reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 2 - OFFICES OF ADMINISTRATION AND THE BUDGET › Subchapter A - SUBMISSION AND CONSIDERATION OF APPLICATIONS FOR AWARDS OF FEES AND EXPENSES › STATEMENTS OF POLICY › Section 2.11 - Statements of policy

Current through Register Vol. 54, No. 28, July 13, 2024
The act requires the Governor's Office of Budget and
						Administration to promulgate guidelines or uniform procedures for the
						submission and consideration of applications for awards of fees and other
						expenses. Those guidelines are contained in §
											§
											2.1-2.9
						(relating to general provisions). The following additional guidelines, as
						statement of policy of the Governor's Office, are provided for the use of
						Commonwealth agencies.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 2 - OFFICES OF ADMINISTRATION AND THE BUDGET › Subchapter A - SUBMISSION AND CONSIDERATION OF APPLICATIONS FOR AWARDS OF FEES AND EXPENSES › STATEMENTS OF POLICY › Section 2.12 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used with this
						subchapter, have the following meanings, unless the context clearly indicates
						otherwise:
Adjudicative officer
-The final deciding
						official of an agency, whether designated an administrative law judge, hearing
						officer, examiner, referee, or otherwise, who is presiding over a proceeding at
						the time of final disposition. The term may include more than one official,
						such as a hearing board.
Final disposition
-A final adjudication
						on the merits of a case, withdrawal or termination of charges by the
						Commonwealth agency, or approval of a settlement of a case by the Commonwealth
						agency initiating the case.
Proceeding
-An action initiated by a
						Commonwealth agency, up to and including final disposition.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 2 - OFFICES OF ADMINISTRATION AND THE BUDGET › Subchapter A - SUBMISSION AND CONSIDERATION OF APPLICATIONS FOR AWARDS OF FEES AND EXPENSES › STATEMENTS OF POLICY › Section 2.13 - Submission of application

Current through Register Vol. 54, No. 28, July 13, 2024
An applicant must submit an application to the
						adjudicative officer within 30 calendar days after final disposition of the
						adversary adjudication. The additional copy required by the act is to be sent
						directly to the agency's chief counsel.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 2 - OFFICES OF ADMINISTRATION AND THE BUDGET › Subchapter A - SUBMISSION AND CONSIDERATION OF APPLICATIONS FOR AWARDS OF FEES AND EXPENSES › STATEMENTS OF POLICY › Section 2.14 - Reopening of record

Current through Register Vol. 54, No. 28, July 13, 2024
The adjudicative officer may reopen the record following
						final disposition to require additional evidence relating to the amount of fees
						and expenses and whether or not they were reasonable and necessary. No further
						evidence may be presented at that time on the question of whether or not a
						position of the Commonwealth agency giving rise to the claim for fees and
						expenses was or was not substantially justified.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 2 - OFFICES OF ADMINISTRATION AND THE BUDGET › Subchapter A - SUBMISSION AND CONSIDERATION OF APPLICATIONS FOR AWARDS OF FEES AND EXPENSES › STATEMENTS OF POLICY › Section 2.15 - Net worth and number of employes

Current through Register Vol. 54, No. 28, July 13, 2024
Both the net worth and the number of employes of an
						applicant and all of its affiliates shall be aggregated to determine
						eligibility. A party that directly or indirectly controls or owns a majority of
						the voting shares of another business, or controls, in any manner, the election
						of a majority of that business' board of directors, trustees, or other persons
						exercising similar functions, shall be considered an affiliate for purposes of
						this subchapter, unless the adjudicative officer determines that the treatment
						would be unjust and contrary to the purposes of the act in light of the actual
						relationship between the affiliated entities. In addition, the adjudicative
						officer may determine that financial relationships of the applicant, other than
						those described in this subsection, constitute special circumstances that would
						make an award unjust. A part-time employe who works more than 20 hours per week
						should be counted as one employe. A part-time employe who works 20 hours or
						less per week should be counted as one-half an employe.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 2 - OFFICES OF ADMINISTRATION AND THE BUDGET › Subchapter A - SUBMISSION AND CONSIDERATION OF APPLICATIONS FOR AWARDS OF FEES AND EXPENSES › STATEMENTS OF POLICY › Section 2.16 - Sole owner of an unincorporated business

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An individual who is the sole owner of an
					 unincorporated business and who, at the time the adversary adjudication was
					 initiated against him, had an individual net worth not exceeding $500,000 but
					 whose unincorporated business had a net worth not exceeding $2 million or had
					 more than 250 employes will be considered an individual rather than a sole
					 owner of an unincorporated business only for those issues on the merits on
					 which he prevails which primarily relate to his interests as an individual and
					 which are severable from issues relating to his interests as sole owner of an
					 unincorporated business.
(b) An
					 individual who is the sole owner of an unincorporated business and who, at the
					 time the adversary adjudication was initiated against him, had an individual
					 net worth exceeding $500,000 but whose unincorporated business had a net worth
					 not exceeding $2 million and had 250 or fewer employes will be considered a
					 sole owner of an unincorporated business rather than an individual only for
					 those issues on the merits on which he prevails which primarily relate to his
					 interests as a sole owner of an unincorporated business and which are severable
					 from all issues relating to his interests as an individual.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 2 - OFFICES OF ADMINISTRATION AND THE BUDGET › Subchapter A - SUBMISSION AND CONSIDERATION OF APPLICATIONS FOR AWARDS OF FEES AND EXPENSES › STATEMENTS OF POLICY › Section 2.17 - Fees for expert witnesses

Current through Register Vol. 54, No. 28, July 13, 2024
If a rate of compensation for expert witnesses has not
						been established by an agency, the rate should not exceed Step H of Pay Range
						53 of the Commonwealth's Standard Pay Schedule S-1.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 2 - OFFICES OF ADMINISTRATION AND THE BUDGET › Subchapter A - SUBMISSION AND CONSIDERATION OF APPLICATIONS FOR AWARDS OF FEES AND EXPENSES › STATEMENTS OF POLICY › Section 2.18 - Fees for attorneys

Current through Register Vol. 54, No. 28, July 13, 2024
Justification for attorney fees in excess of $75 per hour
						must be documented by the applicant's attorney and included as part of the
						application.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 2 - OFFICES OF ADMINISTRATION AND THE BUDGET › Subchapter A - SUBMISSION AND CONSIDERATION OF APPLICATIONS FOR AWARDS OF FEES AND EXPENSES › STATEMENTS OF POLICY › Section 2.19 - Method of payment

Current through Register Vol. 54, No. 28, July 13, 2024
Awards shall be paid as they become due. If sufficient
						funds are not available during the close out of a fiscal year to pay all
						awards, remaining awards should be prorated accordingly and the unpaid balance
						paid from appropriations made to the agency in the next fiscal
						year.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 2 - OFFICES OF ADMINISTRATION AND THE BUDGET › Subchapter A - SUBMISSION AND CONSIDERATION OF APPLICATIONS FOR AWARDS OF FEES AND EXPENSES › STATEMENTS OF POLICY › Section 2.20 - Reports

Current through Register Vol. 54, No. 28, July 13, 2024
When an award of fees or other expenses is made, the
						agency shall provide a report to the Secretary of Administration. The reports
						shall include a brief summary of the circumstances underlying the disposition
						of the case and the basis for the award, the amount of the award, and an
						identification of the remedial actions necessary to avoid future adversary
						adjudications being undertaken without substantial
						justification.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 2 - OFFICES OF ADMINISTRATION AND THE BUDGET › Subchapter B - INTEREST PENALTIES FOR LATE PAYMENTS › Section 2.31 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
The act provides for the payment of interest penalties to
					 qualified small business concerns when payments for property or services
					 provided to Commonwealth agencies are not made by required payment dates. This
					 subchapter prescribes eligibility requirements, payment dates, responsibilities
					 of Commonwealth agencies, and method of payment.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 2 - OFFICES OF ADMINISTRATION AND THE BUDGET › Subchapter B - INTEREST PENALTIES FOR LATE PAYMENTS › Section 2.33 - Effective date

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter applies to contracts entered into for the
					 acquisition of property or services on or after June 11,
					 1983.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 2 - OFFICES OF ADMINISTRATION AND THE BUDGET › Subchapter B - INTEREST PENALTIES FOR LATE PAYMENTS › Section 2.35 - Policy governing payments of interest penalties

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each Commonwealth agency which acquires
				  property or services from a qualified small business concern but which does not
				  make payment for each such complete delivered item of property or service by
				  the required payment date will pay an interest penalty to the qualified small
				  business concern as prescribed in this subchapter.
(b) An interest penalty will be paid for the
				  period beginning on the day after the required payment date and ending on the
				  payment date, except that no interest penalty will be paid if the payment date
				  is on or before the 15th day after the required payment date.
(c) Interest will be computed at the rate
				  determined by the Secretary of Revenue as provided in sections 806 and 806.1 of
				  The Fiscal Code (72 P. S. §
											§
											806
				  and 806.1).
(d) Interest will be paid by a separate
				  payment within 30 days of the payment date. The amount of an interest penalty
				  that remains unpaid at the end of each successive 30-day period will become the
				  principal amount upon which subsequent interest penalties shall accrue.
For example:
Day 1-receipt of a proper invoice
Day 30-required payment date
Day 45-end of grace period, no interest due
Day 50-payment date; interest due from Day 31 through Day
					 50
Day 80-final due date for payment of interest
					 penalty
Day 81-additional interest begins on interest payment
					 due.
This section cited in 4 Pa. Code §
												2.37 (relating to responsibilities
						of Commonwealth agencies); and 4 Pa. Code §
												2.38 (relating to
						exclusions).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 2 - OFFICES OF ADMINISTRATION AND THE BUDGET › Subchapter B - INTEREST PENALTIES FOR LATE PAYMENTS › Section 2.36 - Eligibility requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  qualified small business concern, to be eligible under this subchapter, shall
				  include the following on the face of every invoice presented to the
				  Commonwealth:"(
name of vendor
) is a qualified small business
				  concern as defined in 4 Pa. Code § 2.32."
(b) Invoices, and any inquiries related
				  thereto, of a qualified small business concern shall be directed to the payment
				  office or finance center designated on the contract or purchasing document. If
				  no payment office or finance center is designated, a proper invoice shall be
				  submitted to the organization within the Commonwealth agency that accepts
				  delivery of the property or service.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 2 - OFFICES OF ADMINISTRATION AND THE BUDGET › Subchapter B - INTEREST PENALTIES FOR LATE PAYMENTS › Section 2.37 - Responsibilities of Commonwealth agencies

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Commonwealth agencies will specify a
				  payment office or finance center on every contract or purchasing
				  document.
(b) Separate required
				  payment dates will be specified by Commonwealth agencies for contracts under
				  which property or services are to be provided in a series of partial executions
				  or deliveries to the extent that such contracts provide for separate payments
				  of such partial executions or deliveries.
(c) Prior to the date upon which payment
				  without an interest penalty is due, the Commonwealth agency will notify a
				  qualified small business concern of any defect in property or services or
				  impropriety in an invoice that would prevent the running of the time periods
				  specified in §
										2.35 (relating to policy governing
				  payments of interest penalties). The notification will include a statement that
				  all differences must be resolved prior to acceptance by the Commonwealth. Upon
				  written or telephonic notification to the qualified small business concern, the
				  running of the time periods specified in § 2.35 will stop.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 2 - OFFICES OF ADMINISTRATION AND THE BUDGET › Subchapter B - INTEREST PENALTIES FOR LATE PAYMENTS › Section 2.38 - Exclusions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This subchapter
				  does not apply to public contracts subject to the act of November 26, 1978 (
				  P. L.
				  1309, No. 317) (73 P. S. §
											§
											1621-1631), referred to as the Public Works
				  Contract Regulation Law.
(b)
				  Interest penalties will not accrue on invoices remaining unpaid because the
				  Commonwealth is setting off obligations receivable from a qualified small
				  business concern.
(c) Accrual of an
				  interest penalty will cease automatically 6 months from the date of the
				  original invoice unless the qualified small business concern has notified the
				  payment office or finance center in writing that the invoice was not paid by
				  the required payment date.
(d)
				  Interest penalties will not be paid if the total accrued amount is less than
				  $1.00.
(e) This subchapter will not
				  be construed to require interest penalties on a payment which is not made by
				  the required payment date because of a dispute between a Commonwealth agency
				  and a qualified small business concern over the amount of the payment or other
				  allegations concerning compliance with a contract. Claims concerning any such
				  dispute and any interest which may be payable with respect to the period while
				  the dispute is being resolved may be filed with the Board of Claims, following
				  the exhaustion of other appropriate administrative or contractual remedies, if
				  the claim meets the jurisdictional requirements, other than those relating to
				  amounts, of the Board of Claims. Interest penalties awarded by the Board, if
				  any, will be computed as shown in §
										2.35(b) (relating
				  to policy governing payments of interest penalties).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 2 - OFFICES OF ADMINISTRATION AND THE BUDGET › Subchapter B - INTEREST PENALTIES FOR LATE PAYMENTS › Section 2.39 - Method of payment

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Commonwealth agencies will pay any interest penalties required by the act and
				  this subchapter out of funds made available for the administration or operation
				  of the program for which the penalty was incurred or from general
				  administrative funds of the agency.
(b) Nothing in this subchapter will be
				  construed to require payment of interest penalties from Federal funds if such
				  payment is prohibited by Federal statute or regulation.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 2 - OFFICES OF ADMINISTRATION AND THE BUDGET › Subchapter B - INTEREST PENALTIES FOR LATE PAYMENTS › Section 2.40 - Reports required of agencies

Current through Register Vol. 54, No. 28, July 13, 2024
Reports will be as required by the Secretary of the Budget
					 through the Directives Management System.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 2 - OFFICES OF ADMINISTRATION AND THE BUDGET › Subchapter B - INTEREST PENALTIES FOR LATE PAYMENTS › Appendix A

Current through Register Vol. 54, No. 28, July 13, 2024
(1) Administrative
				  Circular No. 92-8, Dated February 27, 1992. Central Management Information
				  Center Computer Service Charges for Fiscal Year 1991-92.
(2) Administrative Circular No. 92-22, Dated
				  June 12, 1992. Workers' Compensation Rates.
(3) Administrative Circular No. 92-25, Dated
				  July 23, 1992. Appropriation, Authorization, and Expenditure of Federal
				  Funds.
(4) Administrative Circular
				  No. 92-31, Dated August 14, 1992. 1993-94 Budget Instructions.
(5) Administrative Circular No. 92-33, Dated
				  August 18, 1992. Revised Revenue Estimates, 1992-93 Fiscal Year.
(6) Administrative Circular No. 92-35, Dated
				  September 3, 1992. Revenue Estimates, 1993-94 Fiscal Year.
1 Pa. Code §
												3.13(b) (relating
						to contents of Bulletin) gives the Legislative Reference Bureau discretion to
						exclude from publication in the Pennsylvania Bulletin classes of documents
						which are voluminous and applicable only to Commonwealth property or contracts
						or agency organization, management or personnel. Section
						3.13(c) requires
						the Bureau to publish and codify a summary table of documents filed under
						§ 3.13(b).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 3 - CIVIL DEFENSE › Subchapter A - EMERGENCY INTERIM SUCCESSION TO STATE OFFICES › Section 3.1 - Objective

Current through Register Vol. 54, No. 28, July 13, 2024
The objective of this subchapter is to provide, in
					 accordance with the Emergency Interim Executive and Judicial Succession Act of
					 1959 (71 P. S. §
											§
											779.1-779.12), that in the event of enemy
					 attack upon the United States there will be immediately available designated
					 persons who may legally and temporarily exercise the powers and duties of
					 unavailable State Officers.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 3 - CIVIL DEFENSE › Subchapter A - EMERGENCY INTERIM SUCCESSION TO STATE OFFICES › Section 3.2 - Definition of "state officers."

Current through Register Vol. 54, No. 28, July 13, 2024
The term "state officers" when used in this subchapter
					 shall mean the heads of the following administrative departments:
(1) Agriculture.
(2) Banking.
(3) Commerce.
(4) Community Affairs.
(5) Education.
(6) Environmental Resources.
(7) General Services.
(8) Health.
(9) Insurance.
(10) Justice.
(11) Labor and Industry.
(12) Military Affairs.
(13) Public Welfare.
(14) Revenue.
(15) State.
(16) State Police.
(17) Transportation.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 3 - CIVIL DEFENSE › Subchapter A - EMERGENCY INTERIM SUCCESSION TO STATE OFFICES › Section 3.3 - Designation by title and order

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  State Officers shall designate emergency interim successors by position title
				  and in order of succession.
(b)
				  Where position titles are identical, they shall be supplemented by the names of
				  the individuals currently occupying the positions.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 3 - CIVIL DEFENSE › Subchapter A - EMERGENCY INTERIM SUCCESSION TO STATE OFFICES › Section 3.4 - Rules for designations

Current through Register Vol. 54, No. 28, July 13, 2024
State Officers shall, in addition to a deputy authorized
					 under law to exercise all of the powers and discharge the duties of the office,
					 designate three emergency interim successors who shall be full-time, salaried
					 employes of their respective departments.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 3 - CIVIL DEFENSE › Subchapter A - EMERGENCY INTERIM SUCCESSION TO STATE OFFICES › Section 3.5 - Recording and revising designations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each State Officer shall record
				  designations of emergency interim successors on Form OA-276, Designation of
				  Emergency Interim Successors to State Officers. The form shall be prepared in
				  quadruplicate and distributed as follows: original to Secretary of the
				  Commonwealth, copy to Attorney General, copy to Director of Civil Defense and a
				  copy for agency file. As needed, the Secretary of the Commonwealth shall
				  provide additional copies to the Auditor General, State Treasurer and
				  Governor's Office.
(b) Designations
				  shall be made and filed between May 15 and June 15 of each even-numbered
				  calendar year, even though no changes occurred during the preceding 24-month
				  period.
(c) Changes that occur
				  between biennial reporting periods are to be made promptly as prescribed in
				  subsection (a).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 3 - CIVIL DEFENSE › Subchapter A - EMERGENCY INTERIM SUCCESSION TO STATE OFFICES › Section 3.6 - Announcing designations

Current through Register Vol. 54, No. 28, July 13, 2024
Each successor is to be informed of the designation and of
					 his order of succession. This information is to be disseminated within agencies
					 and is to be made available to the public upon request.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 3 - CIVIL DEFENSE › Subchapter A - EMERGENCY INTERIM SUCCESSION TO STATE OFFICES › Section 3.7 - Exercise of power by emergency interim successors

Current through Register Vol. 54, No. 28, July 13, 2024
An emergency interim successor shall exercise power and
					 authority only as authorized by section 5 of the Emergency Interim Executive
					 and Judicial Succession Act of 1959 (71 P.S. §
											779.5).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 3 - CIVIL DEFENSE › Subchapter C - RESPONSIBILITIES OF DEPARTMENTS AND AGENCIES DURING EMERGENCIES › Section 3.21 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
The purpose of this subchapter is to assign, in accordance
					 with the provisions of the Pennsylvania Emergency Management Services Act of
					 1978 ( P.L.
					 1332) emergency management responsibilities to
					 Commonwealth departments and agencies for the mitigation of, preparedness for,
					 response to and recovery from natural and man-made emergencies in the
					 Commonwealth.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 3 - CIVIL DEFENSE › Subchapter C - RESPONSIBILITIES OF DEPARTMENTS AND AGENCIES DURING EMERGENCIES › Section 3.22 - Policy

Current through Register Vol. 54, No. 28, July 13, 2024
To avoid duplication of services and in order to most
					 effectively utilize the services and facilities of existing offices,
					 departments, commissions, boards, bureaus and other agencies of the
					 Commonwealth for emergency management activities, the Pennsylvania Emergency
					 Management Agency shall assign emergency management responsibilities to
					 selected Commonwealth departments and agencies.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 3 - CIVIL DEFENSE › Subchapter C - RESPONSIBILITIES OF DEPARTMENTS AND AGENCIES DURING EMERGENCIES › Section 3.23 - Procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Heads of
				  agencies tasked with emergency management responsibilities shall designate one
				  or more emergency representatives and shall insure that assigned
				  responsibilities are fulfilled. Persons designated as emergency representatives
				  shall have authority to act for the agency during emergencies.
(b) Agencies shall develop emergency plans
				  for accomplishment of assigned emergency management responsibilities which
				  shall be in accordance with and in support of the Pennsylvania Emergency
				  Management Plan.
(c) Agency
				  emergency plans shall be filed with the Pennsylvania Emergency Management
				  Agency and shall be maintained current by the originating agency. The
				  Pennsylvania Emergency Management Agency will periodically review agency
				  emergency plans and suggest or require revisions.
(d) The Pennsylvania Emergency Management
				  Agency shall furnish agency emergency representatives with such information,
				  assistance and training as necessary to accomplish assigned emergency
				  management responsibilities. The Pennsylvania Emergency Management Agency shall
				  arrange for liaison between agency emergency representatives and appropriate
				  Federal agencies having emergency management responsibilities.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 3 - CIVIL DEFENSE › Subchapter C - RESPONSIBILITIES OF DEPARTMENTS AND AGENCIES DURING EMERGENCIES › Section 3.24 - General responsibilities

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Commonwealth departments and agencies shall be responsible for emergency
				  management activities for Commonwealth offices and installations as follows:
(1)
General protection.
Develop emergency action plans for fire, flood, evacuation or other possible
				  emergencies to protect personnel, property and essential records.
(2)
Training.
Conduct
				  ongoing programs to familiarize employes with emergency procedures and to train
				  selected agency emergency representatives in emergency
				  responsibilities.
(3)
Major
				  incident reporting.
Establish procedures for immediate reporting of
				  major emergencies and for summary reporting of deaths, injuries, property
				  damage or other disaster related occurrences.
(4)
Disaster analysis.
Develop procedures for the analysis of disaster effects for that segment of the
				  economy or population that is the area of concern of the agency, to include the
				  conduct of economic, social or psychological studies.
(5)
Tests and exercises.
Conduct periodic tests or exercises evaluating the effectiveness of agency
				  emergency plans and procedures and make modifications or improvements based on
				  the evaluations.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 3 - CIVIL DEFENSE › Subchapter C - RESPONSIBILITIES OF DEPARTMENTS AND AGENCIES DURING EMERGENCIES › Section 3.25 - Specific responsibilities

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Department of Aging.
The Department of Aging shall have the
				  following responsibilities:
(1)
Mitigation activities.
Mitigation activities shall include the
				  following:
(i) Assure that information on
				  flood insurance is disseminated to the elderly.
(ii) Assure that Area Agencies on Aging
				  advocate the construction of housing for the elderly and nursing homes outside
				  the floodplain and at locations secure from hazards such as mine subsidence and
				  hazardous industry.
(iii) Assure
				  that relocation assistance is provided to the elderly affected by floodplain
				  management projects.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 5 - COUNCILS AND COMMITTEES › Subchapter A - GOVERNOR'S TRAFFIC SAFETY COUNCIL › Section 5.1 - Composition

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The following
				  agency heads or designated deputies will serve in person as members of the
				  Governor's Traffic Safety Council (GTSC):
(1)
				  The Secretary of Transportation, Chairman.
(2) The Director of the Governor's Policy
				  Office.
(3) The Secretary of
				  Health.
(4) The Commissioner of the
				  Pennsylvania State Police.
(5) The
				  Secretary of Education.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 5 - COUNCILS AND COMMITTEES › Subchapter A - GOVERNOR'S TRAFFIC SAFETY COUNCIL › Section 5.2 - Functions

Current through Register Vol. 54, No. 28, July 13, 2024
The functions of the GTSC are to provide advice, leadership
					 and recommendations to the Governor and citizens on highway safety issues in
					 order to continue to improve safe highway mobility throughout this
					 Commonwealth.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 5 - COUNCILS AND COMMITTEES › Subchapter A - GOVERNOR'S TRAFFIC SAFETY COUNCIL › Section 5.3 - Administration

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The GTSC shall
				  meet at least twice each year. Additional meetings shall be at the discretion
				  of the Chairperson.
(b) The Deputy
				  Secretary for Highway Administration is designated as the Governor's Highway
				  Safety representative to carry out the responsibilities and functions of the
				  Highway Safety Act of 1986 (23 U.S.C.A. §
											§
											105,
				  307 and
				  401-408).
(c) The Director, Bureau of Highway Safety
				  and Traffic Engineering, will serve as Secretary to the GTSC and Coordinator of
				  Highway Safety Programs.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 5 - COUNCILS AND COMMITTEES › Subchapter H - COUNCIL FOR SEXUAL MINORITIES › Section 5.91 - Policy

Current through Register Vol. 54, No. 28, July 13, 2024
The council is established to work towards ending
					 discrimination against persons because of their sexual or affectional
					 orientation. There may be no discrimination by any Commonwealth department,
					 board, commission or other official entity under the Governor's jurisdiction,
					 or any representative thereof, because of sexual or affectional orientation in
					 hiring or employment, housing, credit, contracting, provisions of services or
					 other matters whatsoever. Nothing, however, in this subchapter may be construed
					 to require a review or statistical analyses of the composition of the work
					 force or other class of persons affected hereby.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 5 - COUNCILS AND COMMITTEES › Subchapter H - COUNCIL FOR SEXUAL MINORITIES › Section 5.92 - Composition of Council

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  Pennsylvania Council for Sexual Minorities shall be composed of not more than
				  37 members. The Attorney General, the Secretaries of the Departments of Health,
				  Labor and Industry, Public Welfare and Education, the State Police
				  Commissioner, the Secretary of Administration, the Commissioner of Corrections,
				  the Executive Directors of the Pennsylvania Human Relations Commission and the
				  Governor's Council for Drug and Alcohol Abuse, and the Director of the
				  Commission for Women, or a representative designated by them, shall serve as ex
				  officio members. The remaining members will be appointed by the Governor from
				  the general public.
(b) The
				  Governor shall designate one member as Chairperson of the Council.
(c) Members of the Council shall serve for
				  terms of 1 or 2 years as the Governor shall designate. The Governor shall fill
				  vacancies which may occur.
(d)
				  Members of the Council from the general public shall serve without salary but
				  shall be reimbursed for necessary expenses incurred while attending official
				  Council meetings and performing other official functions as the Chairperson,
				  with the written approval of the Governor's Office, shall prescribe.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 5 - COUNCILS AND COMMITTEES › Subchapter H - COUNCIL FOR SEXUAL MINORITIES › Section 5.93 - Functions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Council
				  shall study problems of sexual minorities and make recommendations to the
				  Governor as to policy, program, and legislative changes needed to further the
				  goal of obtaining equal rights for all persons.
(b) The Council shall work with State
				  agencies to end discrimination against Commonwealth employes, clients, the
				  general public and employes of firms which contract with the Commonwealth
				  solely on the basis of their affectional or sexual preference.
(c) The Council shall work to educate State
				  personnel and the public in general concerning problems and issues affecting
				  sexual minorities. The Council shall outline plans for educating state employes
				  concerning the problems of sexual minorities, review these plans with
				  appropriate agency officials, develop timetables for their implementation,
				  provide qualified speakers for educational seminars it shall organize, and
				  evaluate the results of its programs.
(d) The Council is authorized to receive
				  complaints from persons claiming that they have been the victims of
				  discrimination for their sexual or affectional orientation. Where feasible, the
				  complaints shall be referred to the appropriate agency for resolution. The
				  Council shall compile a record of complaints received and their disposition.
				  Agencies receiving the complaints directly will inform the Council of their
				  nature and disposition.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 5 - COUNCILS AND COMMITTEES › Subchapter H - COUNCIL FOR SEXUAL MINORITIES › Section 5.94 - Procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Council
				  shall adopt rules of procedures consistent with the provisions of this
				  subchapter. The rules shall, where appropriate, provide safeguards for the
				  confidentiality of complaints.
(b)
				  The Council shall convene for meetings or hearings at the call of its
				  Chairperson. A majority of appointed members shall constitute a quorum for the
				  purpose of conducting the business of the Council. A vote of the majority of
				  members present shall be sufficient for all actions of the Council.
(c) The Council shall issue an annual report
				  to the Governor.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 5 - COUNCILS AND COMMITTEES › Subchapter H - COUNCIL FOR SEXUAL MINORITIES › Section 5.95 - Duties of Agencies

Current through Register Vol. 54, No. 28, July 13, 2024
Agencies under the jurisdiction of the Governor are hereby
					 directed to cooperate with the Pennsylvania Council for Sexual Minorities, to
					 supply the Council with information requested in order that goals of this
					 subchapter may be realized, and to work with the Council to educate agency
					 employes on the problems of sexual minorities. In addition, those agencies and
					 departments not otherwise represented on the Council shall send a
					 representative to Council meetings when so requested by the
					 Chairperson.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 5 - COUNCILS AND COMMITTEES › Subchapter J - PHYSICAL FITNESS AND SPORTS › Section 5.111 - Appointment of members

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  Governor Advisory Council on Physical Fitness and Sports (Council) consists of
				  15 individuals, all of whom are appointed by, and serve at the pleasure of, the
				  Governor representing various sectors, including business and labor, amateur
				  and professional sports, education, local and State governments, other State
				  agencies, persons with special needs and the general public. The Secretary of
				  Health, the Physician General and the Secretary of Education serve as
				  ex-officio members. The Secretary of Health and Secretary of Education may
				  designate a representative to serve in the Secretary's place.
(b) The Governor designates one Council
				  member to serve as chairperson. The chairperson serves at the pleasure of the
				  Governor.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 5 - COUNCILS AND COMMITTEES › Subchapter J - PHYSICAL FITNESS AND SPORTS › Section 5.112 - Terms of membership

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Members
				  are appointed for terms of 2 years and continue to serve thereafter until their
				  successors have been appointed. If a vacancy occurs during a member's term, a
				  successor will be appointed by the Governor.
(b) Upon the expiration of a term of an
				  appointed member, the successor is appointed for a term of 2 years.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 5 - COUNCILS AND COMMITTEES › Subchapter J - PHYSICAL FITNESS AND SPORTS › Section 5.113 - Functions

Current through Register Vol. 54, No. 28, July 13, 2024
The Governor's Council on Physical Fitness and
					 Sports:
(1) Enlists active community
				  support by creating partnerships with individual citizens, civic and
				  professional groups, amateur and professional athletes, business and labor
				  groups, educational institutions, health care providers and volunteer
				  organizations in an effort to promote and improve physical fitness activities
				  for the citizens of this Commonwealth.
(2) Seeks to strengthen and coordinate State
				  services and programs relating to physical fitness, recreation and sports by
				  making recommendations to the Department of Health and other State agencies as
				  appropriate.
(3) Encourages local
				  governments to enhance physical fitness activities and facilities.
(4) Assists in promoting school health and
				  physical education programs throughout this Commonwealth.
(5) Encourages development of
				  community-centered sports and physical activity programs throughout this
				  Commonwealth.
(6) Recognizes
				  outstanding contributions and achievements by individuals and groups for their
				  efforts to promote physical activity.
(7) Promotes events throughout this
				  Commonwealth that integrate physical activity with disease prevention and
				  health promotion initiatives.
(8)
				  Encourages physical fitness among special populations, such as older
				  Pennsylvanians, persons with disabilities and employes in the
				  workplace.
(9) Works with other
				  groups concerned with promoting physical activity, such as the President's
				  Council on Physical Fitness and Sports and other State and National
				  organizations.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 5 - COUNCILS AND COMMITTEES › Subchapter J - PHYSICAL FITNESS AND SPORTS › Section 5.114 - Cooperation by agencies

Current through Register Vol. 54, No. 28, July 13, 2024
The Department of Health is the lead agency for the
					 Governor's Council on Physical Fitness and Sports (Council) and provides
					 administrative support. All agencies under the Governor's jurisdiction shall
					 cooperate fully with the Governor's Council and provide assistance and
					 information as needed by the Council to carry out its functions
					 effectively.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 5 - COUNCILS AND COMMITTEES › Subchapter K - SEASONAL FARMWORKERS › Section 5.121 - Establishment and composition

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  Governor's Interdepartmental Council on Seasonal Farmworkers is hereby
				  established.
(b) The Council shall
				  be composed of the Secretary of Community Affairs, who shall serve as Chairman,
				  the Secretaries of Revenue, Environmental Protection, Agriculture, Education,
				  Public Welfare, Health, and Labor and Industry, the Commissioner of the
				  Pennsylvania State Police, the Chairman of the Liquor Control Board, and the
				  Attorney General.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 5 - COUNCILS AND COMMITTEES › Subchapter K - SEASONAL FARMWORKERS › Section 5.122 - Commonwealth Plan

Current through Register Vol. 54, No. 28, July 13, 2024
Members of the Interdepartmental Council shall be
					 responsible for developing and overseeing the implementation of a Commonwealth
					 Plan to protect the legal rights of, improve the conditions of employment and
					 housing of, and deliver health, education, training and social services to
					 seasonal farmworkers. The Plan shall include, but not be limited to, methods
					 for:
(1) Coordinating migrant programs
				  and services of Commonwealth agencies.
(2) Coordinating field surveys, research,
				  studies and investigations relating to conditions and problems of seasonal
				  farmworkers.
(3) Reviewing grants
				  and contracts coming to or emanating from Commonwealth agencies which affect
				  seasonal farmworkers.
(4)
				  Establishing priorities for allocations of Federal and State funds to programs
				  and services for seasonal farmworkers.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 5 - COUNCILS AND COMMITTEES › Subchapter K - SEASONAL FARMWORKERS › Section 5.123 - Council duties

Current through Register Vol. 54, No. 28, July 13, 2024
The Interdepartmental Council shall:
(1) Meet at least six times
				  annually.
(2) Review the
				  administration and operation of service and enforcement programs and make
				  recommendations for improvements.
(3) Oversee implementation of the
				  Commonwealth Plan.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 5 - COUNCILS AND COMMITTEES › Subchapter K - SEASONAL FARMWORKERS › Section 5.124 - Executive Secretary

Current through Register Vol. 54, No. 28, July 13, 2024
The Secretary of Community Affairs shall appoint a member
					 of his staff to serve as Executive Secretary of the Interdepartmental Council.
					 The Executive Secretary shall, on a day-to-day basis, oversee implementation of
					 the Commonwealth Plan and serve as liaison with individuals and agencies
					 outside of State Government concerned with the problems of seasonal
					 farmworkers.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 5 - COUNCILS AND COMMITTEES › Subchapter K - SEASONAL FARMWORKERS › Section 5.125 - Advisory Committee

Current through Register Vol. 54, No. 28, July 13, 2024
There is hereby established an Advisory Committee to the
					 Interdepartmental Council. It shall consist of no fewer than ten nor more than
					 20 members appointed by the Interdepartmental Council from seasonal
					 farmworkers, nonprofit organizations providing services to seasonal
					 farmworkers, and representatives of the agricultural industry. Members of the
					 Advisory Committee shall be selected in such a manner so as to assure that the
					 Advisory Committee represents a balanced cross section of opinions and
					 interests. The Advisory Committee shall meet at the Council's discretion and
					 members of the Advisory Committee shall serve at the pleasure of the Council.
					 Members of the Advisory Committee shall be reimbursed in accordance with
					 procedures established by the Governor's Office for expenses necessarily
					 incurred in the discharge of their official duties.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 5 - COUNCILS AND COMMITTEES › Subchapter M - DEVELOPMENTAL DISABILITIES PLANNING COUNCIL › Section 5.141 - Establishment

Current through Register Vol. 54, No. 28, July 13, 2024
The Developmental Disabilities Assistance and Bill of
					 Rights Act Amendments of 1994, Pub. L No. 103-230, amended substantially the
					 earlier enacted statutes which governed the operation of the Pennsylvania
					 Developmental Disabilities Planning Council. To advance further the development
					 within this Commonwealth of a responsive system of services for individuals
					 with developmental disabilities and to fulfill to the maximum extent
					 practicable the goals of Pub. L. No. 103-230, the
					 Developmental Disabilities Council (referred to as the Council) is
					 established.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 5 - COUNCILS AND COMMITTEES › Subchapter M - DEVELOPMENTAL DISABILITIES PLANNING COUNCIL › Section 5.142 - Council function

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The mandate
				  of the Council is to carry out the duties of a State planning council specified
				  in applicable Federal laws and regulations and this subchapter and to advise
				  the Governor on all matters affecting individuals with developmental
				  disabilities in this Commonwealth. Federal policy articulated in
				  Pub. L. No.
				  103-230 states that individuals with developmental
				  disabilities and their families have competencies, capabilities and personal
				  goals that should be recognized, supported and encouraged, and any assistance
				  to these individuals should be provided in an individualized manner, consistent
				  with the unique strengths, resources, priorities, concerns, abilities and
				  capabilities of these individuals.
(b) The Council shall promote, through
				  systemic change, capacity building and advocacy activities consistent with the
				  policy of Pub. L. No.
				  103-230 stated in subsection (a), the development
				  of a consumer and family-centered, comprehensive system, and a coordinated
				  array of culturally competent services, supports and other assistance designed
				  to achieve independence, productivity and integration and inclusion into the
				  community for individuals with developmental disabilities.
(c) Duties and obligations of the designated
				  State agency and the Council will be governed by applicable Federal and
				  Commonwealth laws, regulations and procedures.