reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart C - Limousines › Chapter 1059 - APPLICATIONS AND SALE OF RIGHTS › Section 1059.3 - Authority approval of sale of rights

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Sale of transferable
				  rights.
The sale of transferable rights without advance approval of
				  the Authority is void by operation of law.
(b)
Sale of securities in
				  transferable rights.
The sale of securities in an entity that owns
				  transferable rights will be considered a sale under this chapter in either of
				  the following circumstances:
(1) The
				  securities to be transferred equal or exceed 5% of the issued securities in the
				  entity that holds an ownership interest in a transferrable right.
(2) Upon completion of the transfer the buyer
				  will own 5% or more of the issued securities in the entity that holds an
				  ownership interest in a transferrable right.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart C - Limousines › Chapter 1059 - APPLICATIONS AND SALE OF RIGHTS › Section 1059.4 - Agreement of sale

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The parties to
				  a proposed sale of transferable rights shall complete an agreement of sale
				  detailing the terms of the transaction, including provisions required by this
				  chapter, and file the agreement with the Director.
(b) An agreement of sale for transferable
				  rights is void by operation of law if not executed by all parties in the
				  presence of the Director or a designee.
(c) The term of an agreement of sale for
				  transferable rights may not exceed 15 business days from the date of execution,
				  except when executed on the date the application for sale of transferable
				  rights is filed as provided in §
										1059.5 (relating to application
				  for sale of transferable rights).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart C - Limousines › Chapter 1059 - APPLICATIONS AND SALE OF RIGHTS › Section 1059.5 - Application for sale of transferable rights

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Application documents.
(1) To initiate a sale, the owner and
				  proposed buyer shall file an original and one copy of Form No. SA-1 "Sale
				  Application," the agreement of sale or transfer and other documents required by
				  this chapter. The proposed buyer will be considered the applicant. The SA-1 is
				  available at
www.philapark.org/tld
.
(2) The SA-1 shall be filed in person with
				  the Director.
(3) The Director will
				  refuse to accept an application which is incomplete for any reason.
(4) Upon acceptance, the Director will submit
				  a copy of the application documents to the Clerk and an application docket
				  number will be assigned.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart C - Limousines › Chapter 1059 - APPLICATIONS AND SALE OF RIGHTS › Section 1059.7 - Additional application requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Agreement of sale.
The
				  agreement of sale required under this chapter must include the information
				  required by the Authority, including the following:
(1) All parties to the transaction.
(2) A description of the
				  transaction.
(3) The identification
				  number of each right subject to sale.
(4) The total consideration for the sale and
				  for each right transferred if the sale involves multiple rights in United
				  States dollars, and any payment terms required by the Authority, including the
				  following:
(i) The assumption of any loan or
				  debt.
(ii) Contingencies and
				  nonmonetary consideration.
(iii)
				  Monetary consideration.
(5) An acknowledgement initialed by all
				  parties that the agreement is subject to the laws and jurisdiction of the
				  Commonwealth, the act, this part and orders of the Authority.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart C - Limousines › Chapter 1059 - APPLICATIONS AND SALE OF RIGHTS › Section 1059.8 - Financial fitness generally

Current through Register Vol. 54, No. 28, July 13, 2024
The Authority will review the financial fitness of the
					 proposed buyer, including a review of the following:
(1) Bank statements of the proposed buyer
				  evidencing ownership of a bank account holding not less than the greater of
				  $5,000 or 2% of the sale price of the transferable rights in unencumbered and
				  available funds. The funds under review must have been in the bank account for
				  at least 3 months.
(2) If the sale
				  does not include financing by a lender authorized to make commercial loans in
				  this Commonwealth, the proposed buyer shall submit documentation for the
				  Authority's review to insure the following requirements are met:
(i) The credit report of each persons
				  identified in §
											1059.6(b)(8)
				  (relating to required application information) evidencing a credit score of at
				  least 600 for each person.
(ii) The
				  absence of any outstanding and unappealed civil judgments against each of the
				  parties required to submit a criminal history report under §
				  1059.6(b)(8).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart C - Limousines › Chapter 1059 - APPLICATIONS AND SALE OF RIGHTS › Section 1059.9 - Regulatory compliance review

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  An SA-1 will be denied if the proposed buyer has a record of regulatory
				  violations with the Authority or the PUC which evidences a disregard for the
				  public interest.
(b) A proposed
				  buyer that has been subject to the suspension, revocation or cancellation of
				  common carrier rights by the Authority or the PUC during the 1-year period
				  immediately preceding the date the SA-1 was filed with the Authority will be
				  ineligible to purchase rights.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart C - Limousines › Chapter 1059 - APPLICATIONS AND SALE OF RIGHTS › Section 1059.10 - Authority review

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Notice of
				  the granting of an application for a limousine certificate or approval of a
				  sale will be published in the
Pennsylvania Bulletin.
(b) The SA-1 will be reviewed as provided in
				  §
										1003.51 (relating to applications
				  generally).
(c) The SA-1 will be
				  denied if the proposed buyer or any person with a controlling interest in the
				  proposed buyer or a key employee of the proposed buyer is in violation of any
				  provision of this part or if the Authority determines that the sale is not in
				  the public interest. The SA-1 may be denied if the owner is in violation of any
				  provision of this part.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart C - Limousines › Chapter 1059 - APPLICATIONS AND SALE OF RIGHTS › Section 1059.11 - Approval process and closing on sale

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If the Director determines that an
				  applicant for a limousine certificate or a proposed buyer of rights is
				  qualified as provided in the act, this part or an order of the Authority, a
				  recommendation to approve the application or sale will be presented to the
				  Authority for approval at its next regularly scheduled meeting. The Authority
				  may require that proposals from the Director as provided in this section first
				  be presented to a committee of the Board at a public meeting.
(b) Upon approval of the sale by the
				  Authority, the Director will schedule the parties to meet at a time and
				  location where an Authority staff member will witness the closing of the
				  transaction except for an applicant that is obtaining a new limousine
				  certificate under §
										1059.2 (relating to applications
				  for limousine rights).
(c) An
				  Authority staff member will witness the execution of each document by the owner
				  and proposed buyer, or their designated agents. Any closing not witnessed by
				  Authority staff is void.
The provisions of this §
												1059.11 temporarily amended under
						53 Pa.C.S. §
													57B
						02.
This section cited in 52 Pa. Code §
												1059.13 (relating to commencement
						of service).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart C - Limousines › Chapter 1059 - APPLICATIONS AND SALE OF RIGHTS › Section 1059.12 - Settlement sheet

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The owner
				  and proposed buyer shall use the Form SA-2 "Standard Settlement Sheet" at any
				  closing on the sale of rights. The SA-2 is available on the Authority's web
				  site at
www.philapark.org/tld
.
(b) The SA-2 must include the information
				  required by the Authority, including the following:
(1) The names and addresses of the owner and
				  proposed buyer.
(2) The names and
				  address of the brokers or attorneys used in the transaction.
(3) The name and address of the lender and a
				  designated contact person employed by the lender, if any.
(4) A copy of all certificates or other
				  documents authorizing the lender to make commercial loans in this
				  Commonwealth.
(5) The amount, term
				  and interest rate of any loan used to purchase the rights.
(6) The certificate numbers.
(7) The total consideration for the rights to
				  be sold and any payment terms, including loan contingencies and nonmonetary
				  consideration.
(8) An allocation of
				  funds expended in the transaction.
(9) Fees and costs associated with the sale,
				  including those payable to any broker or attorney, or both.
(10) Signatures of the owner and proposed
				  buyer, or their designated agents, and the brokers.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart C - Limousines › Chapter 1059 - APPLICATIONS AND SALE OF RIGHTS › Section 1059.13 - Commencement of service

Current through Register Vol. 54, No. 28, July 13, 2024
A regulated party shall, within 30 days from the date of
					 receipt of a certificate or from the date of settlement under §
										1059.11(b) 
					 (relating to approval process and closing on sale), whichever is applicable,
					 begin operating and furnishing service. If it has not commenced operating and
					 furnishing the authorized service within 30 days, appropriate proceedings shall
					 be initiated to terminate the certificate unless, upon specific permission as
					 provided in §
										1051.13 (relating to voluntary
					 suspension of certificate), the time for commencement of service is
					 extended.
The provisions of this §
												1059.13 temporarily amended under
						53 Pa.C.S. §
													57B
						02.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart C - Limousines › Chapter 1061 - BROKERS › Section 1061.1 - Broker registration

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
				  individual seeking registration as a broker shall apply to the Director as
				  provided in Chapter 1029 (relating to brokers).
(b) Any party may use an attorney admitted to
				  practice law before the Supreme Court of Pennsylvania, in lieu of a
				  broker.
This section cited in 52 Pa. Code §
												1051.2 (relating to definitions);
						and 52 Pa. Code §
												1059.6 (relating to required
						application information).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart C - Limousines › Chapter 1063 - TARIFFS › Section 1063.1 - Definition

Current through Register Vol. 54, No. 28, July 13, 2024
The following word, when used in this chapter, has the
					 following meaning, unless the context clearly indicates otherwise:
Tariff
-Schedules of rates, rules,
					 regulations, practices or contracts involving any rate and schedules showing
					 the method of distribution of the facilities of the
					 certificate.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart C - Limousines › Chapter 1063 - TARIFFS › Section 1063.2 - Limousine rates and tariffs

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Certificate holders shall comply with section 5703 of the act (relating to
				  rates) and this chapter as to rates and tariffs.
(b) Except when inconsistent with the act,
				  this part or an order of the Authority, limousine certificate holders shall
				  charge rates and maintain and file tariffs with the Director in a manner
				  consistent with relevant portions of Chapter 23 (relating to tariffs for common
				  carriers).
(c) Nonflexible rate
				  tariffs for limousines must be based on time, mileage or a combination of both.
				  Nonflexible rates shall be filed with the Director and may be effective no
				  earlier than 72 hours' notice to the Director. Supporting financial
				  justification for tariff changes utilizing nonflexible rates is not required.
				  The use of meters is prohibited.
(d) Upon the Director's approval and
				  conditions as may be appropriate, limousine certificate holders may adopt a
				  tariff utilizing a flexible pricing model that allows rates to change in real
				  time in response to the supply of available limousines and the demand for
				  service. Tariffs utilizing flexible rates shall be filed with the Director and
				  may be effective no earlier than 60 days' notice to the Director. Supporting
				  financial justification for tariff changes utilizing flexible rates is not
				  required. The use of meters is prohibited. Tariffs utilizing flexible rates
				  must include a notification procedure that discloses the estimated fare to
				  customers prior to the beginning of the trip. Tariffs must comply with the
				  Price Gouging Act (73 P.S. §
											§
											232.1-232.5).
(e) A limousine certificate holder may offer
				  below-tariff pricing such as promotions, coupons, loyalty programs and
				  corporate client discounts upon 24 hours advanced written notice to the
				  Authority.
The provisions of this §
												1063.2 temporarily amended under
						53 Pa.C.S. §
													57B
						02.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart C - Limousines › Chapter 1065 - INSURANCE REQUIRED › Section 1065.1 - Limousine insurance

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Insurance requirements generally.
Except as provided in
				  subsection (b), a limousine certificate holder shall comply with the relevant
				  portions of Chapter 1025 (relating to insurance required), including the filing
				  of Form E and Form K documents.
(b)
Limousine insurance required.
(1) A regulated party may not engage in
				  limousine service and the certificate of public convenience will not be issued,
				  or remain in force, except as provided in §
											1025.4 (relating to applications
				  to self-insure) until there has been filed with and approved by the Authority a
				  certificate of insurance by an insurer authorized to do business in this
				  Commonwealth, to provide for the payment of valid accident claims against the
				  insured for bodily injury to or the death of a person, or the loss of or damage
				  to property of others resulting from the operation, maintenance or use of a
				  limousine in the insured authorized service.
(2) The liability insurance maintained by a
				  limousine certificate holder shall be in an amount at least $1,500,000 to cover
				  liability for bodily injury, death or property damage incurred in an accident
				  arising from authorized service. Except as to the required amount of coverage,
				  these benefits must conform to 75 Pa.C.S. Chapter 17 (relating to Motor Vehicle
				  Financial Responsibility Law). First party coverage of the limousine driver of
				  limousines must meet the requirements in
				  75 Pa.C.S. §
												1711
				  (relating to required benefits).
(3) The certificate holder's loss history
				  with a current or former insurer shall be released to the Authority within 2
				  business days of a request by the Authority. The certificate holder shall
				  authorize any release required by the insurer to facilitate the timely delivery
				  of the loss history to the Authority.
(4) The Authority may direct insurers to file
				  proof of insurance both electronically and in hard copy.
(5) The limits in paragraph (2) do not
				  include the insurance of cargo.
(6)
				  The requirements in §
											1025.3 (relating to insurance
				  required) do not apply to limousines.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart A - General Provisions › Chapter 1 - STATEMENTS OF POLICY › Section 1.1 - Clarification of nursing qualifications-statement of policy

Current through Register Vol. 54, No. 28, July 13, 2024
For the purposes of applying statutory and regulatory
					 nursing standards and qualifications in this Commonwealth, the following
					 applies under this title:
(1) For a
				  licensed practical nurse, the term includes an individual licensed under the
				  laws of this Commonwealth to practice practical nursing or an individual who
				  holds a privilege to practice as a practical nurse under the Nurse Licensure
				  Compact Act (35 P.S. §§
											10291-10295).
(2) For a registered nurse, the term includes
				  an individual licensed under the laws of this Commonwealth to practice
				  professional nursing or an individual who holds a privilege to practice as a
				  registered nurse under the Nurse Licensure Compact Act.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart A - General Provisions › Chapter 9 - REGULATORY DOCUMENT INFORMATION SYSTEM › GENERAL › Section 9.1 - General provisions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 Department of Human Services maintains a public information system which
					 consists of documents issued as regulations, statements of policy and
					 notices.
(b) Regulations and
					 statements of policies are published in the
Pennsylvania
					 Bulletin
and codified in this title under sections 102, 201-208 and
					 602 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S.
					 §§
												1102,
					 1201-1208 and
					 1602);
					 45 Pa.C.S. §§
												501-907 (relating to publication and
					 effectiveness of Commonwealth documents); and sections 3 and 4 of the act of
					 July 9, 1976 (P. L. 877, No. 160) (45 Pa. Sp. Pamph. 84 p. 35), known as the
					 Commonwealth Documents Law, and 1 Pa. Code Part I (relating to Joint Committee
					 on Documents).
(c) Notices are
					 published in the
Pennsylvania Bulletin.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart A - General Provisions › Chapter 9 - REGULATORY DOCUMENT INFORMATION SYSTEM › COMPONENTS OF PUBLIC INFORMATION SYSTEM › Section 9.11 - Regulations

Current through Register Vol. 54, No. 28, July 13, 2024
The Department promulgates regulations under its
						statutory authority. Eligibility and participation requirements for
						beneficiaries and providers are prescribed in regulations found in this title.
						This title also applies to programs and services administered, licensed,
						supervised or funded by the Department. The regulations implement and interpret
						law and prescribe policy as well as practice and procedure before the
						Department.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart A - General Provisions › Chapter 9 - REGULATORY DOCUMENT INFORMATION SYSTEM › COMPONENTS OF PUBLIC INFORMATION SYSTEM › Section 9.12 - Statements of policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 Department issues certain statements of policy as Secretary's Directives under
					 a standard masthead. This document series is issued by the Secretary or a
					 designee and used to communicate Departmental policy which will guide future
					 rulemakings, adjudications or otherwise guide the agency in the exercise of
					 administrative discretion. The term includes, but is not limited to:
(1) Plans for agency operation and
					 administration which establish important policies to be utilized in the future
					 exercise of administrative discretion.
(2) General policies and plans for the award
					 and administration of discretionary grants for public monies.
(3) Announcements of principles and standards
					 to be applied in future adjudications.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart A - General Provisions › Chapter 9 - REGULATORY DOCUMENT INFORMATION SYSTEM › COMPONENTS OF PUBLIC INFORMATION SYSTEM › Section 9.13 - Notices

Current through Register Vol. 54, No. 28, July 13, 2024
The Department issues notices under statutory and
						regulatory authority.
This section cited in 55 Pa. Code §
													1181.505 (relating to
						  discussion).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart A - General Provisions › Chapter 9 - REGULATORY DOCUMENT INFORMATION SYSTEM › ADMINISTRATION OF PUBLIC INFORMATION SYSTEM › Section 9.21 - Directive and bulletin format

Current through Register Vol. 54, No. 28, July 13, 2024
A standard format consisting of subject, scope and
						purpose of the bulletin is displayed on each bulletin. A section at the bottom
						of each bulletin identifies a contact where questions and comments may be
						directed.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart A - General Provisions › Chapter 9 - REGULATORY DOCUMENT INFORMATION SYSTEM › ADMINISTRATION OF PUBLIC INFORMATION SYSTEM › Section 9.22 - Annual review of bulletins and Secretary's Directives

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each program deputy shall conduct an
					 annual review of bulletins previously issued to determine which bulletins to
					 rescind or retain. A listing of bulletins which remain in effect will be
					 published annually in the
Pennsylvania Bulletin.
(b) The Secretary will conduct an annual
					 review of Secretary's Directives previously issued to determine which
					 Secretary's Directives to rescind or retain.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 11 - FISCAL ADVOCACY › Subchapter A - GENERAL PROVISIONS › LEGAL BASE › Section 11.1 - Legal base of regulations

Current through Register Vol. 54, No. 28, July 13, 2024
The legal base of this chapter is section 201 and
						  following of the Mental Health and Mental Retardation Act of 1966
						  (50
						  P. S. §
													4201) and an Order of Court in
						  the case of
Vecchione v. Wohlgemuth
, C.A. No. 73-162 (E.D.
						  Pa.), entered June 30, 1978.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 11 - FISCAL ADVOCACY › Subchapter A - GENERAL PROVISIONS › GENERAL › Section 11.11 - Guardian Office

Current through Register Vol. 54, No. 28, July 13, 2024
Each mental health hospital and state center shall have
						  an autonomous office known as the Guardian Office with the authority to
						  implement and administer a system of patient money management. The Guardian
						  Officer shall serve as a court-appointed guardian and representative payee for
						  incompetent patients and residents and shall, with their consent, assist
						  competent clients in managing their funds.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 11 - FISCAL ADVOCACY › Subchapter A - GENERAL PROVISIONS › GENERAL › Section 11.12 - Guardian Office responsibilities

Current through Register Vol. 54, No. 28, July 13, 2024
It is the Guardian Office's responsibility to insure
						  that the financial affairs of clients for whom the officer has been appointed
						  guardian or is serving as representative payee are managed in the client's best
						  interests.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 11 - FISCAL ADVOCACY › Subchapter A - GENERAL PROVISIONS › GENERAL › Section 11.13 - Fiscal management

Current through Register Vol. 54, No. 28, July 13, 2024
Fiscal management on behalf of clients shall view the
						  total of the client's financial needs and obligations, both immediate and
						  long-range, including the need for assets and income with regard to and after
						  discharge from the facility. The Guardian Office at all times has the
						  obligation to preserve the clients' funds by attempting to reduce or eliminate
						  the amount of the clients' liability. The Guardian Officer is, however,
						  authorized and required to pay debts and obligations determined in accordance
						  with the law.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 11 - FISCAL ADVOCACY › Subchapter A - GENERAL PROVISIONS › GENERAL › Section 11.14 - Conflicting interests

Current through Register Vol. 54, No. 28, July 13, 2024
The interests or concerns of other entities is not
						  permitted to influence the discharge of these duties.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 11 - FISCAL ADVOCACY › Subchapter A - GENERAL PROVISIONS › GENERAL › Section 11.15 - Duties

Current through Register Vol. 54, No. 28, July 13, 2024
It is the Guardian Office's responsibility to act as
						  fiscal advocate on behalf of the client and to act to protect the legal rights
						  of the client in fiscal matters. When reasonable grounds exist, the Guardian
						  Office shall request abatement, modification or discharge of the client's
						  assessed liability on the grounds specified in this chapter.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 11 - FISCAL ADVOCACY › Subchapter A - GENERAL PROVISIONS › GENERAL › Section 11.16 - Prohibited activities

Current through Register Vol. 54, No. 28, July 13, 2024
The Guardian Officer may neither seek nor accept
						  appointment as guardian of the person and may not make treatment decisions or
						  be involved with them other than to determine whether the expenditure of funds
						  in accordance with the treatment plan is in the patient's best
						  interest.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 11 - FISCAL ADVOCACY › Subchapter A - GENERAL PROVISIONS › STAFFING AND GENERAL RESPONSIBILITY › Section 11.31 - Staffing

Current through Register Vol. 54, No. 28, July 13, 2024
Each institution shall be staffed with a Guardian
						  Officer and such other personnel as may be required to assist the Guardian
						  Officer in carrying out the responsibilities outlined in this chapter. The
						  staff of the office are employes of the Department of Human Services, subject
						  to this chapter, and are administratively placed under the Director of the
						  Bureau of Guardianship Programs who reports to the Deputy Secretary for Social
						  Programs.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 11 - FISCAL ADVOCACY › Subchapter A - GENERAL PROVISIONS › STAFFING AND GENERAL RESPONSIBILITY › Section 11.32 - Director

Current through Register Vol. 54, No. 28, July 13, 2024
There shall be created under the Deputy Secretary for
						  Social Programs an autonomous Bureau of Guardianship Programs. The Bureau will
						  be staffed by a Director and other appropriate staff as necessary and will have
						  access to various support staff within the Department. The Director will
						  provide both policy and operational supervision over the operations of the
						  various Guardian Officers.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 11 - FISCAL ADVOCACY › Subchapter A - GENERAL PROVISIONS › STAFFING AND GENERAL RESPONSIBILITY › Section 11.33 - Personnel decisions

Current through Register Vol. 54, No. 28, July 13, 2024
Personnel decisions regarding the Bureau of
						  Guardianship Programs will be made by the Director, subject to review by his
						  supervisor. A personnel action is subject to applicable provisions of the
						  existing collective bargaining agreement.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 11 - FISCAL ADVOCACY › Subchapter A - GENERAL PROVISIONS › STAFFING AND GENERAL RESPONSIBILITY › Section 11.34 - Suspension or dismissal

Current through Register Vol. 54, No. 28, July 13, 2024
No director, officer or staff may be suspended or
						  dismissed solely for exercising authority granted under this
						  chapter.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 11 - FISCAL ADVOCACY › Subchapter A - GENERAL PROVISIONS › STAFFING AND GENERAL RESPONSIBILITY › Section 11.35 - General responsibilities

Current through Register Vol. 54, No. 28, July 13, 2024
The Guardian Officer and employes responsible for
						  maintaining client funds shall be familiar with their responsibilities and
						  duties as a guardian/representative payee, with provisions relating to
						  abatement, modification and discharge of liability as well as all procedures,
						  regulations and information relating to the handling and maintenance of client
						  funds. The Director shall provide uniform interpretation of procedures and
						  policies concerning the operation of the Bureau as needed.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 11 - FISCAL ADVOCACY › Subchapter A - GENERAL PROVISIONS › STAFFING AND GENERAL RESPONSIBILITY › Section 11.36 - Guardian Officer duties

Current through Register Vol. 54, No. 28, July 13, 2024
The Guardian Officer is solely responsible for any
						  misuse or mismanagement of funds for which he is responsible. The Guardian
						  Officer shall insure, establish and verify that funds are discharged in
						  accordance with this chapter, and in the best interests of the
						  client.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 11 - FISCAL ADVOCACY › Subchapter A - GENERAL PROVISIONS › STAFFING AND GENERAL RESPONSIBILITY › Section 11.37 - Guardian Officer bond

Current through Register Vol. 54, No. 28, July 13, 2024
Each Guardian Officer shall have on file with the
						  Secretary of the Commonwealth a bond at least equal to the total amount of
						  client money and personal property for which he serves as guardian or
						  payee.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 11 - FISCAL ADVOCACY › Subchapter A - GENERAL PROVISIONS › STAFFING AND GENERAL RESPONSIBILITY › Section 11.38 - Office hours

Current through Register Vol. 54, No. 28, July 13, 2024
The Guardian Offices shall be open to clients during
						  regular working hours on a basis sufficient to accommodate clients' needs.
						  Provisions shall be made to accommodate emergency situations.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 11 - FISCAL ADVOCACY › Subchapter A - GENERAL PROVISIONS › STAFFING AND GENERAL RESPONSIBILITY › Section 11.39 - Cooperation of institutional staff

Current through Register Vol. 54, No. 28, July 13, 2024
The institutional staff shall provide full cooperation
						  and assistance to the Guardian Officer in all matters related to the discharge
						  of the responsibilities outlined in these regulations.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 11 - FISCAL ADVOCACY › Subchapter A - GENERAL PROVISIONS › STAFFING AND GENERAL RESPONSIBILITY › Section 11.40 - Advocacy

Current through Register Vol. 54, No. 28, July 13, 2024
The Guardian Officer has and shall exercise advocacy
						  responsibility in the conduct of any activity undertaken on behalf of the
						  client which involves the expenditure of client funds.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 11 - FISCAL ADVOCACY › Subchapter B - APPOINTMENT OF GUARDIAN OR PAYEE › APPLICATION FOR BENEFITS › Section 11.51 - Patient assistance

Current through Register Vol. 54, No. 28, July 13, 2024
Unless the person knowingly objects, the Guardian
						  Officer shall assist patient/residents in applying for any benefits to which
						  they may be entitled, and may make protective applications for benefits when
						  necessary.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 11 - FISCAL ADVOCACY › Subchapter B - APPOINTMENT OF GUARDIAN OR PAYEE › APPLICATION FOR BENEFITS › Section 11.52 - Transmission of information

Current through Register Vol. 54, No. 28, July 13, 2024
The Guardian Officer shall, if requested by the
						  benefit-issuing agency, arrange for appropriate staff at the institution to
						  provide information to the agency regarding the patient's/resident's ability to
						  manage funds to which he or she may be entitled. The information to be
						  submitted shall be specified by the agency, but shall not be formulated within
						  the first 30 days of institutionalization. The Guardian Officer shall submit
						  this information to the agency.
This section cited in 55 Pa. Code §
														11.53 (relating to preliminary
							 determination of competency).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 11 - FISCAL ADVOCACY › Subchapter B - APPOINTMENT OF GUARDIAN OR PAYEE › APPLICATION FOR BENEFITS › Section 11.53 - Preliminary determination of competency

Current through Register Vol. 54, No. 28, July 13, 2024
If patient/resident is receiving benefits from a
						  benefit-issuing agency or entity upon admission to the institution, a
						  preliminary determination of competency shall be formulated not sooner than 30
						  days after admission. If the person is preliminarily determined to be
						  incompetent, the Guardian Officer may indicate to the agency or entity the
						  possibility that a payee may be appropriate, and shall indicate his
						  availability to serve as payee. If requested by the agency or entity, the
						  Guardian Officer shall proceed as in §
												11.52 (relating to transmission of
						  information).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 11 - FISCAL ADVOCACY › Subchapter B - APPOINTMENT OF GUARDIAN OR PAYEE › ACCEPTANCE OF PAYEE APPOINTMENT › Section 11.61 - Deprivation of property

Current through Register Vol. 54, No. 28, July 13, 2024
The Director, Revenue Agent, and other officials and
						  employes of such State mental hospital, State center or any annex of such
						  facilities, may not deprive any patient/resident of custody of his personal
						  property or interfere with such custody, unless and until such person is
						  determined to be incompetent under the Probates, Estates and Fiduciary Code of
						  1972 and these facilities or persons are so authorized by the appropriate
						  court.
This section cited in 55 Pa. Code §
														11.62 (relating to SSI benefits);
							 55 Pa. Code §
														11.63 (relating to appointment as
							 payee); and 55 Pa. Code §
														11.65 (relating to denial of
							 guardianship petition).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 11 - FISCAL ADVOCACY › Subchapter B - APPOINTMENT OF GUARDIAN OR PAYEE › ACCEPTANCE OF PAYEE APPOINTMENT › Section 11.62 - SSI benefits

Current through Register Vol. 54, No. 28, July 13, 2024
Nothing in §
												11.61 (relating to deprivation of
						  property) shall be applicable to recipients of Supplemental Security Income
						  (SSI) whose benefits shall be handled by the Guardian Officer appointed as
						  representative payee under Federal law. SSI benefits shall not be considered
						  available assets or income for the purpose of assessing liability for care and
						  maintenance, and shall not be expended for care and maintenance.
This section cited in 55 Pa. Code §
														11.64 (relating to certification
							 from agency).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 11 - FISCAL ADVOCACY › Subchapter B - APPOINTMENT OF GUARDIAN OR PAYEE › ACCEPTANCE OF PAYEE APPOINTMENT › Section 11.63 - Appointment as payee

Current through Register Vol. 54, No. 28, July 13, 2024
Notwithstanding the provisions of §
												11.61 (relating to deprivation of
						  property), the Guardian Officer shall be authorized to accept from a
						  benefit-issuing agency, appointment as representative payee for a period not to
						  exceed 6 months, provided the petition required by §
												11.61 is promptly filed. No
						  disbursements shall be made for care and maintenance pending full compliance
						  with § 11.61.
This section cited in 55 Pa. Code §
														11.64 (relating to certification
							 from agency); and 55 Pa. Code §
														11.65 (relating to denial of
							 guardianship petition).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 11 - FISCAL ADVOCACY › Subchapter B - APPOINTMENT OF GUARDIAN OR PAYEE › ACCEPTANCE OF PAYEE APPOINTMENT › Section 11.64 - Certification from agency

Current through Register Vol. 54, No. 28, July 13, 2024
The Guardian Officer shall accept payee appointments as
						  described in §§
												11.62 and
						  11.63 (relating to SSI benefits;
						  and appointment as payee) upon certification from the benefit-issuing agency
						  that acceptable noninstitutional payees, such as family, friends, and
						  interested associations (such as, Pennsylvania Association for Retarded
						  Citizens and mental health associations) are not available, and that payment
						  will not be made to the beneficiary directly.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 11 - FISCAL ADVOCACY › Subchapter B - APPOINTMENT OF GUARDIAN OR PAYEE › ACCEPTANCE OF PAYEE APPOINTMENT › Section 11.65 - Denial of guardianship petition

Current through Register Vol. 54, No. 28, July 13, 2024
If a guardianship petition filed under §
												11.61 (relating to deprivation of
						  property) is denied by the Court of Common Pleas or not acted upon within 6
						  months as required by §
												11.63 (relating to appointment of
						  payee), the Guardian Officer shall promptly contact the benefit-issuing agency
						  or entity concerning the disposition of conserved funds. The Guardian Officer
						  shall also notify the agency or entity that subsequent benefit checks cannot be
						  accepted and will be returned if received. If no direction to the contrary is
						  received from the agency or entity within 30 days after the date of the
						  decision denying the petitions or the expiration of the 6-month period,
						  conserved funds shall be returned to the client.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 11 - FISCAL ADVOCACY › Subchapter B - APPOINTMENT OF GUARDIAN OR PAYEE › ACCEPTANCE OF PAYEE APPOINTMENT › Section 11.66 - Noninstitutional appointments

Current through Register Vol. 54, No. 28, July 13, 2024
Nothing in this subchapter is intended to prohibit a
						  person not connected with the institution from applying to a court for
						  appointment as a guardian, or from seeking to terminate the Guardian Officer's
						  appointment as guardian.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 11 - FISCAL ADVOCACY › Subchapter B - APPOINTMENT OF GUARDIAN OR PAYEE › ACCEPTANCE OF PAYEE APPOINTMENT › Section 11.67 - Information regarding hearings

Current through Register Vol. 54, No. 28, July 13, 2024
Upon a reasonable request for information on the
						  scheduling of guardianship hearings, the time, date, and location of scheduled
						  hearings, but not the name of the patient/resident involved, will be provided
						  by the responsible attorneys in the Department of Human Service's Office of
						  Legal Counsel and the Justice Department's Philadelphia and Pittsburgh
						  Offices.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 11 - FISCAL ADVOCACY › Subchapter B - APPOINTMENT OF GUARDIAN OR PAYEE › POWERS AND DUTIES AS A COURT-APPOINTED GUARDIAN › Section 11.81 - Powers of Guardian Officer

Current through Register Vol. 54, No. 28, July 13, 2024
As a court-appointed guardian, the Guardian Officer
						  shall act fully in accordance with the Probate, Estates and Fiduciary Code,
						  exercising full powers as a guardian specified therein, and shall also comply
						  with the orders of the Orphans Court having jurisdiction over the
						  patient/resident.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 11 - FISCAL ADVOCACY › Subchapter B - APPOINTMENT OF GUARDIAN OR PAYEE › POWERS AND DUTIES AS A COURT-APPOINTED GUARDIAN › Section 11.82 - Expenditure of funds

Current through Register Vol. 54, No. 28, July 13, 2024
The Guardian Officer shall have the sole authority to
						  expend a patient's/resident's funds in his best interest in accordance with
						  State and Federal law. The Guardian Officer shall consult with the client to
						  the extent feasible and may also consult with appropriate staff and others to
						  ascertain the patient's/resident's needs. The Guardian Officer shall encourage
						  these persons to bring to his attention appropriate purchases to be made for
						  the patient/resident.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 11 - FISCAL ADVOCACY › Subchapter B - APPOINTMENT OF GUARDIAN OR PAYEE › POWERS AND DUTIES AS A COURT-APPOINTED GUARDIAN › Section 11.83 - Outside counsel

Current through Register Vol. 54, No. 28, July 13, 2024
The Guardian Officer may seek and retain outside
						  counsel to represent the interests of the patient/resident on any matters. Free
						  legal services shall be obtained whenever the patient/resident is eligible,
						  such services are available, and the attorney is sufficiently acquainted with
						  the legal questions involved.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 11 - FISCAL ADVOCACY › Subchapter B - APPOINTMENT OF GUARDIAN OR PAYEE › POWERS AND DUTIES AS A COURT-APPOINTED GUARDIAN › Section 11.84 - Bills

Current through Register Vol. 54, No. 28, July 13, 2024
The Guardian Officer shall receive all bills relating
						  to persons for whom he serves as guardian or payee.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 11 - FISCAL ADVOCACY › Subchapter B - APPOINTMENT OF GUARDIAN OR PAYEE › POWERS AND DUTIES AS A COURT-APPOINTED GUARDIAN › Section 11.85 - Payment of bills

Current through Register Vol. 54, No. 28, July 13, 2024
Payment of bills for client insurance premiums, union
						  dues, noninstitutional medical expenses, and all other personal needs may be
						  made if in the client's best interest, and if the client has sufficient monies
						  in his account. If the request for payment is greater than the balance in the
						  client's account, a payment plan may be established in accordance with the
						  client's monthly benefits and the client's needs.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 11 - FISCAL ADVOCACY › Subchapter B - APPOINTMENT OF GUARDIAN OR PAYEE › POWERS AND DUTIES AS A COURT-APPOINTED GUARDIAN › Section 11.86 - Payment restrictions

Current through Register Vol. 54, No. 28, July 13, 2024
The Guardian Officer shall have the authority to pay
						  bills for care and maintenance determined due in accordance with applicable
						  law. No payments for care and maintenance may be made during the first 6 months
						  following the appointment of Guardian Officer as guardian. Bills accruing
						  during that period may be paid thereafter, after all available defenses have
						  been raised and adjudicated.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 11 - FISCAL ADVOCACY › Subchapter B - APPOINTMENT OF GUARDIAN OR PAYEE › POWERS AND DUTIES AS A COURT-APPOINTED GUARDIAN › Section 11.87 - Abatement, modification or discharge of liability

Current through Register Vol. 54, No. 28, July 13, 2024
The Guardian Officer shall have the authority to seek
						  and shall, when reasonable grounds exist, seek abatement, modification or
						  discharge of assessed liability under
						  50
						  P. S. §§
													4501 and
						  4504 and regulations
						  promulgated thereunder, on the basis of grounds in §§
												11.88-11.90 (relating to legal counsel
						  for abatement; direct patient billing; and form and content of
						  bill).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 11 - FISCAL ADVOCACY › Subchapter B - APPOINTMENT OF GUARDIAN OR PAYEE › POWERS AND DUTIES AS A COURT-APPOINTED GUARDIAN › Section 11.88 - Legal counsel for abatement

Current through Register Vol. 54, No. 28, July 13, 2024
In pursuing abatement, modification, or discharge, the
						  Guardian Officer may seek outside legal assistance to represent the interests
						  of the patient/resident. The Guardian Officer shall obtain such assistance
						  whenever a court hearing on liability is to be requested or held. Free legal
						  services shall be obtained whenever the patient/resident is eligible, such
						  legal services are available, and the attorney is sufficiently acquainted with
						  the legal questions involved.
This section cited in 55 Pa. Code §
														11.87 (relating to abatement,
							 modification or discharge of
							 liability).