambles may not be used to create ambiguity where none exists, and in any case where a preamble is used as a tool to resolve an ambiguous law, the preamble is not controlling. The language in the preamble was not controlling because the regulatory language was clear. UMCO v. Department of Environmental Protection, 938 A.2d 530, 537 (Pa. Cmwlth. 2007).
In interpreting an administrative regulation, as in interpreting a statute, the plain language of the regulation is paramount. Schappel v. Motorists Mutual Insurance Company, 934 A.2d 1184, 1187 (Pa. 2007).
It is well settled that an administrative agency’s interpretation of a statute is given controlling weight unless it is clearly erroneous. Riverwalk Casino v. Pennsylvania Gaming Control Board, 926 A.2d 926, 940 (Pa. 2007).
Purpose of statutory construction is to ascertain and effectuate the intent of the general assembly. Commonwealth v. Walls, 926 A.2d 957, 962 (Pa. 2007).
Where a term is continued to be used in an amendment to a regulation or statute, the presumption is that the term carries the same meaning as before. St. Ignatius v. Department of Public Welfare, 918 A.2d 838, 846 (Pa. Cmwlth. 2007).
In ascertaining the common and approved usage of a word the court may resort to a dictionary. St. Ignatius Department of Public Welfare, 918 A.2d 838, 845 (Pa. Cmwlth. 2007).
Generally, courts defer to an administering agency’s interpretations of its own regulations. Pinto v. State Civil Service Commission, 912 A.2d 787, 794 (Pa. 2006).
Administrative interpretations of a statute are entitled to some deference, particularly where a statute is technical or complex, but such deference will exist only where the reviewing court is satisfied that the regulation tracks the meaning of the statute and does not violate the intent of the legislation. Commonwealth v. Gilmour Mfg. Co., 822 A.2d 676, 679 (Pa. Cmwlth. 2003), order aff’d, 384 A.2d 1103 (Pa. 2003).
For purposes of constitutional challenges based on vagueness, regulations are treated as statutes. Tri-County Industries, Inc. v. Commonwealth, 818 A.2d. 574 (Pa.Cmwlth. 2003); appeal granted 835 A.2d 706 (Pa. 2003); decision affirmed Eagle Erwin II, L.P.V. Com. 884 A.2d 867 (Pa. 2005). The degree of vageness that is constitutionally tolerable depends in part on the nature of the enactment. Id. at 583.
The provision at 1 Pa.C.S. § 1926, providing that no statute may be construed to be retroactive unless clearly and manifestly so intended by the General Assembly, is equally applicable to Horse Racing Commission’s regulations. Bush v. Horse Racing Commission, 466 A.2d 254 (Pa. Cmwlth. 1983).
Statutory construction rules apply equally to the interpretation of administrative regulations, citing Bayada Nurses, Inc. v. Dept. of Labor and Indus., 958 A.2d 1050 (Pa. Cmwlth. 2008), Wheeling-Pittsburgh Steel Corp. v. DEP, 979 A.2d 931, 937 (Pa. Cmwlth. 2009).
Doctrine of Preemption
Under the doctrine of preemption, a municipality may not exercise power or authority in violation of the preemption doctrine, which provides that when the legislature has preempted a field the State has retained all regulatory and legislative power for itself and therefore prohibits local legislation in that area. Michell’s Bar & Restaurant v. Allegheny County, 924 A.2d 730, 736-737 (Pa. Cmwlth. 2007).
General
The principles of statutory construction apply to regulatory provisions as well as statutory provisions. Pennsylvania State Police, Bureau of Liquor Control Enforcement v. Benny Enterprises, Inc., 669 A.2d 1018, 1021 (Pa. Cmwlth. 1996), appeal denied 681 A.2d 1344 (Pa. 1996).
The rules of statutory construction apply to regulations as well as statutes. Fraternal Order of Police Lodge No. 5 v. City of Philadelphia, 590 A.2d 384, 397 (1991).
Regulation
Depending on what type it is, an administrative regulation may be either binding (legislative) or merely entitled to deference (interpretive). Generally, a legistative regulation establishes a substantive rule creating a controlling standard of conduct. An interpretive regulation merely construes and does not expand upon the terms of a statute. Slippery Rock Area v. Unemployment Comp., 983 A.2d 1231, 1236 (Pa. 2009).
Statutory Construction
The rules of statutory construction apply to regulations. Bayada Nurses v. Commonwealth Dep’t of Labor, 958 A.2d 1050, 1055 (Pa. Cmwlth. 2008).
When an agency adopts a regulation under its delegated legislative power, it is valid and as binding as a statute so long as it is adopted within the agency’s granted power, issued pursuant to proper procedure and is reasonable, citing Tire Jockey Serv., Inc. v. Department of Environmental Protection, 915 A.2d 1165 (2007). Bayada Nurses v. Commonwealth Dep’t of Labor 958 A.2d 1050, 1055 (Pa. Cmwlth. 2008).
Agencies’ adoption of substantive regulations result from legislative power granted by the legislature and establish new law, rights or duties that enjoy a general presumption of reasonableness; interpretative regulations construe a statute and do not expand upon its terms, and courts defer to agency interpretations so long as they are reasonable and genuinely tract the meaning of the underlying statute, citing Rohrbaugh v. Pennsylvania Public Utility Commission, 727 A.2d 1088 (1999). Bayada Nurses v. Commonwealth Dep’t of Labor, 958 A.2d 1050, 1057 (Pa. Cmwlth. 2008).
History
(a) The following document shall be codified in the Code:
(1) Proclamations and executive orders of the Governor which are general and permanent in nature.
(2) Administrative and gubernatorial regulations.
(3) Statements of policy which are general and permanent in nature, except statements of policy adopted prior to July 1, 1969.
(4) Home rule charters adopted under PA. CONST. Art. IX, § 2 by a county, city, borough, incorporated town or township or a similar general purpose unit of government.
(5) Documents or classes of documents required to be codified in the Code by statute.
(6) Rules of the Supreme Court of Pennsylvania, including rules relating to practice and procedure in the lower courts of the Commonwealth.
(7) Rules of the Judicial Council of Pennsylvania and the Superior and Commonwealth Courts.
(8) Judicial documents or classes of documents which the Administrative Office of Pennsylvania Courts finds to be general and permanent in nature.
(9) Documents or classes of documents which the Governor, the Joint Committee or the Bureau finds to be general and permanent in nature.
(b) Notwithstanding the provisions of subsection (a), the Bureau may exclude from the Code as published under this section a document or class of documents filed in the Bureau under this part the agency text of which was excluded from the Bulletin under § 3.13(b) (relating to contents of Bulletin).
The provisions of this § 3.1 amended through August 6, 1976, 6 Pa.B. 1836. Immediately preceding text appears at serial page (25639).
This section cited in 1 Pa. Code § 3.3 (relating to periodic supplementation of Code; index); 1 Pa. Code § 3.13 (relating to contents of Bulletin); and 1 Pa. Code § 3.26a (relating to statements of policy).
History
The Bureau shall secure by contract and incorporate into the permanent supplements to the Code annotations relating to classes of documents published in the Code except rules of court.
History
(a) At least once a year documents required to be codified in the Code by § 3.1 (relating to contents of Code) which have been filed in the Bureau shall be permanently integrated into the Code by the publication and distribution of looseleaf pages relating to the affected portion of the Code, or if ordered by the Joint Committee, by the issue or reissue of an appropriate title of the Code or designated portion thereof.
(b) Section 726 of 45 Pa.C.S. (relating to permanent supplements of Pennsylvania Code) requires that at least once a year the index to the Code shall be similarly supplemented or reissued.
(c) At least once a year a tabular listing of the statutory authority cited in the Code as authority for the promulgation of documents shall be issued, supplemented or reissued.
This section cited in 1 Pa. Code § 3.31 (relating to publication of official synopsis in lieu of full text); 1 Pa. Code § 9.301 (relating to unpublished statements of policy adopted prior to January 1, 1985); and 1 Pa. Code § 13.5 (relating to deposit of management directives).
History
Section 724 of 45 Pa.C.S. (relating to preliminary publication in Pennsylvania Bulletin) provides that the Bulletin is the official gazette of the Commonwealth of Pennsylvania.
This section cited in 1 Pa. Code § 9.301 (relating to unpublished statements of policy adopted prior to January 1, 1985).
History
Sections 506 and 507 of 45 Pa.C.S. (relating to judicial notice; and form of citation) provides that without prejudice to another mode of citation the Bulletin may be cited by volume and page number. The approved short form of citation to the Bulletin is ‘‘Pa.B.’’ Thus ‘‘3 Pa.B. 801’’ refers to material beginning on page 801 of Volume 3 of the Bulletin.
History
(a) Except as provided in subsection (b), the following documents shall be published in the Bulletin:
(1) Documents or classes of documents required by a statute other than the act to be published in the Bulletin. A compendium of the statutes is set forth as Tables 1 and 2 in subsection (d). The compendium is for informational purposes only, and the omission from the tables of a reference to a statutory provision which requires publication of a document in the Bulletin may not eliminate or otherwise affect the statutory requirement.
(2) Notices required to be deposited under this part by § 13.3 (relating to agency action or proceedings invalid in absence of notice required by Joint Committee).
(3) Except as provided under § 3.31 (relating to publication of official synopsis in lieu of full text), documents or classes of documents required to be codified in the Code by or under § 3.1(a) (relating to contents of Code).
(4) Agency notices directed to the public with respect to proceedings conducted under an Act of Assembly, the expense of the administration of which is by statute assessed directly against the class of persons regulated or supervised thereunder.
(5) Agency documents, the expense of publication of which is specially assumed by the agency filing the document.
(6) Legislative documents filed with the Bureau under a resolution adopted by either house of the General Assembly.
(7) Judicial documents filed with the Bureau by the Administrative Office of Pennsylvania Courts.
(8) Documents or classes of documents which the Governor, the Joint Committee or the Director of the Bureau may require or authorize to be published in the Bulletin.
(b) Notwithstanding the provisions of subsection (a)(3) and (8), the Bureau, subject to the policy supervision and direction of the Joint Committee, may exclude from the Bulletin as published under this section a document or class of document filed in the Bureau under this part which the Bureau finds to be excessively voluminous and applicable only to:
(1) Agency organization, management or personnel.
(2) Commonwealth property or contracts.
(c) The Bureau shall prepare and publish in the third issue of the Bulletin published in each month a summary table identifying briefly the documents, if any, accepted during the preceding calendar month for filing without publication under subsection (b). The contents of the table will be codified in the Code under the several titles or provisions relating to the subject matter of the uncodified documents respectively.
(d) The compendium of statutes requiring publication in the Bulletin is as follows:
The provisions of this § 3.13 amended through January 25, 1980, effective January 26, 1980, 10 Pa.B. 4. Immediately preceding text appears at serial pages (217405) to (217406) and (325709) to (325715).
This section cited in 1 Pa. Code § 3.1 (relating to contents of Code); 1 Pa. Code § 3.14 (relating to frequency of publication of Bulletin); 1 Pa. Code § 7.8 (relating to unfiled administrative regulations invalid); 1 Pa. Code § 9.301 (relating to unpublished statements of policy adopted prior to January 1, 1985); and 1 Pa. Code § 13.5 (relating to deposit of management directives).
History
The Bulletin shall be published at least once a week and shall contain previously unpublished documents required to be published by § 3.13 (relating to contents of Bulletin) which are filed by the Bureau prior to the closing date and hour of the issue. The closing date and hour of an issue shall be prescribed by the Joint Committee.
The provisions of this § 3.14 amended by JCD Order No. 6 dated May 21, 1970, 1 Pa.B. 10, and JCD Order No. 8, dated November 10, 1970, 1 Pa.B. 480. Immediately preceding text appears at 1 Pa.B. 10, and next preceding text appears at serial page (0069).
History
Documents published in the Bulletin shall be arranged under seven principal headings in the following order:
(1) The Governor.
(2) The General Assembly.
(3) The Courts.
(4) Rules and regulations.
(5) Proposed rulemaking.
(6) Statements of Policy.
(7) Notices.
The provisions of this § 3.21 amended under section 506 of The Administrative Code of 1929 (71 P. S. § 186), section 206 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. § 1206) and 45 Pa.C.S. § § 503, 506, 507 and 701.
The provisions of this § 3.21 amended through November 28, 1986, effective November 29, 1986, 16 Pa.B. 4648. Immediately preceding text appears at serial page (18502).
History
There shall be published under this heading proclamations, executive orders and gubernatorial regulations.
This section cited in 1 Pa. Code § 3.26a (relating to statements of policy); and 1 Pa. Code § 3.27 (relating to notices).
History
There shall be published under this heading material relating to the organization or operation of the General Assembly and the legislative process.
This section cited in 1 Pa. Code § 3.26a (relating to statements of policy); and 1 Pa. Code § 3.27 (relating to notices).
History
There shall be published under this heading material relating to the organization or operation of the judicial branch and the judicial process.
This section cited in 1 Pa. Code § 3.26a (relating to statements of policy); and 1 Pa. Code § 3.27 (relating to notices).
History
There shall be published under this heading notices of final rulemaking submitted under section 202 or 204 of the act (45 P. S. § 1202 or 1204).
The provisions of this § 3.25 amended under section 506 of The Administrative Code of 1929 (71 P. S. § 186), section 206 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. § 1206) and 45 Pa.C.S. § § 503, 506, 507 and 701.
The provisions of this § 3.25 amended through November 28, 1986, effective November 29, 1986, 16 Pa.B. 4648. Immediately preceding text appears at serial page (19278).
This section cited in 1 Pa. Code § 3.26a (relating to statements of policy); and 1 Pa. Code § 3.27 (relating to notices).
History
There shall be published under this heading general notices of proposed rulemaking submitted under section 201 of the act (45 P. S. § 1201) or under other statutes, and similar notices voluntarily deposited by the issuing agency.
This section cited in 1 Pa. Code § 3.26a (relating to statements of policy); and 1 Pa. Code § 3.27 (relating to notices).
History
There shall be published under this heading proposed or final statements of policy which are permanent and general in nature, and other documents not published under § § 3.22—3.26 (relating to the Governor; the General Assembly; the courts; rules and regulations; and proposed rulemaking) which are required by § 3.1 (relating to contents of Code) to be codified in the Code.
The provisions of this § 3.26a amended under section 506 of The Administrative Code of 1929 (71 P. S. § 186), section 206 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. § 1206) and 45 Pa.C.S. § § 503, 506, 507 and 701.
The provisions of this § 3.26a adopted November 28, 1986, effective November 29, 1986, 16 Pa.B. 4648.
This section cited in 1 Pa. Code § 3.27 (relating to notices); and 4 Pa. Code § 1.61 (relating to force and effect).
History
There shall be published under this heading documents not falling within the provisions of § § 3.22—3.26a (relating to the Governor; the General Assembly; the courts; rules and regulations; proposed rulemaking; and statements of policy). These documents include:
(1) Miscellaneous documents not subject to codification in the Code.
(2) Notices of hearings that are not included under proposed rulemaking.
The provisions of this § 3.27 amended October 11, 1974, 4 Pa.B. 2168. Immediately preceding text appears at serial page (0222).
History
(a) The table of contents of an issue of the Bulletin required by 45 Pa.C.S. § 724 (relating to preliminary publication in Pennsylvania Bulletin) shall be indexed according to the names of the issuing agencies.
(b) The cumulative index to the Bulletin required by 45 Pa.C.S. § 724 to be published at least each 3 months covering the contents of the Bulletin shall be an analytical subject index covering the contents of the Bulletin and shall be separately published as currently as practicable. An analytical subject index cumulated over a 12-month period shall be published annually.
History
(a) An issue of the Bulletin shall carry a numerical list of the sections of the Code expressly affected by the documents published in the issue. Beginning with the second issue of a quarter, an issue shall also carry a cumulated list of the sections of the Code affected by documents published during that quarter.
(b) Quarterly codification guides shall be separately published during a calendar year.
History
(a) The Bureau may publish an official synopsis of a document in the Bulletin in lieu of the full text thereof in a case where the full text of the document will be published under § 3.3 (relating to periodic supplementation of Code; index) within 120 days of the publication of the official synopsis.
(b) If the Bureau determines, and publishes notice of the determination in the Bulletin, that the full text of the agency text of a document with respect to which an official synopsis has been published in the Bulletin under subsection (a) is reasonably available to the public through the promulgating agency and that operational or other considerations will prevent the timely publication in the Code of the full text of the document, publication of the full text of the official text of the document may not be required in:
(1) The Code at prior to the date specified by the Bureau in a notice or in an amendment thereof published in the Bulletin.
(2) The Bulletin.
(c) A determination of the Bureau published in the Bulletin under subsection (b) shall include the name and address of the promulgating agency from which and the reasonable terms under which copies of the full text of the agency text of the document may be secured.
(d) At the time the full text of the official text of a document subject to this section becomes available, the Bureau shall publish notice of the availability in the Bulletin.
The provisions of this § 3.31 amended through December 9, 1977, 7 Pa.B. 3593. Immediately preceding text appears at serial page (31352).
This section cited in 1 Pa. Code § 3.13 (relating to contents of Bulletin); 1 Pa. Code § 9.301 (relating to unpublished statements of policy adopted prior to January 1, 1985).
History
(a) Under 45 Pa.C.S. § § 724 and 903 (relating to preliminary publication in Pennsylvania Bulletin; and effective date of documents) the closing date and hour of an issue of the Bulletin shall appear on the first page of an issue; that an issue shall contain a table of contents; that there shall be printed with a document appearing in the Bulletin a notation of the date of filing thereof and of the serial number assigned thereto (which shall be in the form: ‘‘Pa.B. Doc. No. ’’); that the day of deposit of an issue of the Bulletin in the United States mail for distribution shall be the issue date thereof; and that the date shall be printed prominently upon the first page of an issue.
(b) Documents subject to codification in the Code which are published in the Bulletin shall be keyed to the Code and shall serve as temporary supplements thereto.
History
(a) Incorporation by reference. Whenever a document incorporates by reference a portion of the text of the following publications, the Bureau, unless the agency specifies otherwise in its order adopting the document, shall omit the text of the incorporated material from the text of the document as published under this part:
(1) Statutes at Large.
(2) United States Code.
(3) Pamphlet Laws.
(4) Code of Federal Regulations.
(5) Federal Register.
(6) A uniform system of accounts published by the National Association of Regulatory Utility Commissioners.
(7) A generally available standard published by the standardizing organizations listed in United States Department of Commerce Miscellaneous Publication 288, issued August 1, 1967, or supplements thereto or reissues thereof.
(8) Another generally available publication approved by the Bureau.
(b) Emergency conditions. Emergency conditions shall include the following:
(1) A requirement imposed by statute for publication of documents in the Code or Bulletin may be generally suspended by Order of the Director of the Bureau for the duration of the event which requires the suspension, if the Governor, by proclamation, determines that the publication or distribution of the Bulletin in the usual manner is unlawful or impracticable.
(2) A general suspension of publication requirement shall, unless otherwise provided in the Order of the Director of the Bureau, automatically stay for the period of the suspension the running of a period of time set forth or otherwise required to be set forth in a notice published in the Bulletin; except that this paragraph may not stay the running of a period of time for notice of an oral hearing or similar proceeding if the agency responsible for the notice causes the persons affected to receive reasonable, actual knowledge of the substance of the notice.
(3) An Order of the Director of the Bureau under this subsection shall be published in the first available issue of the Bulletin issued after the interruption.
The provisions of this § 3.41 amended September 15, 1978, 8 Pa.B. 2594. Immediately preceding text appears at serial pages (37055) and (37056).
This section cited in 1 Pa. Code § 7.1 (relating to notice of proposed rulemaking).
History
Under 45 Pa.C.S. § 728 (relating to matter not permitted to be published), no press release, speech or other comments or news material may be published under this part.
History
The act authorizes and requires the publication of certain ‘‘documents’’ as defined in 45 Pa.C.S. § 501 (relating to definitions), and does not authorize or require the publication of materials which do not come within that definition.
History
Information published under this part, which information includes, but is not limited to, cross references, table of cases, notes of decisions, tables of contents, indexes, source notes, authority notes, numerical lists and codification guides, other than the actual text of rules or regulations may be reproduced only with the written consent of the Bureau. The information which appears on the same leaf with the text of a rule or regulation, however, may be incidentally reproduced in connection with the reproduction of the rule or regulation, if the reproduction is for the private use of a subscriber and not for resale. There are no other restrictions on the reproduction of information published under this part, and the Commonwealth hereby consents to a reproduction.
The provisions of this § 3.44 amended by JCD Order No. 32, dated April 7, 1978, 8 Pa.B. 1098. Immediately preceding text appears at serial page (2279).
History
(a) Under 45 Pa.C.S. § 901 (relating to official text of published documents), the official text, as published as provided in this part, of a document required or authorized to be published under this part, shall from the date of the publication be the only valid and enforceable text of the document regardless of a discrepancy between the official text and the agency text of the document; that thereafter an amendment to the document shall be drawn as an amendment to the official text thereof; that if an agency discovers a discrepancy between the agency text and the official text of a document, the agency shall forthwith deposit, without regard to the requirements of § § 7.1 and 7.2 (relating to notice of proposed rulemaking required; and adoption of regulations) with the Bureau an appropriate corrective amendment to the official text; that the agency may specify that the amendment shall be effective as of the effective date of the defective official text; that only persons who have had actual knowledge of the discrepancy shall be affected by the amendment prior to the publication of the official text thereof in the manner prescribed in this part; and that the purpose of the requirement is to permit the public to rely absolutely upon the correctness of the text of a regulation, statement of policy or other document as published under this part by declaring the published text to be the only legal evidence of the valid and enforceable text of the regulation, statement of policy or other document.
(b) The provisions of 45 Pa.C.S. § § 722 and 901 (relating to deposit of documents required; and official text of published documents), provide that notwithstanding 45 Pa.C.S. § 901, the text of any home rule charter, amendment or repeal, as published as provided in this part, shall from the date of the publication be prima facie evidence of the text approved by the electors.
The provisions of § 5.1(b) added by JCD Order No. 8, dated November 10, 1970, 1 Pa.B. 480. Immediately preceding text appears at serial page (0074).
History
(a) Under 45 Pa.C.S. § 902 (relating to certification of official text) a title or portion thereof of the Code and Pennsylvania Code Reporter shall contain a certificate by the Director of the Bureau that the title or part or Pennsylvania Code Reporter contains administrative regulations issued prior to July 1, 1969, or documents required by this part to be codified in the Code issued prior to the closing date of the permanent supplement, as the case may be, by the agency to which the title or part relates, and that the certificate shall be conclusive evidence of the fact.
(b) The Director of the Bureau will cause each printed page of the Code and a subsequent amendment to a page to be designated by a sequential and distinctive serial number; will collate sets of the pages in ascending sequence according to the serial numbers; and will cause the sets to be bound permanently into volumes of convenient size. Copies of the permanently bound pages will be deposited by the Director as follows:
(1) Two copies to the State Law Library.
(2) One copy to the Allegheny County Law Library.
(3) One copy to the Jenkins Law Library.
(4) Two copies to the Legislative Reference Bureau.
(5) Two copies to the Pennsylvania Historical and Museum Commission for preservation in the Commonwealth Archives.
(6) One copy to the Commonwealth Court Law Library.
(7) One copy to a law school situated in this Commonwealth which makes a written request to the Legislative Reference Bureau.
The provisions of this § 5.2 amended by JCD Order No. 5, dated December 2, 1969; amended June 12, 1980, effective June 14, 1980, 10 Pa.B. 2395; amended January 22, 1988, effective January 23, 1988, 18 Pa.B. 332. Immediately preceding text appears at serial page (113422).
History
Under 45 Pa.C.S. § 903 (relating to effective date of documents) no document required under this part to be published except certain judicial documents under 45 Pa.C.S. § 903(b), may be valid as against a person who has not had actual knowledge thereof until the publication has been effected; that publication shall be deemed to have been effected upon the deposit of the Bulletin or the Pennsylvania Code Reporter containing the document in the United States mail for distribution; and that the issue date of the Bulletin and of the permanent supplement to the Code is the day of the deposit.
This section cited in 1 Pa. Code § 13.74 (relating to effectiveness prior to publication).
History
Under 45 Pa.C.S. § 904 (relating to constructive notice) unless otherwise specifically provided by statute the publication under this part of any document required or authorized by this part to be so published shall, except in cases where notice by publication is insufficient in statute, be sufficient to give notice of the contents of the document to a person subject thereto or affected thereby.
History
Under 45 Pa.C.S. § 905 (relating to presumptions created) the publication of a document under this part shall create a rebuttable presumption:
(1) That it was issued, prescribed or promulgated.
(2) That it was approved as to legality, if so required by section 205 of the act (45 P. S. § 1205).
(3) That requirements of the act and of this part applicable to the document have been complied with.
History
Under 45 Pa.C.S. § 906 (relating to reasonable notice of hearing) whenever notice of hearing or of opportunity to be heard is required or authorized to be given by the Commonwealth government by or under a statute or may otherwise properly be given, the notice, except in cases where notice by publication is insufficient in statute, shall be deemed to have been given to persons residing within this Commonwealth, and to persons owning or having an interest in a property situated within the limits thereof, if the notice shall be published in the Bulletin at the time that the period between the date of publication as specified in 45 Pa.C.S. § 903(a) (relating to effective date of documents) and the date fixed in the notice for the hearing or for the termination of the opportunity to be heard may be:
(1) Not less than the time specifically prescribed for the publication of the notice by the appropriate statute.
(2) Not less than 15 days when no time for publication is specifically prescribed by statute without prejudice, however, to the effectiveness of a notice of less than 15 days where the shorter period is reasonable.
This section cited in 1 Pa. Code § 13.3 (relating to agency action or proceedings invalid in absence of notice required by Joint Committee).
History
Under 45 Pa.C.S. § 907 (relating to additional notice unnecessary), except with respect to the time specifically prescribed for the publication of notice, the publication by the Commonwealth government of a notice in the manner prescribed by the act shall constitute full compliance with law notwithstanding any inconsistent provision of a statute.
History
Under 45 Pa.C.S. § 506 (relating to judicial notice) the contents of the Code, the Pennsylvania Code Reporter and of the Bulletin shall be judicially noticed.
History
Section 201 of the act (45 P. S. § 1201) provides that except as provided in § 7.4 (relating to omission of notice of proposed rulemaking) an agency shall give public notice of its intention to promulgate, amend or repeal an administrative regulation by publication in the Bulletin of a notice of proposed rulemaking conforming to this part. The notice includes the following:
(1) The text of the proposed administrative regulation, except a portion thereof omitted under § 3.41 (relating to matter not required to be published), prepared in such a manner as to indicate the words to be added or deleted from the presently effective text, if any. A statement containing an appropriate citation to text proposed for deletion or rescission may be substituted for the complete text thereof in those cases where the text is voluminous.
(2) A statement of the statutory or other authority under which the administrative regulations or change is proposed to be promulgated.
(3) A brief explanation of the proposed administrative regulation or change.
(4) A request for written comments by an interested person concerning the proposed administrative regulation or change.
(5) Another statement required by statute.
The provisions of this § 7.1 amended August 1, 1975, 5 Pa.B. 1970. Immediately preceding text appears at serial pages (16426) and (0230).
This section cited in 1 Pa. Code § 5.1 (relating to official text of published documents); 1 Pa. Code § 7.2 (relating to adoption of regulations); 1 Pa. Code § 7.3 (relating to effective date of regulations); 1 Pa. Code § 7.4 (relating to omission of notice of proposed rulemaking); 1 Pa. Code § 13.56 (relating to correction of errors); and 1 Pa. Code § 35.104 (relating to notice of rulemaking proceedings).
History
(a) Section 202 of the act (45 P. S. § 1202) provides that before taking action upon an administrative regulation or change the agency shall review and consider a written comment submitted under § 7.1 (relating to notice of proposed rulemaking required) and may hold public hearings as appropriate; that if the statute or other authority under which a regulation is proposed to be promulgated, amended or repealed requires the holding of public hearings or establishes other procedures in addition to those prescribed by sections 201—208 of the act (45 P. S. § § 1201—1208), the agency shall hold public hearings or comply with the other procedures as are not inconsistent with the provisions of the act; that the agency text of an administrative regulation or change as finally adopted may contain modifications to the proposed text as published under § 7.1 as do not enlarge its original purpose; and that modifications which enlarge the original purpose of a proposal as published under § 7.1 shall be republished thereunder prior to final adoption by the agency.
(b) Whenever an agency finally adopts a proposed regulation more than 1 year after the proposed regulation was published under § 7.1, the Bureau will republish, in full, the entire regulation as finally adopted.
The provisions of this § 7.2 amended by JCD Order No. 30, dated October 13, 1977, 7 Pa.B. 3124. Immediately preceding text appears at serial page (22593).
This section cited in 1 Pa. Code § 5.1 (relating to official text of published documents); 1 Pa. Code § 7.3 (relating to effective date of regulations); 1 Pa. Code § 7.4 (relating to omission of notice of proposed rulemaking); and 1 Pa. Code § 13.56 (relating to correction of errors).
History
The effective date specified in an administrative regulation or change subject to § § 7.1 and 7.2 (relating to notice of proposed rulemaking required; and adop-tion of regulations) may be not less than 30 days after the notice of proposed rulemaking required thereby has been given unless one of the following exists:
(1) The administrative regulation:
(i) Grants or recognizes exemption or relieves restriction.
(ii) Interprets a self-executing statute or administrative regulation.
(2) The agency for good cause finds—and incorporates the finding and the reasons therefor in the order adopting the administrative regulation or change—that the deferral of the effective date of the administrative regulation or change beyond the date specified in the order is impracticable or contrary to the public interest.
History
An agency may omit or modify the procedures specified in § § 7.1 and 7.2 (relating to notice of proposed rulemaking required; and adoption of regulations) if:
(1) The administrative regulation or change relates to one of the following:
(i) Military affairs.
(ii) Agency organization, management or personnel.
(iii) Agency procedure or practice.
(iv) Commonwealth property, loans, grants, benefits or contracts.
(v) The interpretation of a self-executing statute or administrative regulation.
(2) Persons subject to the administrative regulation or change are named and are either personally served with notice of the proposed promulgation, amendment or repeal or otherwise have actual notice thereof under statute.
(3) The agency for good cause finds—and incorporates the finding and a brief statement of the reasons therefor in the order adopting the administrative regulation or change—that the procedures specified in § § 7.1 and 7.2 are in the circumstances impracticable, unnecessary or contrary to the public interest.
Regulation was properly promulgated under section 204 of the act (45 P. S. § 1204) because the amendments were necessary to meet an emergency situation to speed the prosecution of drunk drivers and a delay in promulgation could have posed a risk to public safety. Jeffers v. Department of Transportation, 601 A.2d 401 (Pa. Commw. 1991).
This section cited in 1 Pa. Code § 7.1 (relating to notice of proposed rulemaking).
History
(a) Section 205 of the act (45 P. S.§ 1205) provides that administrative regulations and changes shall be approved as to legality Department of Justice before they are deposited with the Bureau under section 207 of the act (45 P. S. § 1207); that in the event the Department of Justice shall rule illegal an administrative regulation or change, adopted by an agency which is by statute independent of the policy supervision and control of the Governor, and the agency or a party before the agency supporting the regulations or changes shall disagree with the ruling of the Department of Justice, such agency or the party may appeal from the determination of the Department of Justice to the Commonwealth Court; that in other cases the decision of the Department of Justice shall be final and may not be subject to a judicial review at the instance of the agency, or a supporting party, and that nothing in the section shall affect the right of a person adversely affected by a regulation or change to obtain a determination of the validity thereof in an appropriate proceeding.
(b) Section 205 of the act was repealed by section 504 of the Commonwealth Attorneys Act (71 P. S. § 732-504) insofar as it was inconsistent. Reference should be made to § 13.16 (relating to approval as to legality).
The provisions of this § 7.5 amended by JCD Order No. 8, dated November 10, 1970, 1 Pa.B. 480. Immediately preceding text appears at serial page (0080).
History
Section 206 of the act (45 P. S. § 1206) provides that the agency text of administrative and gubernatorial regulations required or authorized by this Part to be deposited with the Bureau shall be prepared in the form and format required by Chapter 9 (relating to preparation of documents subject to codification), Chapter 11 (relating to preparation of notices, rulemaking proposals and unpublished regulations) and Chapter 13 (relating to preparation and transmittal of documents generally).
History
Section 207 of the act (45 P. S. § 1207) provides that the agency text of administrative and gubernatorial regulations, and changes, certified by the executive officer, chairman or secretary of the agency, shall be deposited with the Bureau in the manner required by this part.
History
Section 208 of the act (45 P. S. § 1208) provides that an administrative regulation or change promulgated after July 1, 1969, may not be valid until deposited in and filed by the Bureau, as provided in this part. Where agency administrative regulations relate to matters which are determined under § 3.13(b) (relating to contents of Bulletin), not to be of sufficient general interest to warrant publication under this part, such as, regulations relating to agency management or personnel, the regulations shall be filed by the Bureau without publication. Since the Joint Committee is not authorized to waive the filing requirement of section 208 of the act (45 P. S. § 1208), a determination that an agency regulation will not be published may not be relied upon by the agency as a determination that the regulation is not an administrative regulation required to be filed under the act.
The provisions of this § 7.8 amended June 14, 1974, 4 Pa.B. 1209. Immediately preceding text appears at serial page (0233).
History
Section 606 of the act (45 P. S. § 1606)(Repealed) provides that whenever a statute makes reference to the Administrative Agency Law for procedures relating to the promulgation of administrative regulations, the reference shall be deemed to be a reference to the applicable provisions of the act.
History
COMMONWEALTH OF PENNSYLVANIADEPARTMENT OF GENERAL SERVICESJOINT COMMITTEE ON DOCUMENTSDecember 2, 1969
Before Members: (insert names of agency members participating in action on order.)
RULES AND REGULATIONS OF JOINT COMMITTEE[DOCKET NO. R-2; ORDER NO. 5]
By order adopted July 8, 1969 in this preceding (Order No. 4, Rules and Regulations of Joint Committee, Docket No. R-2) we prescribed definitive Rules and Procedures for the implementation of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. § § 1102, 1201—1208 and 1602) and 45 Pa.C.S. Chapters 5, 7 and 9, known as the Commonwealth Documents Law. Since that time a contract has been let to Autocode, a Division of Autocomp, Incorporated of Bethesda, Maryland, for the compilation, printing and distribution of the Pennsylvania Code, which places the Joint Committee in a position to amend its Rules and Procedures to prescribe subscription charges for the Code.
Also we have received suggestions for the modification and improvement of our Rules and Procedures from the Court Administrator of Pennsylvania, representatives of the Pennsylvania Public Utility Commission and other sources.
On the subject of Code subscription prices we are mindful of the injunction of CDL § 603 (45 P. S. § 1603) that we should administer the CDL ‘‘with a view toward encouraging the widest possible dissemination of documents among the persons affected thereby which is consistent with the due administration of public affairs,’’ and of established practices in this Commonwealth concerning the public distribution of official documents of comparable character. Accordingly, we are adopting a policy of fixing a subscription price as low as reasonably possible, with the thought that the large number of users which such a subscription price may be expected to generate will result in economies of scale which ultimately should minimize the net cost of the Pennsylvania Code to the Commonwealth. Since it is difficult to predict the volume of supplementation which will be involved in connection with the Code, we are postponing a decision on the annual subscription rate for up-keep service by providing that the price of the Code will include supplementation service through June 30, 1971.
The other amendments which we are adopting today are minor in nature and are fully self-explanatory.
The Joint Committee finds:
(1) That public notice of intention to adopt the amendments to the Rules and Procedures adopted herein was given under 1 Pa. Code § 7.1 (relating to notice of proposed rulemaking required) by publication in the Pennsylvania Bulletin, 1 Pa.B. 64.
(2) The amendments to the Rules and Procedures adopted herein are necessary and appropriate for the administration of the Commonwealth Documents Law.
The Joint Committee, acting pursuant to The Administrative Code of 1929 and the Commonwealth Documents Law, including particularly those sections specified in the several authority citations herein specified with respect to each provision of the Rules and Procedures of the Joint Committee amended by this order, orders:
(A) The Rules and Procedures of the Joint Committee, as heretofore in effect, 1 Pa. Code Part I, are amended by adding, deleting and amending § § 5.2, 9.14, 9.222(a), 15.1, 15.2, 15.3, 15.4, 15.5, 15.6, 15.7, 15.21 and 15.23(b) to read as set forth in full in Annex A to this order.
(B) The Chairman of the Joint Committee shall submit the amendments to the Rules and Procedures of the Joint Committee effected hereby to the Department of Justice for approval as to legality as required by law.
(C) The Secretary of the Joint Committee shall duly certify this order and Annex A hereto and deposit the same with the Legislative Reference Bureau as required by law.
(D) This order shall take effect immediately.
By the Joint Committee
[SEAL]…JOHN DOE
Secretary
The provisions of this § 7.10 issued under sections 201—208 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. § § 1201—1208); and 45 Pa.C.S. § 503.
The provisions of this § 7.10 added by JCD Order No. 6, dated May 21, 1970, 1 Pa.B. 10, and amended by JCD Order No. 8, dated November 10, 1970, 1 Pa.B. 480.
History
A document not subject to codification shall be prepared in conformity with this chapter and of Chapter 13 (relating to preparation and transmittal of documents generally).
History
The name of the issuing agency shall be carried at the beginning of the document.
This section cited in 1 Pa. Code § 11.4 (relating to agency document designation).
History
When a document is issued by or for a specific board, commission or bureau or similar unit within a department or overall agency, the name of the board, commission, bureau or unit shall be carried on a separate line immediately below the name of the issuing agency.
This section cited in 1 Pa. Code § 11.4 (relating to agency document designation).
History
Agencies using file numbers, docket numbers or similar identifying symbols shall place them in brackets on a separate line immediately following the headings required by § § 11.2 and 11.3 (relating to name of issuing agency; and name of agency subdivision).
History
A suitable short title identifying the subject shall be provided beginning on a separate line immediately following the other required caption or captions. Whenever appropriate, an additional brief caption indicating the nature of the document shall be used.
History
The authority under which the document is issued shall be cited in narrative form within text or in parentheses on a separate line following text.
History
Notice of proposed rulemaking shall conform to this chapter and of Chapter 7 (relating to procedure for adoption or change of regulations).
Notice of proposed rulemaking required by section 201 of the act (45 P. S. § 1201) or by another statute, and similar notices voluntarily undertaken, shall include a statement of:
(1) The time, place and nature of public rulemaking proceedings.
(2) Reference to the authority under which the rule is proposed.
(3) Either the terms or substance of the proposed rule or a description of the subjects and issues involved.
History
The area of the Code directly affected by a proposed rule shall be identified by placing the appropriate Pa. Code citation in brackets immediately below the name of the issuing agency. Ordinarily this citation will consist of title and chapter, as follows:
History
A portion of a proposed rulemaking document which consists of the full text of a proposed rule shall also conform to Chapter 9 (relating to preparation of documents subject to codification). Words which are to be added to an existing regulation shall be underscored and words to be deleted shall be enclosed in brackets.
History
Notice is hereby given that the Joint Committee on Documents proposes to determine under section 413 of the Commonwealth Documents Law, act of July 31, 1968 (No. 240) (45 P. S. § 1413) that the application of such provision to the Pennsylvania Bulletin is impracticable and effective July 1, 1970, to cause the Pennsylvania Bulletin to be printed on the web-fed XK 4000 offset press of the Bureau of Publications, Department of Property and Supplies, or any replacement or improvement of such facility, unless within 30 days after the publication of this notice in the Pennsylvania Bulletin, a written request for a public hearing under said Section 413 is filed with the Director, Legislative Reference Bureau, P. O. Box 1127, Harrisburg, Pennsylvania 17120.
By the Joint Committee
JOHN DOE
The provisions of this § 11.31 added by JCD Order No. 6, dated May 21, 1970, 1 Pa.B. 10.
This section cited in 22 Pa. Code § 233.123 (relating to reinstatements).
History
Notice is hereby given that, a protest having been filed in this proceeding on April 2, 1970 by the Amalgamated Printing Enterprise, Inc., a public hearing will be held on Thursday, June 11, 1970, at 10:00 A.M., local time, in Room 123, Main Capitol Building, Harrisburg, Pennsylvania under Section 413 of the Commonwealth Documents Law, act of July 31, 1968 (No. 240) (45 P. S. § 1413) to determine whether the application of such provision to the Pennsylvania Bulletin is impracticable. Any interested person desiring to participate shall file a notice of intervention with the Director, Legislative Reference Bureau, P. O. Box 1127, Harrisburg, Pennsylvania 17120, or in the office of the Bureau, Room 641 Main Capitol Building, Harrisburg, on or before 4:00 P.M., local time, Friday, June 5, 1970.
By the Joint Committee
JOHN DOE
Secretary
The provisions of this § 11.32 added by JCD Order No. 6, dated May 21, 1970, 1 Pa.B. 10.
This section cited in 22 Pa. Code § 233.123 (relating to reinstatements).
History
(a) Administrative regulations—whether or not required to be published—which are not deposited in and filed by the Bureau are not valid.
(b) Statements of policy which are not filed with the Bureau and published under this part are effective only against persons who have actual knowledge thereof until published under this part, but shall be otherwise valid and may be utilized by Commonwealth agencies.
(c) Other documents required to be published under this part which are issued prior to 1 month after the date of publication of the first issue of the Bulletin are not valid unless deposited in the Bureau under this part and the documents, including administrative regulations, are effective only against persons who have actual knowledge thereof unless published under this part.
The provisions of this § 13.1 amended under section 506 of The Administrative Code of 1929 (71 P. S. § 186), section 206 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. § 1206) and 45 Pa.C.S. § § 503, 506, 507 and 701.
The provisions of this § 13.1 amended November 28, 1986, effective November 29, 1986, 16 Pa.B. 4648. Immediately preceding text appears at serial pages (50578) and (3592).
History
(a) Section 725(b) of 45 Pa.C.S. (relating to additional contents of Pennsylvania Bulletin) provides that whenever the Joint Committee finds, after notice to the agency affected and opportunity for hearing, that public notice of an agency action or proceeding or class of actions or proceedings is required by due process of law, or in the discretion of the Joint Committee should otherwise be given for the information of the public, the Joint Committee may by regulation require the agency to prepare and deposit under this part notice of an action or proceeding at a time and containing information as this part may require, and that if an agency fails to deposit a notice required by this part the action of the agency or the results of the proceeding is not valid.
(b) The following requirements are imposed under subsection (a):
(1) Notices of agency actions or proceedings which are conducted under the requirements or authority of the statutory provisions specified in the table immediately following this section shall be published in the Bulletin.
(2) Except as provided in paragraph (3), an agency shall prepare and deposit under this part notice of an action or proceeding specified in paragraph (1) within such time as to result under the appropriate schedule provided in this Chapter in publication of the notice in the Bulletin at such time that the period between the date of publication of the issue of the Bulletin containing the notice and the date fixed in such notice for the taking of the agency action or for the hearing or the termination of the opportunity to be heard in the agency proceeding shall be the period specified in § 5.6 (relating to reasonable notice of hearing).
(3) A document relating to the imposition of a quarantine or embargo, or other document relating to emergency action, may, with the approval of the Bureau, be deposited in one of the following manners:
(i) Immediately upon the opening of the Bureau for business under § 17.3 (relating to location and office hours of the Legislative Reference Bureau) in the case of an emergency action made effective when the Bureau is closed.
(ii) Prior to its effective date in the case of another emergency action.
(4) The documents required by this subsection to be published are in addition to the documents required to be published by Chapter 7 (relating to procedure for adoption or change of regulations).
Notice of initial hearing or of opportunity to be heard in connection with proceedings under the following provisions of the act:
45 Pa.C.S. § 725(b) (relating to additional contents of Pennsylvania Bulletin).
45 Pa.C.S. § 732 (relating to required contractual arrangements).
Notice with respect to the specified action or proceedings under the following statutory provisions:
(1) Pennsylvania Meat and Poultry Hygiene Law of 1968:
Section 5 (31 P. S. § 483.5).
(2) Act of July 22, 1913 (P. L. 928, No. 441), known as the Domestic Animal Disease Suppression Law:
Section 6 (71 P. S. § 1221).
(3) Act of April 17, 1929 (P. L. 533, No. 236), known as the Diseased Animal Quarantine Law:
Sections 3—8 (3 P. S. § § 343—348).
The provisions of this § 13.3 amended by JCD Order No. 12, dated January 3, 1972, 2 Pa.B. 56. Immediately preceding text appears at serial page (0257).
History
(a) Under 45 Pa.C.S. § 722(d) (relating to deposit of documents required) the election officials responsible for the question of adopting, amending or repealing a home rule charter or optional plan of government shall deposit a certified copy of the full text of the documents relating thereto in the Department of Community Affairs.
(b) The Department of Community Affairs shall, within 10 days after receipt of a home rule charter or amendment or repeal or an optional plan of government as approved by the electors, certify two duplicate original copies of the full text thereof and deposit the certified copies in the Bureau.
The provisions of this § 13.4 added by JCD Order No. 8, dated November 10, 1970, 1 Pa.B. 480.
History
Documents relating to internal government management and operations issued through the Directives Management System as provided by 4 Pa. Code Chapter 1, Subchapter A (relating to directives management system), shall be deposited with the Bureau and filed for public inspection, but may not be published in the Code or Bulletin. The Bureau shall publish monthly, together with the notice of other documents deposited and filed but not published as provided by § 3.13(b) (relating to contents of Bulletin), a notice of documents deposited and filed under the Directives Management System. The Bureau shall also publish, together with each periodic supplementation of the Code under § 3.3 (relating to periodic supplementation of Code; index), a listing of documents currently in effect under the Directives Management System as an appendix to 4 Pa. Code Chapter 1, Subchapter A.
The provisions of this § 13.5 issued under section 506 of The Administrative Code of 1929 (71 P. S. § 186), section 206 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. § 1206) and 45 Pa.C.S. § § 503, 506, 507 and 701.
The provisions of this § 13.5 adopted November 28, 1986, effective November 29, 1986, 16 Pa.B. 4648.
History
(a) Under 45 Pa.C.S. § 722(a) (relating to deposit of documents required), two duplicate original copies, certified by the executive officer, chairperson or secretary of the agency, or by the Administrative Office of Pennsylvania Courts or the clerk or prothonotary of the Supreme Court in the case of certain judicial documents, of any document authorized or required to be published shall be deposited with the Bureau. Under 231 Pa. Code Rule 239(c)(3) (relating to local rules of civil procedure) and under 234 Pa. Code Rule 6(c)(3) (relating to local rules of criminal procedure), two certified copies of local rules shall be distributed by the court promulgating the rule to the Bureau for publication in the Bulletin.
(b) In addition to the two duplicate original and certified copies required by subsection (a), a diskette, formatted in MS DOS (Microsoft Disk Operating System), with ASCII (American Standard Code of Information Interchange) text reflecting the text in the hard copy version shall be submitted at the same time. The depositing entity shall label the diskette submitted with their file name and address.
(c) The Bureau will return diskettes to the depositing entity if so requested.
(d) The Bureau by notice in the Bulletin may accept an alternate format if it becomes generally available due to developing technology.
(e) The Bureau may accept an alternate format if it is requested by a depositing entity and agreed upon by the Bureau.
(f) A depositing entity unable to comply with subsection (b) for lack of access to computer equipment shall, in lieu of the diskette, submit a letter of explanation with the two duplicate original copies required in subsection (a). The letter shall include information as to the anticipated date the depositing entity expects to be equipped to comply with subsection (b).
(g) When used in this section, ‘‘depositing entity’’ means a Commonwealth agency or other entity of Commonwealth government as defined at 45 Pa.C.S. § 101(b) (relating to definitions).
The provisions of this § 13.11 amended under section 206 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. § 1206); sections 501 and 502 of The Administrative Code of 1929 (71 P. S. § § 181 and 182); and 45 Pa.C.S. § § 502, 503 and 722.
The provisions of this § 13.11 amended December 23, 1994, effective March 6, 1995, 24 Pa.B. 6402. Immediately preceding text appears at serial page (113458).
History
Documents deposited with the Bureau by an agency under this part shall conform to this part and to the following requirements as to form and size:
(1) The first page or face sheet of each document shall be white paper 8 1/2 inches wide by 11 inches in length. A 2 1/2 inch margin shall be left across the top of the sheet immediately below which there shall be three boxes each 2 1/2 inches high. The center box shall be 3 1/2 inches wide and the boxes on either side shall be 2 1/2 inches wide. In the center box there shall appear the following language:
‘‘Copy below is hereby certified to be a true and correct copy of a document issued, prescribed or promulgated by:’’
which shall be followed by the name of the agency issuing the document, the fiscal note number, the date of adoption and the signature and title of the person signing the certification. In the left box shall appear the following language:
‘‘Copy below is hereby approved to form and legality.’’
which shall be followed by the name of the Office of the Attorney General, the signature of a Deputy Attorney General and the date of such approval. A space will be provided for indication of no approval and attachment of objections. It is the responsibility of the agency to secure the approval of the Office of the Attorney General required by section 204(b) of the Commonwealth Attorneys Act (71 P. S. § 732-204(b)). In the right box shall appear the following language:
‘‘Copy below is hereby approved as to form and legality.’’
which shall be followed by either the name of the Office of the General Counsel the signature of the Deputy General Counsel and the date of such approval or the name of the independent agency, the signature of the Chief Counsel or Assistant Counsel of the independent agency and the date of such approval. A space will be provided for indication of no Attorney General approval within 30 days. It is the responsibility of the agency to secure the approval of either the Office of General Counsel under section 301(10) of the Commonwealth Attorneys Act (71 P. S. § 732-301(10)) or the counsel for independent agencies under section 402(5) of the Commonwealth Attorneys Act (71 P. S. § 732-402(5)).
From the left hand box to the bottom of the page a margin of at least three-fourths of an inch wide shall be left along the left hand side of the page.
Attached hereto as Exhibit A and made a part of this regulation is a copy of a face sheet in the style, form and size prescribed. The prepared face sheets (Form CDL-1) may be obtained from the Office of the Pennsylvania Code and Bulletin, Legislative Reference Bureau. See § 17.3 (relating to location and office hours of the Bureau).
(2) A sheet or page following the face sheet shall also be white paper 8 1/2 inches wide by 11 inches in length. A margin 1 inch wide shall be left along the top of a continuation sheet and along the full length of the left side of the sheet a margin not less than 3/4 of an inch shall be allowed.
(3) Documents shall be written or printed on only one side of a sheet and there may be no interlineation. After filing by the Bureau a document may not be altered. If a document is written, printed or otherwise reproduced on paper other than the sheets obtained from the Bureau, and the paper does not exceed in size the measurements of the sheets prescribed in paragraphs (1) and (2) exclusive of margins and boxes, then the other paper may be pasted or glued on the prescribed size sheets if the required margins and boxes are retained and the overall measurements of the sheets do not exceed those specified. Documents may not be attached to the sheets by pin, staple or adhesive tape.
(b) In the case of documents deposited with the Bureau by a court under this part, compliance as nearly as may be to the requirements of subsection (a) is preferred, but is not mandatory.
The provisions of this § 13.12 amended by JCD Order No. 6, dated May 21, 1970, 1 Pa.B. 10, and by JCD Order No. 12, dated January 3, 1972, 2 Pa.B. 57. Immediately preceding text appears at serial page (0259).
This section cited in 1 Pa. Code § 13.13 (relating to waiver of form requirements); and 1 Pa. Code § 301.1 (relating to definitions).
History
The Bureau may waive the requirements of § 13.12 (relating to requirements as to form and size) which are not required by the act at the request of an issuing agency or court if the Bureau determines that the copy submitted by the agency or court is suitable as an archival original and, in the case of a document which is to be published, as printer’s copy. The Bureau shall make a written report to the Joint Committee of waivers granted under this section.
History
(a) Original and duplicate original documents deposited by an agency shall be signed in ink by the chairman, secretary or executive officer of the issuing agency. Initials and impressed signatures will not be acceptable. Certification by an acting officer, vice-chairman, assistant secretary or other like officer will be accepted only if the document has been approved as to form and legality under section 204(b) and either section 301(10) or 402(5) of the Commonwealth Attorneys Act (71 P. S. § § 732-204(b), 732-301(10) and 732-402(5)).
(b) The signature of the Secretary of the Commonwealth or a deputy is sufficient certification of a document issued by the Governor.
(c) Original and duplicate original documents deposited by a court shall be signed in ink by the prothonotary or a deputy prothonotary of the court.
The provisions of this § 13.14 amended January 14, 1972, 2 Pa.B. 59. Immediately preceding text appears at serial page (3598).
History
Affixation of a seal to original and duplicate original documents deposited with the Bureau is preferred, but is not mandatory.
History
(a) Attorney General. Section 204(b) of the Commonwealth Attorneys Act (71 P. S. § 732-204(b)) provides that the Attorney General shall review for form and legality proposed rules and regulations of Commonwealth agencies as defined in section 102 of the Commonwealth Attorneys Act (71 P. S. § 732-102) before they are deposited with the Bureau as required by section 207 of the act (45 P. S. § 1207). Section 204(b) of the Commonwealth Attorneys Act provides that if the Attorney General determines that a rule or regulation is in improper form, not statutorily authorized or unconstitutional, he shall notify, in writing, within 30 days after submission the agency affected. The Office of General Counsel and the General Assembly through the Offices of the Secretary of the Senate and the Chief Clerk of the House of Representatives of the reasons for the determination. The Commonwealth agency may revise a rule or regulation to meet the objections of the Attorney General and submit the revised version for his review. If the agency disagrees with the objection, it may promulgate the rule or regulation with or without revisions and shall publish with it a copy of the Attorney General’s objections, the Attorney General may appeal the decision of the agency by filing a petition for review with the Commonwealth Court in the manner provided for appeals from final orders of government agencies under 42 Pa.C.S. § 763 (relating to direct appeals from government agencies) and may include in the petition a request for a stay or supersedeas of the implementation of the rule or regulation which upon a proper showing shall be granted. If a rule or regulation has been submitted to the Attorney General and he has not approved it or objected to it within 30 days after submission, the rule or regulation shall be deemed to have been approved.
(b) General Counsel. Section 301(10) of the Commonwealth Attorneys Act (71 P. S. § 732-301(10)) provides that the General Counsel shall review and approve for form and legality proposed rules and regulations of executive agencies as defined in § 102 of the Commonwealth Attorneys Act (71 P. S. § 732-102) before they are deposited with the Bureau as required by section 207 of the act (45 P. S. § 1207).
(c) Counsel for independent agencies. Section 402(5) of the Commonwealth Attorneys Act (71 P. S. § 732-402(5)) provides that each counsel for an independent agency as defined in § 102 of the Commonwealth Attorneys Act shall review and approve for form and legality proposed rules and regulations of the independent agency before they are deposited with the Bureau as required by section 207 of the act.
(d) Forms. Two endorsements are required for documents under this section. In the case of executive agency documents, they shall be made by the Office of Attorney General and the Office of General Counsel. In the case of independent agency documents, they shall be made by the Office of Attorney General and the counsel for independent agency. Endorsements shall be in the following form:
‘‘Copy approved as to form and legality.’’
which shall be followed by the name of the Office of Attorney General and the name of the Office of General Counsel or the counsel for the independent agency and the signatures of the persons endorsing in ink.
(e) Designation. The Office of Attorney General, the Office of General Counsel and the counsel for independent agencies shall designate, in writing, to the Bureau of names of persons authorized by them to certify documents as to form and legality.
(f) Lack of approval by Attorney General. If the Attorney General declines to certify a document under section 204(b) of the Commonwealth Attorneys Act and the Commonwealth agency chooses to promulgate the document, the Commonwealth agency shall deposit for publication a copy of the objections of the Attorney General with the document. If a document has been submitted to the Attorney General and he has not approved or objected to it within 30 days after submission, the Commonwealth agency shall deposit a statement to that effect, including appropriate dates.
The provisions of this § 13.16 adopted January 14, 1972, 2 Pa.B. 59.
History
(a) An agency shall advise the Bureau in advance of the planned submission of a voluminous document the full text of which will be published under § 3.3 (relating to periodic supplementation of Code; index). The Bureau will consult with the agency to determine whether an official synopsis of the document will be published in the Bulletin in lieu of the full text of the document. Documents of three typewritten pages or less ordinarily will not be made the subject of official synopsis treatment.
(b) The official synopsis of a document shall be prepared by the issuing agency and shall be incorporated in and deposited with the full text of the document. Ordinarily the official synopsis may not exceed three typewritten pages in length. A synopsis shall include a statement of the location of the public office at which the full text of the document may be inspected and copied.
The provisions of this § 13.21 added by JCD Order No. 6, dated May 21, 1970, 1 Pa.B. 10.
History
The names of the subdivisions specified in § 1.3(a) (relating to arrangement of Code), except sections, shall be capitalized. Punctuation, capitalization, orthography and other matters of style shall conform in general to the most recent edition of the United States Government Printing Office Style Manual.
This section cited in 1 Pa. Code § 13.39 (relating to units of weights and measures).
History
(a) Section 519 of The Administrative Code (71 P. S. § 199) provides that a department, board or commission shall, in preparing or publishing maps, reports or other documents showing or referring to a mountain, river, creek or other topographic feature within this Commonwealth, designate the feature by the name as has been adopted therefor by the Pennsylvania Historical and Museum Commission.
(b) The spelling and usage of topographic features without this Commonwealth shall conform to the most recent official decisions of the United States Board on Geographic Names established under section 2 of the Cordon Geographic Names Standardization Act (43 U.S.C. 364a).
The provisions of this § 13.32 amended by JCD Order No. 10, dated April 20, 1971, 1 Pa.B. 1181. Immediately preceding text appears at serial pages (0263) and (0264).
History
Descriptions of tracts of land shall conform, so far as practicable, with the most recent edition of the ‘‘Specifications for Descriptions of Tracts of Land for Use in Executive Orders and Proclamations,’’ prepared by the Bureau of Land Management, United States Department of the Interior.
History
(a) General. The numbers ten and under, when not used in a citation, date, monetary amount, percentage, time, distance, age or similar quantity, are expressed in words only in running text. The number 11 and larger and numbers used in citations, dates, monetary amounts, percentages and similar quantities are expressed in figures only.
(b) Exceptions. The numbers 11 and larger are expressed in words when used at the beginning of a sentence and the numbers ten and under are expressed in figures when set forth in tabular form or when used in combination with other numbers one of which is 11 or larger.
History
(a) The government of the Commonwealth of Pennsylvania at the Statewide level shall be referred to as the Commonwealth except when used in connection with a reference to the government of the United States of America, when the term State is used. The following are examples:
(1) The agency shall consider mutual problems concerning Federal and State programs, activities and services which affect local government.
(2) The agency shall promote cooperation among Commonwealth and local agencies in order to maximize the interchange of available information.
(b) The territory under the jurisdiction of the government of the Commonwealth of Pennsylvania shall be referred to as ‘‘this Commonwealth’’ except that a reference to ‘‘this State’’ or ‘‘Pennsylvania’’ shall be used when required to avoid ambiguity. The following are examples:
(1) The notice shall be deemed to have been given to all persons residing within this Commonwealth.
(2) The heads of departments and agencies of the Commonwealth shall minimize health hazards caused by the facilities and activities of the Commonwealth in this State.
The provisions of this § 13.35 added by JCD Order No. 6, dated May 21, 1970, 1 Pa.B. 10.
History
The style and punctuation of enumerations in running text shall conform to the following rules:
(1) The items in the tabulated enumeration shall belong to the same class, for example, the enumeration shall have a common theme or thread.
(2) An item in the tabulated enumeration shall be responsive, in substance and in form, to the introductory language of the enumeration—the material immediately preceeding the colon.
(3) If the sentence of which tabulated enumeration is a part continues beyond the end of the enumeration, the part of the sentence that follows the enumeration shall be appropriate to each item.
(4) Material immediately preceeding or following the enumeration may not be indented unless it marks the beginning of a paragraph.
(5) If the tabulated material takes the form of a sentence in which the enumeration is an integral part, each item shall begin with a capital letter and end with a period.
(6) If the tabulated material takes the form of a simple list following a sentence that is otherwise complete, each item shall begin with a capital letter and end with a period. No ‘‘and’’ or ‘‘or’’ follows the penultimate item.
(7) Selection of an appropriate introductory phrase to the tabulated material will normally be sufficient to make the meaning clear.
The provisions of this § 13.36 added by JCD Order No. 6, dated May 21, 1970, 1 Pa.B. 10.
History
(a) Except as otherwise provided in subsection (c), powers and duties shall be expressly conferred and imposed by regulation upon departments, boards, commissions and other offices in their institutional capacities, rather than upon the secretary or chief executive officer of the agency or upon an individual administering or serving within the agency or unit thereof, regardless of the title of the officer or individual or the language of the statutory or other authority which authorized the regulation.
(b) If the statutory or other authority which authorizes the regulation purports to confer the relevant power or to impose the relevant duty upon an officer or individual rather than upon the agency or unit thereof, a definition of the agency or unit should be utilized indicating that the officer or individual acts through the appropriate agency or unit. For example:
‘‘Department—The Department of Education of the Commonwealth.
If this part confers powers or imposes duties upon the Department which under a statute may be exercised by or imposed on only the Secretary of Education the reference to the Department shall be construed to mean the Department acting by and through the Secretary of Education, or the person for the time being acting as the Secretary of Education, personally.’’
(c) The power of appointment may be conferred upon an officer, as such, where it is intended that only the officer, or the person for the time being acting as the officer, may exercise the power.
The provisions of this § 13.37 added by JCD Order No. 8, dated November 10, 1970, 1 Pa.B. 480.
History
(a) If it is intended that a regulation supersede the applicable provisions of Part II (relating to General Rules of Administrative Practice and Procedure), the section or other provision of the General Rules of Administrative Practice and Procedure which is superseded shall be expressly cited in the manner provided in § 9.83 (relating to references between or within titles of the Code) accompanied by a statement that the cited provisions of the General Rules are not applicable to the agency or to specified classes of proceedings before the agency. Adherence to this requirement will result in the automatic appearance of the citation of the superseding special rule of administrative practice and procedure in the cross reference note immediately following the superseded provision of the general rules.
(b) Special rules of administrative practice and procedure shall be arranged by the agency in a sequence corresponding to the subject matter sequence of the general rules and a superseding special rule shall be limited in scope of subject matter to the scope of the general rule which it is intended to supersede. The reference required by subsection (a) shall appear as the last subsection of the superseding section. For example,
§ 1.24. Copies of briefs.
(a) Except where filing of a different number is permitted or directed by the commission, 14 copies of each brief shall be furnished for the use of the commission.
(b) Subsection (a) supersedes the last sentence of 1 Pa. Code § 35.193 (relating to filing and service of briefs).
The provisions of this § 13.38 added by JCD Order No. 11, dated July 13, 1971, 1 Pa.B. 1555.
History
(a) General references to quantitative concepts shall be made as follows:
(1) General references to quantitative concepts shall be consistent with ultimate primary or predominant use of the metric system of measurement. Examples are as follows:
(i) ‘‘State the distance traveled,’’ not ‘‘State the mileage traveled.’’
(ii) ‘‘The application shall set forth the area of the farm,’’ not ‘‘The application shall state the acreage of the farm.’’
(2) If a document containing a reference of the type proscribed by paragraph (1) is reprinted, the Bureau—without action by the promulgating agency—will, under the authority of this paragraph, substitute a reference which complies with paragraph (1) if, after 10 days written notice of the proposed editorial revision, the promulgating agency does not file written objections thereto with the Bureau.
(3) Paragraphs (1) and (2) do not apply to quantity declarations. Examples are as follows:
(i) ‘‘Each farm shall have an area of not less than 40 acres.’’
(ii) ‘‘The speed limit shall be 35 miles per hour.’’
(4) Paragraph (2) does not apply to documents codified in 70 Pa. Code (relating to weights, measures and standards).
(b) Specific quantity references shall be made as follows:
(1) If consistent with the other programmatic objectives of an agency, a quantity should be expressed exclusively in metric terms. An example is: ‘‘Each specimen shall have a weight of at least 2.5 kg.’’
(2) If the programmatic objectives of an agency require that a quantity be expressed in customary terms, the quantity should also be expressed in metric terms. The regulation should clearly indicate which dimension expresses the desired degree of tolerance. Examples are as follows:
(i) ‘‘Each specimen shall have a length of at least 10 inches—approximately 25 cm.’’
(ii) ‘‘Each specimen shall have a length of at least 25 cm— approximately 10 inches.’’
(3) If a document which does not comply with paragraphs (1) and (2) is deposited in the Bureau, the Bureau will promptly inquire of the promulgating agency whether the rules of style suggested thereby have been considered by the agency. If the agency indicates that in its judgment adherence to the style would be inappropriate, the Bureau will process the document as filed. A written summary of Bureau action under the preceding sentence shall be submitted by the Bureau to the next meeting of the Joint Committee.
(c) Metric measurement usage and practice shall conform to the following in descending order of priority:
(1) A requirement or preference adopted by the United States Metric Board.
(2) The most recent edition of the U. S. Government Printing Office Style Manual, as provided by § 13.31 (relating to punctuation, capitalization, orthography).
(3) American National Standard z210.1—1976.
(4) The most recent edition of any applicable style guide published by the American National Metric Council; 1625 Massachusetts Avenue, NW; Washington, DC 20036.
(d) The words ‘‘meter’’ and ‘‘liter’’ shall be spelled according to the American usage in documents published under this part except where an agency, under its authorizing legislation, promulgates a regulation for the purpose of regulating the spelling usage of persons subject to its jurisdiction. An example is as follows:
‘‘The container shall contain the following legend:
‘‘Do not overfill. Always leave at least 100 milliliters (or ‘millilitres’) of air space.’ ’’
(e) As used in this section, the term ‘‘metric system of measurement’’ means the International System of Units (SI) as established by the General Conference of Weights and Measures in 1960 and interpreted or modified for the United States by the Secretary of Commerce under the Metric Conversion Act of 1975 (15 U.S.C.A. § § 205a—205k).
The provisions of this § 13.39 adopted June 6, 1980, effective June 7, 1980, 10 Pa.B. 2327.
History
If possible, documents should be drafted so that the inclusion of illustrations and tabular material is unnecessary. If their inclusion cannot be avoided, the documents will be held for delayed filing and publication. Schedule 3 (§ 13.91) (relating to special schedule), and the following provisions apply:
(1) Illustrations. The original drawings, or clear reproductions on paper of high quality, of all maps, charts, graphs or other illustrations shall be submitted to the Bureau 4 weeks before the date on which publication is desired. A legible reproduction of the original illustration reduced to a size approximating 8 by 10 1/2 inches, shall appear as part of the original and duplicate original document.
(2) Tabular material. Tabular material comprising more than two type-written pages shall be forwarded to the Bureau 2 weeks before the date on which publication is desired.
History
Tabulated blank forms for application, registration, reports, contracts, and the like, and the instructions for preparing the forms will not be published in full if the agency ordinarily will not accept for filing material prepared on other than Commonwealth-furnished forms. In lieu thereof there shall be submitted for publication a simple statement describing the function of the form and indicating the place, or places, where copies may be obtained.
History
An agency shall designate a representative to serve as liaison officer in relation to the Bureau.
This section cited in 1 Pa. Code § 13.46 (relating to notification of designation).
History
An agency shall notify the Bureau, in writing, of the name, title, address and telephone extension of each agency representative designated in compliance with § 13.45 (relating to designation). If a change in representation is made by an agency, prompt notification thereof shall be given in writing to the Bureau.
History
The liaison officer shall represent an agency in matters relating to the submission of documents to the Bureau and respecting general compliance with this part. The liaison officer is responsible for the effective distribution and use within his agency of Code information or assistance authorized by § 17.56 (relating to information on document drafting and publications assistance), and for promoting participation of his agency in programs authorized by § 17.57 (relating to programs of technical instruction).
History
A letter of transmittal is not required, but should be used if special handling or treatment is desired. The Code may not be amended by an instrument in the form of a letter. A letter is not an appropriate form for a document prepared for publication in the Bulletin. The letter of transmittal shall identify specifically administrative regulations which are deposited for filing only and not for publication.
History
(a) Section 722(a) of 45 Pa.C.S. (relating to deposit of documents required) provides that if the Bureau finds that a document deposited with it under the act has been approved as to legality, if approval is required, and is in the form and format required by this part, it shall file the document, assign thereto and indicate thereon a distinctive serial number, and indicate thereon the date and time of filing. Upon filing, one copy shall be immediately available for public inspection and copying under § 13.55 (relating to filing for public inspection). The copy shall be retained by the Bureau for 1 year after the publication thereof, whereupon it shall be forwarded to the Pennsylvania Historical and Museum Commission for preservation in the Commonwealth archives. If the Bureau determines that the document will be published the Bureau shall transmit the other copy immediately after filing to the Department of General Services, or to a printer designated by it, for publication as provided in the act.
(b) Documents deposited with the Bureau will be held without filing during preliminary examination and processing and will be filed in accordance with § § 13.53—13.56, 13.74, 13.81, 13.82, and 13.91—13.93 (relating to publication schedules, receipt and processing, filing for public inspection, correction of errors, effectiveness prior to publication, regular schedule, and special schedule).
History
Documents properly submitted for publication in the Bulletin will be immediately assigned by the Bureau to one of the following publication schedules:
Schedule 1—Regular.
Schedule 2—Special.
The provisions of this § 13.53 issued under 45 Pa.C.S. § § 501—907.
The provisions of this § 13.53 amended October 8, 1982, effective October 9, 1982, 12 Pa.B. 3639. Immediately preceding text appears at serial pages (0268) and (0269).
This section cited in 1 Pa. Code § 13.52 (relating to filing by Bureau).
History
Documents shall be received during official office hours as fixed by § 17.3 (relating to location and office hours of the Bureau). Upon receipt, documents shall be held for confidential processing until filed for public inspection.
This section cited in 1 Pa. Code § 13.52 (relating to filing by Bureau).
History
Documents to be published in the Code only, filed documents which will not be published and documents deposited under § 13.74 (relating to effectiveness prior to publication) shall be filed for public inspection upon completion of preliminary examination and processing. Other documents shall be filed for public inspection on the working day preceding the publication day of the issue of the Bulletin containing the documents or an official synopsis thereof. (See § 17.33 (relating to public inspection of documents).
The provisions of this § 13.55 issued under 45 Pa.C.S. § § 502, 503, 722 and 903.
The provisions of this § 13.55 amended October 19, 1984, effective October 20, 1984, 14 Pa.B. 3864. Immediately preceding text appears at serial page (76680).
This section cited in 1 Pa. Code § 13.52 (relating to filing by Bureau); 1 Pa. Code § 13.82 (relating to timing for regular schedule); and 101 Pa. Code § 31.15 (relating to processing).
History
Sections 901 of 45 Pa.C.S. (relating to official text of published documents) provides that if an agency discovers an error or omission in the Code or in the official text of a document published under this part, the agency shall forthwith deposit, without regard to the requirements of § 7.1 (relating to notice of proposed rulemaking required) and § 7.2 (relating to adoption of regulations) with the Bureau an appropriate corrective amendment to the official text. The agency may specify that the amendment shall be effective as of the effective date of the defective official text with respect to persons who have had actual knowledge of the discrepancy.
This section cited in 1 Pa. Code § 13.52 (relating to filing by Bureau).
History
If an agency finds that the deferral of the effective date of a document until deposit of the issue of the Bulletin containing the document in the United States mail for distribution under § 5.3 (relating to effective date of documents required to be published) is impractical or contrary to the public interest, the agency may, under 45 Pa.C.S. § 903 (relating to effective date of documents), secure an immediate effective date with respect to the persons to whom the document is primarily directed by giving them actual knowledge of the document. Distribution, which may be by press or radio announcement, public advertising or in person or by mail, telephone or telegraph, or by other method selected by the agency, shall be effected by and at the cost of the agency. The actual notice will not eliminate the requirement of section 208 of the act (45 P. S. § 1208) and 45 Pa.C.S. § 722 (relating to deposit of documents required) for deposit of documents in and filing by the Bureau as a prerequisite to their validity.
This section cited in 1 Pa. Code § 13.52 (relating to filing by Bureau); and 1 Pa. Code § 13.55 (relating to filing for public inspection).
The provisions of these § § 13.81—13.82 issued under 45 Pa.C.S. § § 501—907, unless otherwise noted.
The provisions of these § § 13.81—13.82 amended through October 8, 1982, effective October 9, 1982, 12 Pa.B. 3639, unless otherwise noted. Immediately preceding text appears at serial pages (0271) to (0272).
History
In the absence of special arrangement with the issuing agency, a document shall be assigned to Regular Schedule for regular publication. Receipt in the ordinary course of business is considered as a request for regular publication.
This section cited in 1 Pa. Code § 13.52 (relating to filing by Bureau).
History
(a) Documents assigned to Regular Schedule shall be held for confidential processing, including typesetting, until the Friday preceding publication, when they shall be filed for public inspection. The regular schedule of publication is as follows:
(b) When an official holiday occurs during Schedule 1, the deadline for receipt will be Tuesday, Day 6.
(c) Other documents listed in § 13.55 (relating to filing for public inspection) shall be filed for public inspection upon completion of preliminary examination and processing.
The provisions of this § 13.82 issued under 45 Pa.C.S. § § 502, 503, 722 and 903.
The provisions of this § 13.82 amended October 19, 1984, effective October 20, 1984, 14 Pa.B. 3864. Immediately preceding text appears at serial pages (76683) to (76684).
This section cited in 1 Pa. Code § 13.52 (relating to filing by Bureau).
The provisions of these § § 13.91—13.93 issued under 45 Pa.C.S. § § 501—907, unless otherwise noted.
The provisions of these § § 13.91—13.93 amended October 8, 1982, effective October 9, 1982, 12 Pa.B. 3639, unless otherwise noted. Immediately preceding text appears at serial pages (0272) to (0273).
History
(a) A document received in the ordinary course of business may be assigned to Special Schedule by the Bureau. The agency concerned will be immediately notified of the assignment and the reasons therefor.
(b) A document that is the subject of agreement involving special editorial or publication services may be placed in Special Schedule by prearrangement.
This section cited in 1 Pa. Code § 13.41 (relating to illustrations and tabular material); and 1 Pa. Code § 13.52 (relating to filing by Bureau).
History
Except by prearrangement, documents may be assigned to Special Schedule only because of technical problems requiring additional time to prepare material for the press. A requirement for additional time generally may be obviated through advance consultation with the Bureau respecting unusual tabulations, illustrations, or exceptionally voluminous submissions.
This section cited in 1 Pa. Code § 13.52 (relating to filing by Bureau).
History
(a) Except as provided in subsection (b), a document assigned to Special Schedule because of technical problems shall be published as nearly on Regular Schedule as practicable.
(b) A document assigned to Special Schedule by prearrangement shall be published on the date agreed upon, without regard to the Regular Schedule.
This section cited in 1 Pa. Code § 13.52 (relating to filing by Bureau).
History
(a) Members. A member of the General Assembly, upon written request to the Bureau, is entitled to receive, with subscription paid by the Commonwealth, one copy of documents published under this part at the post office address specified by the member.
(b) Capitol copies. The Bureau may distribute, with subscription paid by the Commonwealth, the following additional copies of documents published under this part, as follows:
The provisions of this § 15.1(a) amended by JCD Order No. 6, dated May 21, 1970, 1 Pa.B. 10. Immediately preceding text appears at serial page (0111).
History
(a) One copy of documents published under this part shall be furnished, with subscription paid by the Commonwealth, to:
(1) The Court Administrator of Pennsylvania.
(2) A justice or law judge of a court of record at the post office address of his chambers as furnished to the Department by the Court Administrator of Pennsylvania.
(b) The Bulletin shall be furnished, with subscription paid by the Commonwealth, as follows:
(1) The Prothonotary of a county.
(2) The Clerk of Courts of a county.
(3) The Clerk of the Orphans’ Court Division of a county.
(4) District Justices.
The provisions of this § 15.2 amended through December 9, 1977, 7 Pa.B. 3593. Immediately preceding text appears at serial page (19279).
History
(a) One copy of documents published under this part shall be furnished, with subscription paid by the Commonwealth, to the executive head of each department or independent board or commission.
(b) The Code, or its titles or parts, and the Bulletin shall be furnished, with subscription paid by the Commonwealth, to officers and employes of the Commonwealth in such numbers as are needed for official use as determined by the Department under the policy supervision and direction of the Joint Committee. Requests for placement on the distribution lists for the Code or Bulletin or both under this section shall be made in writing to the Director, Bureau of Management Services, Department of General Services.
The provisions of this § 15.3 amended October 13, 1972, 2 Pa.B. 1928. Immediately preceding text appears at serial page (0276).
History
The Bureau shall distribute one copy of the Bulletin, with subscription paid by the Commonwealth, to each political subdivision, as follows:
(1) The office of county commissioners of counties except counties of the first class.
(2) The office of the Mayor of a city, borough or incorporated town.
(3) The secretary of the board of commissioners or supervisors of a township.
(4) The office of a school district.
The provisions of this § 15.4 amended by JCD Order No. 6, dated May 21, 1970, 1 Pa.B. 10. Immediately preceding text appears at serial page (0112).
History
The Bureau shall distribute, with subscription paid by the Commonwealth, one copy of documents published under this part to the following:
(1) A county law library within this Commonwealth at the address certified by the President Judge of the court of common pleas of the judicial district which includes the county.
(2) The State Law Library.
(3) A library requesting the documents and entitled to them under section 425 of the Library Code (24 P. S. § 4425).
The provisions of this § 15.5 issued under section 425 of The Library Code (24 P. S. § 4425).
The provisions of this § 15.5 amended by JCD Order No. 5, dated December 2, 1969.
History
The Bureau shall distribute, with subscription paid by the Commonwealth, one copy of documents published under this part to a law school library situated in this Commonwealth which, under rules of court, receives copies of printed briefs and records filed in the Supreme Court of Pennsylvania.
The provisions of this § 15.6 amended by JCD Order No. 5, dated December 2, 1969.
History
The Bureau shall distribute, with subscription paid by the Commonwealth, to other states and foreign jurisdictions on a reciprocal basis copies of documents published under this part upon requisitions of the State Law Library and the approval of the requisitions by the Joint Committee.
The provisions of this § 15.7 amended by JCD Order No. 5, dated December 2, 1969.
History
To meet requirements for special distribution in special quantity of the Bulletin or portions of the Code, agencies may request an overrun of a specific printing. Advance printing and binding requisitions submitted by the agency in writing directly to the Bureau shall be received no later than 12 noon of the day before printing commences. It is the responsibility of the agency to determine the time printing commences by inquiry to the Bureau.
The provisions of this § 15.8 amended October 13, 1972, 2 Pa.B. 1928. Immediately preceding text appears at serial page (0760).
This section cited in 1 Pa. Code § 15.9 (relating to individual regulations).
History
(a) Under 45 Pa.C.S. § 729 (relating to publication of individual documents), the Code shall be published under typographical and contractual arrangements which shall ensure to every agency and court the opportunity to procure at reasonable cost individually printed pamphlet copies of the regulations, statements of policy and rules of court of such agency or court published by authority of the act.
(b) Pamphlet copies requested at the time of printing under § 15.8 (relating to requisitions for quantity overruns of specific items) are available to an agency at incremental cost plus binding and handling. Pamphlet copies otherwise requested are available to an agency at the cost of press set-up, printing and binding, but without charge for typography. Reference should be made to § 17.58 (relating to resolution of disagreements concerning the form or format of documents).
History
(a) The established price for the Code, including binders, tabs, packaging and mailing to any point in the United States, the established annual subscription price for the complete supplementation service known as the Pennsylvania Code Reporter, including postage to any point in the United States and prices for individual use units of the Code and related supplementation service will be fixed in the manner provided by the contract between the Commonwealth and the publisher of the Code. The prices will be set forth in the Preface to Title 1 of the Code.
(b) The Bureau will furnish upon request reproductions of documents published under this part at a price of 25¢ per page.
The provisions of this § 15.21 adopted by JCD Order No. 5, dated December 2, 1969, and amended through June 6, 1980, effective June 7, 1980, 10 Pa.B. 2328; amended December 6, 1991, effective December 7, 1991, 21 Pa.B. 5642; amended July 21, 1995, effective July 22, 1995, and apply retroactively to July 1, 1995, 25 Pa. B. 2882. Immediately preceding text appears at serial pages (188999) to (189000).
This section cited in and 1 Pa. Code § 17.34 (relating to reproductions and certified copies of documents).
History
(a) Under 45 Pa.C.S. § 731 (relating to automatic subscriptions), by order published at 12 Pa.B. 1096 (April 3, 1982), the Joint Committee terminated the automatic subscription provisions as they related to the Pennsylvania Public Utility Commission.
(b) Under 45 Pa.C.S. § 731 by order published at 24 Pa.B. 2388 (May 7, 1994), the Joint Committee terminated the automatic subscription provisions as they related to the Department of Banking.
(c) Under 45 Pa.C.S. § 731 by order published at 25 Pa.B. 2882 (July 22, 1995), the Joint Committee terminated the automatic subscription provisions as they related to the Insurance Department.
The provisions of this § 15.23 issued under The Administrative Code of 1929 (71 P. S. § § 66, 186, 411 and 412); and 45 Pa.C.S. § § 502—504 and 729—731.
The provisions of § 15.23 amended through October 19, 1984, effective October 20, 1984, 14 Pa.B. 3865; amended May 6, 1994, effective upon publication and apply to subscriptions for FY 1994-95, 24 Pa.B. 2388, amended July 21, 1995, effective July 22, 1995, and apply retroactively to July 1, 1995, 25 Pa.B. 2882. Immediately preceding text appears at serial pages (189000) to (189001).
History
Under 45 Pa.C.S. § 504 (relating to payment for documents), payments for documents published by authority of the act shall be made to the Department, which shall pay the same into the State Treasury through the Department of Revenue to the credit of the appropriations of the Bureau and the Department in proportions as the Joint Committee shall specify.
History
Under 45 Pa.C.S. § 505 (relating to distribution of publication expenses), in order to reimburse the Bureau for the cost of administering the act and in order to reimburse the Department for the expenses of the Joint Committee and for the costs incurred in printing and distributing the publications provided for in the act which are neither recovered by the sale of the publications to an agency or to the public nor paid by subsequent appropriations made directly to the Bureau or the Department for the costs and expenses of such administration, printing and distribution, every agency or court issuing documents published by authority of the act shall be billed at least quarterly by the Bureau and the Department, upon a cost basis, at the amounts as the Joint Committee with the approval of the Executive Board shall determine for the costs and expenses, including costs incurred pursuant to the initial publication of the Code; that amounts payable thereunder for reimbursing the Bureau and the Department for the costs of administration and printing and distribution shall be credited to the appropriations of the Bureau and the Department respectively, and shall be paid out of the moneys in the General Fund, special operating funds, or other funds of the State Treasury currently appropriated to an issuing agency or court; and that nothing in the section shall limit the right of the General Assembly to make annual appropriations to the Bureau or to the Department or both for their total anticipated costs and expenses under the act.
History
The following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise: Act—The Regulatory Review Act (71 P.S. § § 745.1—745.14). Agency—As defined in section 3 of the act (71 P.S. § 745.3). Blackout period—The 48-hour period immediately preceding the call to order of the public meeting. CDL—Commonwealth Documents Law—The act of July 31, 1968 (P.L. 769, No. 240) (45 P.S. § § 1102 and 1201—1208) and 45 Pa.C.S. Part II (relating to publication and effectiveness of Commonwealth documents). Comments—Written statements delivered to the agency or Commission supporting, opposing or recommending changes to a final, proposed or existing regulation which is subject to review by the Commission. Comments do not include previously published or copyrighted material. Commission comments—Objections, recommendations, statements or questions relating to a proposed regulation issued by the Commission in accordance with section 5(g) of the act (71 P.S. § 745.5(g)). Commission—The Independent Regulatory Review Commission. Committee—As defined in section 3 of the act. Committee action—Approval or disapproval of a regulation, or notice that the committee intends to review the regulation under section 5.1(j.2) of the act (71 P.S. § 745.5.a(j.2)); or reporting of a concurrent resolution under section 7(d) of the act (71 P.S. § 745.7(d)), within the time allotted by the act.
Commonwealth Attorneys Act—The act of October 15, 1980 (P.L. 950, No. 164) (71 P.S. § § 732-101—732-506). Deemed approved by the Commission—The approval of a regulation by the Commission by operation of law when the Commission has not approved or disapproved the regulation, in accordance with section 5.1(e) of the act. The approval of an agency report by operation of law when the Commission has not approved or disapproved the agency report, in accordance with section 7(c.1) of the act. Deemed approved by a committee—The approval of a regulation by a committee by operation of law when the committee has not taken action on a regulation under section 5.1(j.2) or 7(d) of the act. Delivery—
(i) The deposit of regulations, correspondence or other documents with the Commission or committees through postal or other delivery service, hand delivery, email or facsimile.
(ii) The deposit of orders, Commission comments, public comments, correspondence or other documents with agencies, committees or persons through postal or other delivery service, hand delivery, e-mail or facsimile. Embargoed material—
(i) Comments pertaining to a regulation on the agenda for the Commission’s public meeting delivered during the blackout period by anyone, except comments from the agency or members of the General Assembly and their staffs.
(ii) The term does not include comments submitted by any person at the request of the Commission. End of the legislative session—The adjournment sine die or the expiration of the regular legislative session in an even-numbered year. Existing regulation—An enforceable regulation codified in the Pennsylvania Code. Face sheet—A form accompanying a regulation for filing documents with the LRB, completed in accordance with the regulations of the Joint House Committee on Documents. See 1 Pa. Code § 13.12 (relating to requirements as to form and size). Final regulation—A final-form or final-omitted regulation. Final-form regulation—As defined in section 3 of the act. Final-omitted regulation—As defined in section 3 of the act. Form letters—Letters which contain verbatim text. LRB—The Legislative Reference Bureau of the Commonwealth. Order—The statement of the Commission’s findings and action on a final regulation, which is not subject to appeal. Preamble—A part of the regulatory package that provides information about the following:
(i) A proposed regulation that includes the effective date, statutory authority, purpose and explanation of the regulation, a description of the amendments to the regulation, fiscal impact, contact person and details regarding the public comment period.
(ii) A final regulation that includes the effective date, statutory authority, purpose and explanation of the regulation, a description of any amendments made from the proposed stage, fiscal impact, contact person and a response to all comments received, unless that response is provided in a separate document.
(iii) A final-omitted regulation that includes the effective date, statutory authority, purpose and explanation of the regulation, legal authority for omitting the proposed stage, a description of any amendments to the regulation, fiscal impact and contact person. Promulgate—As defined in section 3 of the act. Proposed regulation—As defined in section 3 of the act. Public meeting—The scheduled meeting of the Commission conducted in accordance with the Sunshine Act. Regulation—As defined in section 3 of the act. Regulatory analysis form—The document accompanying a regulation that contains the information required under section 5(a) of the act. Regulatory review criteria—The criteria delineated in section 5.2(a) and (b) of the act. Sunshine Act—65 Pa.C.S. § § 701—716. Transmittal sheet—The form accompanying a regulation which lists the regulation number, the title of the regulation, the agency promulgating the regulation, the type of regulation, the date of delivery and the signatures of the persons receiving the regulation on behalf of the committees, the Commission, the Attorney General (for proposed and final-omitted regulations) and the LRB (for proposed regulations). Web site—The Commission’s web site at www.irrc.state.pa.us. Withdrawal—As defined in section 3 of the act.
The provisions of this § 301.1 amended March 26, 2004, effective March 27, 2004, 34 Pa.B. 1681; amended November 2, 2007, effective November 3, 2007, 37 Pa.B. 5886; amended April 13, 2018, effective April 14, 2018, 48 Pa.B. 2126. Immediately preceding text appears at serial pages (330901) to (330903).
This section cited in 1 Pa. Code § 305.1 (relating to delivery of a proposed regulation); 1 Pa. Code § 307.2 (relating to delivery of a final-form regulation); and 1 Pa. Code § 307.3 (relating to delivery of a final-omitted regulation).
History
(a) The Commission will retain regulation files for no less than the time period in the following schedule:
(1) Promulgated regulations. Four years after the date of promulgation.
(2) Withdrawn or deemed withdrawn regulations. Four years after the date of delivery of the proposed or final-omitted regulation to the Commission.
(3) Final regulations which are not promulgated. Four years after the date of delivery to the Commission.
(b) Regulation files will include the following materials:
(1) The original regulatory analysis form and the original regulation.
(2) Comments received from the time a proposed or final regulation is delivered until the Commission takes action on the regulation under section 5.1(e), (g)(3) or 7(c.1) of the act (71 P.S. § 745.5a(e), (g)(3) and 7(c.1)), or until the regulation is withdrawn or deemed withdrawn.
(3) Commission comments.
(4) Commission orders.
(c) After the Commission takes final action on a regulation under section 5.1(e), (g)(3) or 7(c.1) of the act or the regulation is withdrawn or deemed withdrawn, the Commission’s regulation file will be closed.
(d) Any person may examine or obtain copies of the materials contained in regulation files. The Commission will make regulation files available by doing one or more of the following:
(1) Posting on the Commission’s web site.
(2) Sending by means of e-mail or first class mail upon request.
(3) Allowing inspection in the Commission office during normal business hours upon request.
(e) The Commission may charge reasonable fees for copying, certifying and mailing material contained in a regulation file. Fees are established in the Commission’s Right to Know Law Policy, which is available in the Commission’s office and posted on the web site.
The provisions of this § 301.2 amended March 26, 2004, effective March 27, 2004, 34 Pa.B. 1681; amended November 2, 2007, effective November 3, 2007, 37 Pa.B. 5886; amended April 13, 2018, effective April 14, 2018, 48 Pa.B. 2126. Immediately preceding text appears at serial pages (330903) to (330904).
History
(a) The Commission will determine the date and time of delivery of comments and documents as follows:
(1) E-mail. The time and date of receipt by the Commission as indicated on the Commission’s computer system.
(2) Fax. The time and date of receipt by the Commission as indicated on the transmittal report generated by the Commission’s facsimile machine.
(3) Postal or other delivery service. As indicated on the Commission’s time and date stamp.
(4) Hand delivery. As indicated on the Commission’s time and date stamp.
(b) If the commentator requests confirmation of delivery of hand-carried comments or documents, the commentator shall include an additional copy of the first page. The Commission will stamp the copy with the date and time of delivery and return it to the commentator. If the commentator requests confirmation of a document delivered through the postal or another delivery service, the commentator shall include an additional copy of the first page and a stamped, self-addressed envelope. The Commission will stamp the additional copy with the date and time of delivery and mail it to the commentator.
(c) If the commentator requests confirmation of delivery of e-mailed or faxed comments or documents, the Commission will fax or e-mail confirmation of delivery to the commentator.
(d) The commentator shall have the responsibility to obtain confirmation that comments or documents were delivered prior to the blackout period.
The provisions of this § 301.3 amended March 26, 2004, effective March 27, 2004, 34 Pa.B. 1681; amended April 13, 2018, effective April 14, 2018, 48 Pa.B. 2126. Immediately preceding text appears at serial page (330904).
History
(a) The time period for an agency to deliver a regulation or report to the Commission or a committee will end on the first business day after the expiration day established in the act or this part if the expiration day is one of the following:
(1) A legal holiday.
(2) Declared a holiday by the Office of Administration.
(3) A day on which Commonwealth, Commission or committee offices located in Harrisburg are closed due to emergency circumstances.
(4) A day on which the staff offices of the Commission or Senate or House of Representatives are officially closed.
(5) A Saturday or Sunday.
(b) A part-day holiday is considered a normal business day and not a day that would require the extension of a time period for delivery.
(c) The Commission will stamp the date and time of delivery of a regulation on the transmittal sheet and on the regulatory analysis form.
The provisions of this § 301.4 amended March 26, 2004, effective March 27, 2004, 34 Pa.B. 1681. Immediately preceding text appears at serial page (257274).
History
(a) The Commission review period will end on the first business day after the expiration day established under the act or this part if the expiration day is one of the following:
(1) A legal holiday.
(2) Declared a holiday by the Office of Administration.
(3) A day on which Commonwealth, Commission or committee offices located in Harrisburg are closed due to emergency circumstances.
(4) A day on which the Commission office is officially closed.
(5) A Saturday or Sunday.
(b) A part-day holiday is considered a normal business day and not a day that would require the extension of a committee or Commission review period.
The provisions of this § 301.5 amended March 26, 2004, effective March 27, 2004, 34 Pa.B. 1681; amended November 2, 2007, effective November 3, 2007, 37 Pa.B. 5886. Immediately preceding text appears at serial page (303097).
History
(a) Immediately upon discovery that the agency has delivered a regulation to a committee other than the committee designated to review its regulations, the agency shall deliver the regulation to the designated committee.
(b) With the delivery of a proposed regulation to the designated committee, the agency shall include all comments received since the beginning of the public comment period.
(c) The regulation will not be considered delivered for the purposes of the act and this chapter until it is delivered to the designated committee.
(d) The review period of the Commission will begin as follows:
(1) For proposed regulations, the day after the close of the public comment period under § 305.3 (relating to Commission comments) or the day after delivery to the designated committee, whichever is later.
(2) For final regulations, the day after delivery to the designated committee.
The provisions of this § 301.6 amended March 26, 2004, effective March 27, 2004, 34 Pa.B. 1681; amended November 2, 2007, effective November 3, 2007, 37 Pa.B. 5886. Immediately preceding text appears at serial pages (303097) to (303098).
History
(a) If an agency withdraws or is deemed to have withdrawn a regulation, the Commission and the committees will cease their review of the regulation and will not take further action on the regulation.
(b) If the agency withdraws a proposed regulation, but subsequently desires to proceed with promulgation, the agency shall deliver a new proposed regulation in accordance with § 305.1 (relating to delivery of a proposed regulation).
(c) If the agency withdraws a final-form regulation after delivery to the Commission and the committees and before the Commission’s public meeting, but subsequently desires to proceed with promulgation, the agency may deliver a new final-form regulation in accordance with § 307.2 (relating to delivery of a final-form regulation) within 2 years from the close of the public comment period.
(d) If the agency desires to proceed with promulgation of a withdrawn regulation but does not submit a new final-form regulation within 2 years from the close of the public comment period, the agency shall deliver a new proposed regulation.
The provisions of this § 301.7 amended April 13, 2018, effective April 14, 2018, 48 Pa.B. 2126. Immediately preceding text appears at serial page (330906).
This section cited in 1 Pa. Code § 307.4 (relating to amending by withdrawal the regulation or tolling the review period).
History
An agency may notify the Commission, in writing, of the name, title, address, e-mail address, telephone number and facsimile number of a single agency representative or office designated to receive comments, orders, embargoed material and other documents relating to a regulation, which the Commission delivers by facsimile or e-mail to the agency. If the agency does not designate a representative, the Commission will deliver documents to the agency head.
The provisions of this § 301.8 amended March 26, 2004, effective March 27, 2004, 34 Pa.B. 1681; amended November 2, 2007, effective November 3, 2007, 37 Pa.B. 5886. Immediately preceding text appears at serial page (303098).
History
(a) The Commission may schedule public hearings on any matter before the Commission, including those that are related to a proposed, a final or an existing regulation under review.
(b) Notice of a public hearing will be published in accordance with the Sunshine Act. The notice will include the date and time of the public hearing, the subject matter of the public hearing and the address where the public hearing will take place.
(c) The chairperson will designate a hearing officer to preside at the public hearing. The hearing officer will be charged with preserving order during the public hearing. The hearing officer may determine the agenda, the order of commentators and the time allotted to each commentator.
(d) When participating at a public hearing, commentators shall bring ten written copies of their comments and supporting documents to the hearing.
The provisions of this § 301.9 amended March 26, 2004, effective March 27, 2004, 34 Pa.B. 1681; amended April 13, 2018, effective April 14, 2018, 48 Pa.B. 2126. Immediately preceding text appears at serial page (330907).
History
(a) The Commission will give notice of public meetings in accordance with the Sunshine Act.
(b) The Commission will deliver notice of a public meeting to the committees and agencies whose regulations are on the agenda at least 10 calendar days prior to the meeting date.
(c) Public meetings are conducted in compliance with the Sunshine Act.
(d) The Commission will make minutes of public meetings available by doing one or more of the following:
(1) Posting on the Commission’s web site.
(2) Sending by means of e-mail or First Class Mail upon request.
(3) Allowing inspection in the Commission office during normal business hours upon request.
(e) The Commission may charge reasonable fees for copying, certifying and mailing minutes. Fees are established in the Commission’s Right to Know Law Policy, which is available in the Commission’s office and posted on the web site.
The provisions of this § 303.1 amended November 2, 2007, effective November 3, 2007, 37 Pa.B. 5886; amended April 13, 2018, effective April 14, 2018, 48 Pa.B. 2126. Immediately preceding text appears at serial page (330909).
History
(a) During the blackout period, Commissioners and Commission staff may contact or request information from any person regarding the substance of a regulation on the Commission’s public meeting agenda.
(b) During the blackout period, the Commission will continue to accept comments submitted by agency staff, a member or staff person of the General Assembly, or a person submitting information at the request of the Commission. Comments submitted by other persons will be embargoed.
(c) Upon receipt, the Commission staff will deliver embargoed material and comments received during the blackout period to the agency and the committees.
(d) Upon the call to order of the public meeting, embargoed material will be distributed to the Commissioners.
The provisions of this § 303.2 amended March 26, 2004, effective March 27, 2004, 34 Pa.B. 1681; amended November 2, 2007, effective November 3, 2007, 37 Pa.B. 5886. Immediately preceding text appears at serial page (303101).
History
(a) For purposes of conducting official business, three Commissioners shall be physically present to constitute a quorum.
(b) Once a quorum is established, Commissioners who subsequently leave the meeting may continue to participate in meetings and vote on regulations by teleconference or proxy.
The provisions of this § 303.3 amended November 2, 2007, effective November 3, 2007, 37 Pa.B. 5886. Immediately preceding text appears at serial page (303102).
History
(a) A Commissioner may vote by proxy on any issue before the Commission, including the approval or disapproval of a regulation, if the following conditions are met:
(1) Except as set forth in subsection (b), the proxy shall be in writing, signed by the Commissioner and addressed to the Chairperson at the Commission’s office address.
(2) The Commissioner will deliver the proxy to the Commission, prior to the vote.
(3) The Commissioner will deliver a separate proxy for each vote.
(b) A Commissioner who is participating in a public meeting by telephone may verbally give his proxy to the Chairperson if he is unable to remain for the duration of the meeting.
(c) The Chairperson, another Commissioner or the Executive Director will present the proxy at the public meeting at the time of the Commission vote.
(d) The proxy shall be recorded as the Commissioner’s vote.
The provisions of this § 303.4 amended March 26, 2004, effective March 27, 2004, 34 Pa.B. 1681. Immediately preceding text appears at serial page (257278).
History
(a) The agency shall deliver a proposed regulation to the LRB, the committees and the Commission on the same date.
(b) The agency shall include the following material with the regulation:
(1) A completed regulatory analysis form.
(2) A face sheet signed by the agency head, the Office of Attorney General and the Office of General Counsel or the chief counsel of an independent agency.
(3) A transmittal sheet signed by the committees and the LRB.
(4) The preamble, which must include the information in the definition of ‘‘preamble’’ in § 301.1 (relating to definitions).
(5) Instructions for submitting public comments to the agency.
(6) The text of the proposed regulation.
The provisions of this § 305.1 amended March 26, 2004, effective March 27, 2004, 34 Pa.B. 1681; amended November 2, 2007, effective November 3, 2007, 37 Pa.B. 5886; amended April 13, 2018, effective April 14, 2018, 48 Pa.B. 2126. Immediately preceding text appears at serial page (330911).
This section cited in 1 Pa. Code § 301.7 (relating to withdrawal of a regulation); 1 Pa. Code § 311a.1 (relating to delivery of a proposed regulation after the end of the legislative session); 1 Pa. Code § 311a.4 (relating to delivery of a final regulation within 20 days before the end of the legislative session); 1 Pa. Code § 311a.5 (relating to delivery of a final regulation after the end of the legislative session); and 1 Pa. Code § 311a.7 (relatig to delivery of the report for subsequent review of a disapproved regulation).
History
(a) Proposed amendments to an existing regulation shall be illustrated as follows:
(1) Brackets to indicate language proposed to be deleted.
(2) Underscoring or bolding to indicate new language proposed to be added.
(b) The formatting described in subsection (a) is not required if the entire regulation is new and is not amending an existing regulation.
The provisions of this § 305.1a adopted November 2, 2007, effective November 3, 2007, 37 Pa.B. 5886.
This section cited in 1 Pa. Code § 307.3a (relating to formatting the text of a final regulation).
History
(a) From the date of delivery of the proposed regulation until the date the Commission takes final action on the regulation, the agency shall deliver to the Commission and committees copies of the following material relating to the regulation:
(1) If a comment indicates that a copy has been sent to the Commission and the agency verifies that the comment was delivered to the Commission, the agency is not required to deliver an additional copy of that comment.
(2) Reports from advisory groups which the Commission or a committee has requested.
(3) Public notices or announcements regarding solicitation of public comments and information regarding meetings the agency has held or will hold which the Commission or a committee has requested.
(4) Transcripts of public hearings which the Commission or a committee has requested.
(b) The agency shall deliver copies of comments to the Commission and the committees within 5 business days of receipt.
(c) The agency may deliver one copy of form letters received, and indicate the number of copies of that form letter it has received as of the date of delivery.
(d) The agency shall inform each commentator of the following:
(1) The name, e-mail address, address and phone number of the person in the agency from whom the commentator may request further information on the final-form regulation and the agency’s website address.
(2) That upon request, the agency will notify the commentator when the final-form regulation, is delivered to the Commission and published on the agency’s website.
(3) That upon request, the agency will provide the commentator with either a copy of the final-form regulation or a summary of the changes to the proposed regulation which are incorporated in the final-form regulation. If the agency ascertains that the commentator has Internet access and has been notified when the regulation has been published on the agency’s website, delivery may be made through publication of the regulation on the agency’s website.
The provisions of this § 305.2 amended March 26, 2004, effective March 27, 2004, 34 Pa.B. 1681; amended November 2, 2007, effective November 3, 2007, 37 Pa.B. 5886. Immediately preceeding text appears at serial page (303104).
This section cited in 1 Pa. Code § 311a.2 (relating to delivery of public comments after the end of the legislative session).
History
(a) Within 30 days after the close of the public comment period, the Commission may deliver Commission comments to the agency and the committees. The Commission will calculate its review period as beginning on the day after the expiration of the public comment period.
(b) An agency may extend or reopen the public comment period by delivering notice to the Commission and the committees, and publishing a notice in the Pennsylvania Bulletin that specifies the close of the extended or reopened public comment period.
(c) When an agency extends or reopens the public comment period, the following apply:
(1) If the agency extends or reopens the public comment period before the Commission review period expires, the Commission may have 30 days after the close of the extended or reopened public comment period to deliver Commission comments to the agency and the committees.
(2) If the agency reopens the public comment period after the Commission’s review period expires, the Commission may have 30 days after the close of the reopened public comment period to deliver Commission comments to the agency and the committees. The Commission comments, at the Commission’s discretion, will either supplement or replace the original Commission comments delivered to the agency and the committees within the time prescribed in subsection (a). If the Commission does not deliver comments within 30 days after the close of the reopened public comment period, the original Commission comments delivered to the agency and the committees in accordance with subsection (a) will remain the official Commission comments.
(3) The 2-year period for promulgation under § 307.1 (relating to two-year period for promulgation) will begin on the day after the extended or reopened public comment period ends.
(d) The agency shall verify receipt of Commission comments in the following manner:
(1) If the Commission comments are hand delivered, by signing the Commission’s receipt card.
(2) If the Commission comments are delivered by facsimile, by signing and transmitting by facsimile the cover page to the Commission.
(3) If the Commission comments are e-mailed, by sending a return e-mail to the Commission confirming receipt.
(e) Commission comments will specify the regulatory review criteria that are the basis for the Commission’s objections, recommendations, statements or questions.
The provisions of this § 305.3 amended March 26, 2004, effective March 27, 2004, 34 Pa.B. 1681; amended November 2, 2007, effective November 3, 2007, 37 Pa.B. 5886. Immediately preceeding text appears at serial page (303104).
This section cited in 1 Pa. Code § 301.6 (relating to delivery of a regulation to a committee other than the committee designated to review the agency’s regulation); 1 Pa. Code § 307.4 (relating to amending by withdrawing the regulation or tolling the review period); and 1 Pa. Code § 311a.1 (relating to delivery of a proposed regulation after the end of the legislative session).
History
If an agency does not deliver, or withdraws and does not resubmit, a final-form regulation within 2 years of the close of the original, extended or reopened public comment period for the proposed regulation, the agency is deemed to have withdrawn the regulation.
This section cited in 1 Pa. Code § 305.3 (relating to commission comments); 1 Pa. Code § 307.4 (relating to amending by withdrawing the regulation or tolling the review period); and 1 Pa. Code § 311a.5 (relating to delivery of a final regulation after the end of the legislative session).
History
(a) The agency shall deliver a final-form regulation to the committees and the Commission on the same date.
(b) On the same date that the agency submits the regulation to the committees and the Commission, the agency shall send, by first class mail or e-mail, a notice of submission and a copy of the text of the final-form regulation or a copy of all changes to the proposed regulation which are incorporated into the final-form regulation, to those commentators who requested information on the final-form regulation.
(c) The agency shall include the following documents with the regulation:
(1) A completed regulatory analysis form relating to the final-form regulation updated and revised to correspond with changes made to the proposed regulation.
(2) A face sheet signed by the agency head and the Office of General Counsel or chief counsel of an independent agency.
(3) A transmittal sheet signed by the committees.
(4) The agency’s response to the comments received. This response may be included in the preamble or in a separate document submitted with the regulation.
(5) The preamble, which must include a summary of the changes made to the proposed regulation and the information in the definition of ‘‘preamble’’ in § 301.1 (relating to definitions).
(6) The names and addresses of commentators who requested additional information on the final-form regulation or a statement that no commentator requested additional information.
(7) The text of the final-form regulation.
(d) Until the date the Commission takes final action on the regulation, the agency shall deliver to the Commission and committees copies of comments within 5 business days of receipt. If a comment indicates that a copy has been sent to the Commission and the agency verifies that the comment was delivered to the Commission, the agency is not required to deliver an additional copy of that comment. The agency may deliver one copy of form letters received and indicate the number of copies of that form letter it has received as of the date of delivery.
The provisions of this § 307.2 amended April 13, 2018, effective April 14, 2018, 48 Pa.B. 2126. Immediately preceding text appears at serial pages (375305) to (375306).
This section cited in 1 Pa. Code § 301.7 (relating to withdrawal of a regulation); 1 Pa. Code § 307.4 (relating to amending by withdrawing the regulation or tolling the review period); 1 Pa. Code § 311a.4 (relating to delivery of a final regulation within 20 days before the end of the legislative session); 1 Pa. Code § 311a.7 (relating to delivery of the report for subsequent review of a disapproved regulation); and 1 Pa. Code § 313.1 (relating to general).
History
(a) The agency shall deliver a final-omitted regulation to the committees, the Attorney General and the Commission on the same date.
(b) The agency shall include the following documents with the regulation:
(1) A completed regulatory analysis form.
(2) A face sheet signed by the agency head and the Office of General Counsel or chief counsel of an independent agency.
(3) A transmittal sheet signed by the committees and the Office of Attorney General.
(4) The preamble, which must include the information in the definition of ‘‘preamble’’ in § 301.1 (relating to definitions).
(5) The text of the final-omitted regulation.
(c) Until the date the Commission takes final action on the regulation, the agency shall deliver to the Commission and committees copies of comments within 5 business days of receipt. If a comment indicates that a copy has been sent to the Commission and the agency verifies that the comment was delivered to the Commission, the agency is not required to deliver an additional copy of that comment. The agency may deliver one copy of form letters received and indicate the number of copies of that form letter it has received as of the date of delivery.
The provisions of this § 307.3 amended April 13, 2018, effective April 14, 2018, 48 Pa.B. 2126. Immediately preceding text appears at serial page (375306).
This section cited in 1 Pa. Code § 311a.4 (relating to delivery of a final regulation within 20 days before the end of the legislative session); 1 Pa. Code § 311a.5 (relating to delivery of a final regulation after the end of the legislative session); 1 Pa. Code § 311a.7 (relating to delivery of the report for subsequent review of a disapproved regulation); and 1 Pa. Code § 313.1 (relating to general).
History
(a) When preparing and formatting the text of the final-form regulation, the agency shall use as its source document the proposed regulation as published by the LRB in the Pennsylvania Bulletin.
(b) If the proposed regulation was published in the format prescribed in § 305.1a(a) (relating to formatting the text of a proposed regulation) as an amendment to an existing regulation, amendments in the final-form regulation must be illustrated as follows:
(1) Strikeout type to indicate language in the existing or proposed regulation which is being deleted.
(2) Capital letters to indicate new language which is being added to the final-form regulation which was not included in the existing or proposed regulation.
(c) If the entire proposed regulation was published in the format in § 305.1a(b) as new, and not an amendment to an existing regulation, amendments in the final-form regulation shall be illustrated as follows:
(1) Brackets to indicate language in the proposed regulation which is being deleted.
(2) Underscoring or bolding to indicate new language which is being added in the final-form regulation.
(d) If the entire final-omitted regulation is new, and not an amendment to an existing regulation, the formatting described in subsections (b) and (c) is not required.
(e) If the final-omitted regulation is an amendment to an existing regulation, amendments in the final-omitted regulation must be illustrated as follows:
(1) Brackets to indicate language in the existing regulation which is being deleted.
(2) Underscoring or bolding to indicate new language which is being added in the final-omitted regulation.
(f) If there are extenuating circumstances that may prevent an agency from using the requirements of this section, the agency shall contact the Commission to discuss alternative formatting methods.
The provisions of this § 307.3a adopted November 2, 2007, effective November 3, 2007, 37 Pa.B. 5886; amended April 13, 2018, effective April 14, 2018, 48 Pa.B. 2126. Immediately preceding text appears at serial pages (375306) and (330917).
This section cited in 1 Pa. Code § 311.4 (relating to report for a disapproved regulation submitted with revisions).
History
After delivery of a final regulation to the Commission and committees, an agency may revise the regulation only if it does either of the following:
(1) Withdraws the final regulation in compliance with § 301.7 (relating to withdrawal of a regulation) and later submits the regulation with revisions. A revised final-form regulation shall be submitted within the 2-year time period under section 5.1(a) of the act (71 P. S. § 745.5a(a)) and § § 305.3, 307.1 and 307.2 (relating to Commission comments; two-year period for promulgation; and delivery of a final-form regulation). A revised final-omitted regulation shall be submitted under § 307.3 (relating to delivery of a final-omitted regulation).
(2) Tolls the review period in compliance with section 5.1(g) of the act and § 307.5 (relating to tolling the review period).
This section cited in 1 Pa. Code § 313.2 (relating to review of an emergency certified final regulation).
History
(a) The agency may toll the review period for up to 30 days only to consider revisions recommended by a committee or the Commission in compliance with section 5.1(g) of the act (71 P. S. § 745.5a(g)).
(b) If the agency decides to toll the review period, the agency shall notify the committees and the Commission under section 5.1(g)(1) of the act. The notice from the agency must be in writing and include:
(1) A citation to each section the agency is considering revising.
(2) A description of the revisions the agency is considering.
(3) An explanation of how the revisions the agency is considering will respond to the Commission’s or committee’s recommendations.
(c) The agency may not toll the review period if the Commission objects. The Commission may object if the agency indicates in its notice of intent to toll that it is considering revisions that are broader than or inconsistent with those recommended by the Commission or a committee, or that do not meet the criteria in section 5.2 of the act (71 P. S. § 745.5b).
(d) If the Commission objects, the review period will not be tolled and the regulation will be reviewed within the time period established under section 5.1(e)—(j.3) of the act.
(e) Before the expiration of the 30-day tolled review period, the agency shall do one of the following:
(1) Deliver a revised regulation to the committees, the Commission and the Attorney General (for a final-omitted regulation) on the same date.
(2) Notify the Commission, the committees and the Attorney General (for a final-omitted regulation), on the same date, that it will not revise the regulation.
(f) The agency shall include a transmittal sheet signed by the committees with its delivery of the revised regulation or notice that the regulation will not be revised.
(g) If the revised regulation contains provisions that were not recommended by the Commission or a committee, the Commission may disapprove the regulation.
(h) The agency may toll the review period only one time.
This section cited in 1 Pa. Code § 307.4 (relating to amending by withdrawal the regulation or tolling the review period); and 1 Pa. Code § 313.2 (relating to review of an emergency certified final regulation).
History
(a) The Commission may not act on a final regulation until the expiration of the time for committee review under section 5.1(j.1) of the act (71 P. S. § 745.5a(j.1)).
(b) The Commission may have until its next scheduled meeting which occurs no less than 30 days after delivery of the final regulation to take action on the regulation. The Commission will calculate its review period as beginning the day after the delivery of the regulation to the Commission and the committees.
(c) If the Commission is unable to approve or disapprove a final regulation because of the lack of a quorum, its review period will be extended for 30 days or until the next meeting at which a quorum is present, whichever occurs first.
(d) To determine whether the final regulation meets the regulatory review criteria, the Commission will consider the following:
(1) Comments from the committees.
(2) Comments from members of the General Assembly.
(3) Pertinent opinions issued by Pennsylvania and Federal courts.
(4) Comments from the public.
(5) The agency’s response to comments and Commission comments.
This section cited in 1 Pa. Code § 309.1 (relating to Commission and committee action on a final regulation).
History
(a) The Commission may approve or disapprove a final regulation by majority vote of members participating.
(b) If a committee does not take action on a regulation under section 5.1(j.2) or (j.3) of the act (71 P.S. § 745.5a(j.2) and (j.3)), the committee is deemed to have approved the regulation.
(c) The Commission is deemed to have approved a final-form regulation under section 5(g) of the act (71 P.S. § 745.5(g)) and section 5.1(e) of the act if one of the following conditions applies:
(1) All of the following events occur:
(i) The Commission has not issued comments relating to any portion of the regulation as proposed within the time provided for its review.
(ii) The agency has not made changes in the final-form regulation which were not included in the proposed regulation.
(iii) A committee has not conveyed to the Commission or agency any recommendations, comments or objections after the expiration of the Commission comment period under section 5(g) of the act but within the time frame for committee review under section 5.1(j.2) of the act.
(iv) The agency has complied with the act and this part.
(v) The Commission has a public meeting no less than 30 days after receipt of the final-form regulation.
(2) The Commission does not take action within the time period established under § 307.6 (relating to time period for Commission review of a final regulation).
(3) The Commission’s vote results in a tie and the time for the Commission’s review expires.
(d) The Commission will notify the LRB, the committees and the agency of its action on or deemed approval of a regulation.
(e) When the committees and the Commission approve or are deemed to have approved a regulation, the agency may proceed with promulgation of the regulation.
The provisions of this § 309.1 amended April 13, 2018, effective April 14, 2018, 48 Pa.B. 2126. Immediately preceding text appears at serial pages (330921) to (330922).
History
(a) A committee may notify the Commission and the agency that it has disapproved a regulation or that it intends to review the regulation, in accordance with section 5.1(j.2) of the act (71 P. S. § 745.5a(j.2)).
(b) If a committee disapproves a regulation, or notifies the Commission and the agency that it intends to review the regulation, the agency may not promulgate the regulation until the time for reporting and adopting a concurrent resolution expires in accordance with section 5.1(j.2) and (j.3) and section 7(d) of the act (71 P. S. § 745.7(d)).
History
(a) If the Commission disapproves a final regulation, the Commission will issue a disapproval order specifying the regulatory review criteria that the regulation has not met.
(b) The Commission will deliver its disapproval order to the LRB, the committees, the agency and the Attorney General. The Commission will notify commentators listed by the agency as having requested information on the final regulation by delivery of the disapproval order or by publication of a legal notice under 45 Pa.C.S. Chapter 3 (relating to Newspaper Advertising Act) or on the web site.
(c) The Commission’s disapproval order shall continue the bar on the promulgation of the regulation until the review provided under section 7(d) of the act (71 P.S. § 745.7(d)) and this chapter is completed.
The provisions of this § 311.1 amended April 13, 2018, effective April 14, 2018, 48 Pa.B. 2126. Immediately preceding text appears at serial page (330923).
History
(a) Upon receipt of the Commission’s disapproval order, the agency may select one of the following three options:
(1) To proceed with promulgation of the regulation without revisions, under § 311.3 (relating to report for a disapproved regulation submitted without revisions or modifications).
(2) To revise the regulation in order to respond to the Commission’s objections, under § 311.4 (relating to report for a disapproved regulation submitted with revisions).
(3) To withdraw the regulation, under subsection (b).
(b) If the agency does not deliver a report to the Commission and the committees within the time prescribed in section 7(b) or (c) of the act (71 P. S. § 745.7(b) and (c)) and § 311a.7 (relating to delivery of the report for subsequent review of a disapproved regulation), the agency is deemed to have withdrawn the regulation.
This section cited in 1 Pa. Code § 311.3 (relating to report for a disapproved regulation submitted without revisions or modifications); and 1 Pa. Code § 311.4 (relating to report for a disapproved regulation submitted with revisions).
History
If the agency chooses to proceed with promulgation of the regulation without revision under § 311.2(a)(1) (relating to response by an agency to Commission disapproval), the report must contain the following:
(1) The final regulation.
(2) The Commission’s disapproval order.
(3) The agency’s response to the Commission’s disapproval.
(4) A signed transmittal sheet indicating the report was delivered to the committees on the same date on which it was delivered to the Commission.
This section cited in 1 Pa. Code § 311.2 (relating to response by an agency to Commission disapproval); and 1 Pa. Code § 311a.7 (relating to delivery of the report for subsequent review of a disapproved regulation).
History
If the agency chooses to revise or modify the final regulation under § 311.2(a)(2) (relating to response by an agency to Commission disapproval), the report must contain the following:
(1) A completed regulatory analysis form.
(2) The revised final regulation, formatted in accordance with § 307.3a (relating to formatting the text of a final regulation).
(3) The Commission’s disapproval order.
(4) A detailed explanation of how the revisions respond to the Commission’s disapproval order.
(5) A signed transmittal sheet indicating that the report was delivered to the committees on the same day on which it was delivered to the Commission.
The provisions of this § 311.4 amended April 13, 2018, effective April 14, 2018, 48 Pa.B. 2126. Immediately preceding text appears at serial pages (330924) and (346857).
This section cited in 1 Pa. Code § 311.2 (relating to response by an agency to Commission disapproval); and 1 Pa. Code § 311a.7 (relating to delivery of the report for subsequent review of a disapproved regulation).
History
(a) The Commission may have until its next scheduled meeting which occurs no less than 15 days from receipt of the report to approve or disapprove the report. The Commission will calculate its review period as beginning the day after receipt of the report.
(b) If the Commission does not disapprove the report, the Commission is deemed to have approved the report.
(c) Upon receipt of the Commission’s order approving or disapproving the report, or at the expiration of the Commission’s review period if the Commission does not act on the report or deliver its order within the time prescribed by section 7(c.1) of the act (71 P.S. § 745.7(c.1)), the committees will have 14 days to review the report in accordance with section 7(d) of the act.
(d) If, by the expiration of the 14-day period, neither committee reports a concurrent resolution, the committees will be deemed to have approved the report.
(e) If the committees and the Commission approve or are deemed to have approved the report, the agency may proceed with promulgation of the revised final regulation.
(f) If a concurrent resolution is reported, the bar on the promulgation of the final regulation shall continue until the review provided under section 7(d) of the act is completed.
(g) If a concurrent resolution is adopted by the House and the Senate and the Governor approves or is deemed to have approved the resolution, or if the Governor’s veto of the resolution is overridden, in accordance with section 7(d) of the act the agency shall be permanently barred from promulgating the regulation.
The provisions of this § 311.5 adopted March 26, 2004, effective March 27, 2004, 34 Pa.B. 1681; amended April 13, 2018, effective April 14, 2018, 48 Pa.B. 2126. Immediately preceding text appears at serial page (346857).
History
(a) An agency may deliver a final regulation as an emergency certified regulation, under section 6(d) of the act (71 P. S. § 745.6(d)), in either of the following situations:
(1) The Attorney General certifies that the regulation is required to satisfy the order of a State or Federal court, or to implement the provisions of a Federal statute or regulation.
(2) The Governor certifies that the regulation is required to avoid an emergency which may threaten the public health, safety or welfare, cause a budget deficit or create the need for supplemental or deficiency appropriations of greater than $1 million.
(b) The agency shall deliver the emergency certified final-form regulation and the certification from the Attorney General or the Governor in accordance with § 307.2 (relating to delivery of a final-form regulation).
(c) The agency shall deliver the emergency certified final-omitted regulation and the certification from the Attorney General or the Governor in accordance with § 307.3 (relating to delivery of a final-omitted regulation).
History
(a) An emergency certified final regulation shall take effect immediately upon publication in the Pennsylvania Bulletin, or on the date specified in the agency’s adoption order.
(b) Review of an emergency certified regulation shall be in accordance with the procedures of Chapters 307, 309, 311 and 311a. If the emergency certified regulation is disapproved, the regulation shall be rescinded after 120 days or upon final disapproval under section 7(d) of the act (71 P. S. § 745.7(d)), whichever occurs later.
(c) Except as provided in section 5.1(g) of the act (71 P. S. § 745.5a(g)) and § § 307.4 and 307.5 (relating to tolling the review period; and procedures for tolling), an agency may not make changes to an emergency certified regulation after the agency delivers the regulation to the Commission and the committees.
History
(a) The Commission, on its own motion or at the request of any person or member of the General Assembly, may review an existing regulation which has been in effect for at least 3 years, under section 8.1 of the act (71 P.S. § 745.8a). If a committee of the Senate or House of Representatives requests the review, the Commission will assign it high priority.
(b) Upon delivery of a request to review an existing regulation, the Commission will initiate a preliminary review to determine whether further review is warranted.
(c) If the Commission determines that further review is not warranted, the matter will be closed. The Commission will notify the person or entity requesting the review of the existing regulation that no further action will be taken.
(d) If it is determined that further review is warranted, the Commission will notify the agency of the issues that have been raised and request a written response.
(e) After review of the agency’s response and other relevant material, the Commission will issue a report setting forth its findings, conclusions or recommendations.
(f) The Commission will deliver its report to the agency, the committees, the Governor and the Attorney General. The Commission’s report may include recommendations for amendment of the statute that provides statutory authority for the regulation.
The provisions of this § 315.1 amended November 2, 2007, effective November 3, 2007, 37 Pa.B. 5886; amended April 13, 2018, effective April 14, 2018, 48 Pa.B. 2126. Immediately preceding text appears at serial page (330935).
History
If the Commission finds that a published or unpublished document should be promulgated as a regulation, the Commission will present its finding to the Joint House Committee on Documents. The Joint House Committee on Documents shall determine whether the document should be promulgated as a regulation, and may order the agency to promulgate the document as a regulation within 180 days, or to desist from using the document in its business.
The provisions of this § 315.2 amended April 13, 2018, effective April 14, 2018, 48 Pa.B. 2126. Immediately preceding text appears at serial pages (330935) to (330936).
History
Conecte o Omnilex para pesquisar o corpus jurídico pelo seu assistente de IA.