reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 4 - ADMINISTRATION › Part IV - CIVIL SERVICE COMMISSION › Subpart A - RULES OF THE CIVIL SERVICE COMMISSION › Chapter 95 - SELECTION OF EMPLOYEES FOR ENTRANCE TO, OR PROMOTION IN, THE CLASSIFIED SERVICE › RESERVED › Section 95.43 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
This section cited in 4 Pa. Code §
													95.44 (relating to information
						  regarding unsuccessful candidates).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part IV - CIVIL SERVICE COMMISSION › Subpart A - RULES OF THE CIVIL SERVICE COMMISSION › Chapter 97 - RESERVED › RESERVED › Section 97.24 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
This section cited in 4 Pa. Code §
													97.22 (relating to rights of
						  substitute employes).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part IV - CIVIL SERVICE COMMISSION › Subpart A - RULES OF THE CIVIL SERVICE COMMISSION › Chapter 97 - RESERVED › RESERVED › Section 97.37 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
This section cited in 4 Pa. Code §
													97.31 (relating to duration and
						  extension of probationary periods).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part IV - CIVIL SERVICE COMMISSION › Subpart A - RULES OF THE CIVIL SERVICE COMMISSION › Chapter 97 - RESERVED › RESERVED › Section 97.38 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
This section cited in 4 Pa. Code §
													99.34 (relating to effect of
						  demotion on status).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part IV - CIVIL SERVICE COMMISSION › Subpart A - RULES OF THE CIVIL SERVICE COMMISSION › Chapter 99 - EMPLOYEES IN THE CLASSIFIED SERVICE › Subchapter D - REDUCTIONS IN PAY OR DEMOTIONS › Section 99.31 - Reductions of pay within the same class

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An appointing authority may reduce the
					 salary of an employee because of unsatisfactory performance of duties, or for
					 disciplinary reasons, to a lower salary rate within the salary range prescribed
					 for that position.
(b) Salary
					 reduction under these circumstances will not be deemed a demotion, and is
					 appealable under section 905.1 of the act (71 P. S. §
											741.905a).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part IV - CIVIL SERVICE COMMISSION › Subpart A - RULES OF THE CIVIL SERVICE COMMISSION › Chapter 99 - EMPLOYEES IN THE CLASSIFIED SERVICE › Subchapter D - REDUCTIONS IN PAY OR DEMOTIONS › Section 99.32 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
This section cited in 4 Pa. Code §
													99.34 (relating to effect of
						  demotion on status).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part IV - CIVIL SERVICE COMMISSION › Subpart A - RULES OF THE CIVIL SERVICE COMMISSION › Chapter 105 - NOTICE AND HEARINGS › NOTICE › Section 105.2 - Personnel actions

Current through Register Vol. 54, No. 28, July 13, 2024
Written notice shall be required for:
(1) Appointment.
(2) Promotion.
(3) Removal.
(4) Suspension.
(5) Demotion.
(6) Furlough.
(7) Retirement.
(8) Resignation.
(9) Transfer.
(10) Reassignment.
(11) Leave of absence.
(12) Extension or reduction of probationary
					 period.
(13) Compensation changes,
					 except salary increments, general pay increases, or special pay for such things
					 as overtime or out-of-class work.
(14) Performance evaluation.
(15) Reclassification.
This section cited in 4 Pa. Code §
													105.1 (relating to written notice
						  required).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part IV - CIVIL SERVICE COMMISSION › Subpart A - RULES OF THE CIVIL SERVICE COMMISSION › Chapter 105 - NOTICE AND HEARINGS › NOTICE › Section 105.3 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
This section cited in 4 Pa. Code §
													105.1 (relating to written notice
						  required).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part IV - CIVIL SERVICE COMMISSION › Subpart A - RULES OF THE CIVIL SERVICE COMMISSION › Chapter 105 - NOTICE AND HEARINGS › NOTICE › Section 105.4 - Signatory authority

Current through Register Vol. 54, No. 28, July 13, 2024
Personnel action notices shall be personally signed by
						the agency head, or a designated subordinate. If this responsibility has been
						delegated within the appointing authority, the delegation shall be submitted in
						writing to the Director and identify the designees by specific work title.
						Subordinates properly delegated signatory authority by the appointing authority
						may not further delegate the authority. For performance evaluations, the
						designated subordinate shall be the employe's immediate supervisor and the
						appointing authority is not required to submit written notification of work
						titles to the Director for this purpose.
This section cited in 4 Pa. Code §
													105.1 (relating to written notice
						  required).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part IV - CIVIL SERVICE COMMISSION › Subpart A - RULES OF THE CIVIL SERVICE COMMISSION › Chapter 105 - NOTICE AND HEARINGS › NOTICE › Section 105.5 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
This section cited in 4 Pa. Code §
													105.1 (relating to written notice
						  required).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part IV - CIVIL SERVICE COMMISSION › Subpart A - RULES OF THE CIVIL SERVICE COMMISSION › Chapter 105 - NOTICE AND HEARINGS › HEARINGS › Section 105.11 - General

Current through Register Vol. 54, No. 28, July 13, 2024
Hearings granted to employees demoted under section 706
						of the act (71 P. S. §
												741.706),
						furloughed under section 802 of the act (71 P. S. §
												741.802), resigned under section 806 of the
						act (71 P. S. §
												741.806),
						removed under section 807 of the act (71 P. S. §
												741.807), suspended under section 803 or
						persons alleging discrimination under section 905.1 of the act (71 P. S. §
												741.905a) shall be public hearings. At least
						10 working days notice in advance of the date of the hearing shall be tendered
						in writing to the employee affected and to the appointing authority and others
						interested in the case, informing them of the date, time and place of hearing.
						Notice of the hearings shall be posted on the bulletin board located in or near
						the principal office of the Commission. The Civil Service Commissioners may
						grant requests for continuances. The Commission, on its own motion, may grant a
						continuance if the scheduled hearing lasts longer than 2
						hours.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part IV - CIVIL SERVICE COMMISSION › Subpart A - RULES OF THE CIVIL SERVICE COMMISSION › Chapter 105 - NOTICE AND HEARINGS › HEARINGS › Section 105.12 - Requests

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Requests for
					 hearings shall be:
(1) Made in
					 writing.
(2) Personally signed by
					 the individual appealing.
(3)
					 Received or postmarked not more than 20 calendar days after the employee
					 receives notice of the challenged personnel action. A person appealing
					 discrimination under section 905.1 of the act (71 P. S. §
													741.905(1)) shall appeal
					 within 20 calendar days of the alleged discrimination.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part IV - CIVIL SERVICE COMMISSION › Subpart A - RULES OF THE CIVIL SERVICE COMMISSION › Chapter 105 - NOTICE AND HEARINGS › HEARINGS › Section 105.13 - Form of hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The hearing
					 shall be formal, but not all of the strict rules of evidence need be enforced.
					 Evidence offered should be the best evidence available. Documents which
					 constitute reliable evidence or whose contents or meaning are in dispute should
					 be brought to hearing and entered into evidence. Whenever possible, the
					 original document should be available to be offered into evidence.
(b) A complete stenographic, electronic or
					 other exact record of the proceedings shall be made.
(c) A Civil Service Commissioner or a hearing
					 officer designated by the Commission may conduct hearings.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part IV - CIVIL SERVICE COMMISSION › Subpart A - RULES OF THE CIVIL SERVICE COMMISSION › Chapter 105 - NOTICE AND HEARINGS › HEARINGS › Section 105.14 - Legal representation

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Appointing authorities shall be represented by counsel presently admitted to
					 practice before the Supreme Court of Pennsylvania.
(b) Appellants may represent themselves, or
					 may be represented by anyone presently admitted to practice before the Supreme
					 Court of Pennsylvania. This does not prohibit representation on behalf of
					 either an appointing authority or an appellant by a legal intern certified
					 under the Pennsylvania Bar Admission Rules.
(c) A person other than one noted in
					 subsection (b) will not be permitted to represent an appellant at a hearing of
					 the Commission.
(d) In all cases,
					 where a legal representative represents an appellant, notices of the date of
					 hearing and of the decision, and other communication arising from the case,
					 shall be directed to the legal representative. The communication shall have the
					 same force and effect as though personally given to the appellant.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part IV - CIVIL SERVICE COMMISSION › Subpart A - RULES OF THE CIVIL SERVICE COMMISSION › Chapter 105 - NOTICE AND HEARINGS › HEARINGS › Section 105.14a - Subpoenas

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Procedure for requesting subpoenas.
(1) Subpoenas for the attendance of witnesses
					 or for the production of documents will be issued only upon written application
					 to the Chairperson of the Commission or the Commissioner presiding at hearing,
					 with a copy to the opposing party.
(2) Written application shall specify as
					 clearly as possible the relevance of the testimony or documentary evidence
					 sought. As to documentary evidence, the request must specify to the extent
					 possible the documents desired and the facts to be proved thereby.
(3) Failure to adhere to the requirements of
					 this subsection may result in the refusal by the Commission to issue the
					 requested subpoenas.
(4) Subpoenas
					 for new or additional witnesses will not be issued after a hearing has been
					 commenced and continued unless orally requested on the record at the hearing
					 and approved by the Commission, except that subpoenas issued prior to the
					 commencement and continuance of the hearing may be reissued upon written
					 request.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part IV - CIVIL SERVICE COMMISSION › Subpart A - RULES OF THE CIVIL SERVICE COMMISSION › Chapter 105 - NOTICE AND HEARINGS › HEARINGS › Section 105.14b - Depositions and discovery

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Depositions.
At the discretion of the Commission,
					 depositions-statements of witnesses under oath-may be transcribed and submitted
					 in lieu of testimony at the hearing, where the witness will be unavailable to
					 testify at hearing because of unavoidable absence from the jurisdiction,
					 illness or other compelling reasons. The costs of depositions shall be borne by
					 the requesting party.
(b)
Discovery of documents.
At the discretion of the Commission,
					 relevant documents may be obtained from an opposing party prior to the hearing.
(1) Requests for discovery of documents shall
					 be in writing and shall initially be served upon the opposing party or legal
					 representative in sufficient time to allow completion of discovery prior to the
					 hearing.
(2) If the parties are
					 unable to agree upon a reasonable scope of discovery, requests for discovery
					 may then be forwarded in writing to the Commission, which may, in its
					 discretion, issue appropriate subpoenas under this title.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part IV - CIVIL SERVICE COMMISSION › Subpart A - RULES OF THE CIVIL SERVICE COMMISSION › Chapter 105 - NOTICE AND HEARINGS › HEARINGS › Section 105.14c - Settlement

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Parties, at
					 their discretion, may enter into agreements to settle or otherwise terminate a
					 proceeding before the Commission at any point in the appeal process prior to
					 adjudication. All parties shall notify the Commission in writing in a timely
					 manner of a settlement agreement. Upon receipt of notice from the appellant or
					 the appellant's legal representative, an appeal shall be deemed
					 withdrawn.
(b) Unless the
					 Commission is requested to review and approve the settlement, the Commission
					 will not be responsible for the enforcement of a settlement
					 agreement.
(c) When the Commission
					 finds in favor of the appellant and the appointing authority complies with the
					 order, questions about the sufficiency of compliance shall be submitted to the
					 Commission within 20 calendar days of the appointing authority's
					 action.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part IV - CIVIL SERVICE COMMISSION › Subpart A - RULES OF THE CIVIL SERVICE COMMISSION › Chapter 105 - NOTICE AND HEARINGS › HEARINGS › Section 105.14d - Prehearing conferences

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Prehearing conference.
To facilitate the submission and
					 consideration of issues and facts, the Commission may schedule a prehearing
					 conference and request the parties to participate in the proceeding. The
					 conference may be conducted by telephone or in person, either by a Commissioner
					 or by an attorney employed by the Commission to consider the following:
(1) Simplification of the issues.
(2) Stipulations of fact and authenticity of
					 documents.
(3) Admissibility and
					 relevance of witness testimony.
(4)
					 Admissibility and relevance of exhibits, which will be identified and exchanged
					 at the conference.
(5) Subpoenas
					 and all issues related to subpoenas.
(6) Offers of settlement or proposals for
					 adjustment, if appropriate.
(7)
					 Other matters that would facilitate the efficiency of the proceeding.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part IV - CIVIL SERVICE COMMISSION › Subpart A - RULES OF THE CIVIL SERVICE COMMISSION › Chapter 105 - NOTICE AND HEARINGS › HEARINGS › Section 105.16 - Procedure under section 951(b) of the act (71 P. S. Section 741.951(b))

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The appellant
					 shall go forward to establish the charge or charges of discrimination. If at
					 the conclusion of this presentation, the appellant has, in the opinion of the
					 Commission, established a prima facie case, the appointing authority shall then
					 be afforded the opportunity to reply to the charges.
(b) Apart from the order of going forward,
					 the remainder of the procedure shall follow that prescribed in §
											105.15(c) 
					 (relating to procedure under section 951(a) of the act (71 P. S. §
												741.951(a)). If an appellant
					 fails to attend the hearing, the appeal may be immediately dismissed for
					 failure to prosecute.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part IV - CIVIL SERVICE COMMISSION › Subpart A - RULES OF THE CIVIL SERVICE COMMISSION › Chapter 105 - NOTICE AND HEARINGS › HEARINGS › Section 105.17 - Petition for reconsideration

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Form.
Petitions for rescission or modification of an
					 adjudication shall be in writing and shall set forth in numbered paragraphs the
					 findings or orders alleged to be erroneous and the points relied upon by the
					 petitioner, with appropriate record references and specific requests for the
					 findings or orders desired.
(b)
Specification of errors.
Petitions for reconsideration shall
					 state concisely the alleged errors in the adjudication or other order of the
					 Commission. If an adjudication or other order of the Commission is sought to be
					 vacated, reversed, or modified by reason of matters that have arisen since the
					 hearing and decision or order, or by reason of a consequence that would result
					 from compliance therewith, the matters relied upon by the petitioner shall be
					 set forth in the petition.
(c)
Filing and service.
Every petition for reconsideration shall
					 be filed within 15 calendar days after issuance of the Commission order
					 involved.
(d) The requirements of
					 this provision supersede those set forth in 1 Pa. Code §
											35.241 (relating to application for
					 rehearing or reconsideration).
(e)
					 The procedure for reconsideration contained in this subsection does not alter
					 or replace any procedures provided elsewhere for the timely filing of appeals
					 of Commission adjudications to appellate courts.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part IV - CIVIL SERVICE COMMISSION › Subpart B - EXECUTIVE DIRECTOR OF CIVIL SERVICE › Chapter 109 - PROCEEDINGS › Section 109.1 - Mechanical and electronic records

Current through Register Vol. 54, No. 28, July 13, 2024
The Commission may prohibit the use of mechanical and
					 electronic recording devices if the use of the devices will disrupt or
					 otherwise interfere with the proceedings.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part IV - CIVIL SERVICE COMMISSION › Subpart B - EXECUTIVE DIRECTOR OF CIVIL SERVICE › Chapter 110 - DOCUMENTARY FILINGS AND REPRODUCTION OF RECORDS › Subchapter A - DOCUMENTARY FILINGS › Section 110.1 - Praecipe of appearance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Legal
					 representatives for appointing authorities or appellants in appeals or hearings
					 held under the act shall file a Notice of Appearance with the Commission, prior
					 to the time of the hearing, if possible.
(b) Subsection (a) supplements 1 Pa. Code
					 §
											31.24(a) and (b)
					 (relating to notice of appearance).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part IV - CIVIL SERVICE COMMISSION › Subpart B - EXECUTIVE DIRECTOR OF CIVIL SERVICE › Chapter 110 - DOCUMENTARY FILINGS AND REPRODUCTION OF RECORDS › Subchapter A - DOCUMENTARY FILINGS › Section 110.2 - Exhibits

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Parties
					 presenting exhibits shall bring six copies to the hearing.
(b) Subsection (a) supersedes 1 Pa. Code
					 §
											33.15 (relating to number of
					 copies).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part IV - CIVIL SERVICE COMMISSION › Subpart B - EXECUTIVE DIRECTOR OF CIVIL SERVICE › Chapter 110 - DOCUMENTARY FILINGS AND REPRODUCTION OF RECORDS › Subchapter A - DOCUMENTARY FILINGS › Section 110.3 - Briefs

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The parties
					 will be notified of the procedure and schedule for the submission of briefs.
					 Parties submitting briefs shall submit the original and five copies to the
					 Commission's Appeals Office. Briefs filed outside of the time period or
					 sequence specified will be considered only at the discretion of the
					 Commission.
(b) This section
					 supplements as to acceptance and filing and supersedes as to number of copies 1
					 Pa. Code §
											35.193 (relating to filing and
					 service of briefs).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part IV - CIVIL SERVICE COMMISSION › Subpart B - EXECUTIVE DIRECTOR OF CIVIL SERVICE › Chapter 110 - DOCUMENTARY FILINGS AND REPRODUCTION OF RECORDS › Subchapter A - DOCUMENTARY FILINGS › Section 110.4 - Transcripts

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Parties shall
					 make arrangements to purchase copies of the transcript directly with the
					 reporting service. The Commission's copy of transcripts may be reviewed at the
					 Commission offices in Harrisburg, Philadelphia or Pittsburgh. Arrangements for
					 this review service may be made by contacting the Appeals Office of the
					 Commission in Harrisburg.
(b)
					 Subsection (a) supplements 1 Pa. Code §
											35.133 (relating to copies of
					 transcripts).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part IV - CIVIL SERVICE COMMISSION › Subpart B - EXECUTIVE DIRECTOR OF CIVIL SERVICE › Chapter 110 - DOCUMENTARY FILINGS AND REPRODUCTION OF RECORDS › Subchapter A - DOCUMENTARY FILINGS › Section 110.5 - Form of documents

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Typewritten.
Pleadings, submittals, briefs, or other
					 hearing-related documents filed with the Commission, if not printed, shall be
					 typewritten on letter size paper, 8 1/2 inches wide and 11 inches long, with
					 left hand margin not less than 1 1/2 inches wide and other margins not less
					 than 1 inch. The impression shall be on only one side of the paper unless there
					 are more than four pages and shall be double spaced except that quotations in
					 excess of five lines shall be single spaced and indented not less than four
					 spaces. Mimeographed, multigraphed, hectographed, or planographed copies will
					 be accepted as typewritten, provided all copies are legible.
(b)
Printed.
Printed
					 documents shall not be less than 10-point type on unglazed paper 8 1/2 inches
					 wide and 11 inches long, with inside margin not less than 1 inch wide and with
					 double-leaded text and single-leaded, indented quotations.
(c)
Binding.
Pleadings,
					 submittals, briefs, and other hearing-related documents other than
					 correspondence shall be bound at the left side only.
(d)
Paper color.
Pleadings,
					 submittals, briefs, and other hearing-related documents other than
					 correspondence shall be on white paper.
(e) The provisions of subsections (a)-(d)
					 supersede the provisions of 1 Pa. Code §
											33.2 (relating to form).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part IV - CIVIL SERVICE COMMISSION › Subpart B - EXECUTIVE DIRECTOR OF CIVIL SERVICE › Chapter 110 - DOCUMENTARY FILINGS AND REPRODUCTION OF RECORDS › Subchapter B - REPRODUCTION OF RECORDS › Section 110.21 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter pertains to the reproduction of papers,
						records, and furnishing such documents to requesting parties. It excludes blank
						forms, publications, and other documents furnished by the Commission in the
						normal course of business.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part IV - CIVIL SERVICE COMMISSION › Subpart B - EXECUTIVE DIRECTOR OF CIVIL SERVICE › Chapter 110 - DOCUMENTARY FILINGS AND REPRODUCTION OF RECORDS › Subchapter B - REPRODUCTION OF RECORDS › Section 110.22 - Determination of need

Current through Register Vol. 54, No. 28, July 13, 2024
The Director shall identify the types of papers, records,
						and the quantity thereof which may be reproduced and made available for public
						use.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part IV - CIVIL SERVICE COMMISSION › Subpart B - EXECUTIVE DIRECTOR OF CIVIL SERVICE › Chapter 110 - DOCUMENTARY FILINGS AND REPRODUCTION OF RECORDS › Subchapter B - REPRODUCTION OF RECORDS › Section 110.23 - Method of reproduction and format

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Reproduction.
The method
					 of reproduction will be determined by the Director.
(b)
Format.
Unless
					 compelling reasons dictate otherwise, reproduced documents shall be in black
					 print on white paper, 8-1/2 inches wide by 11 or 13 inches long.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part IV - CIVIL SERVICE COMMISSION › Subpart B - EXECUTIVE DIRECTOR OF CIVIL SERVICE › Chapter 110 - DOCUMENTARY FILINGS AND REPRODUCTION OF RECORDS › Subchapter B - REPRODUCTION OF RECORDS › Section 110.24 - Documents which may be furnished without charge

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Reproductions of applications and
					 attendant papers and records of employees or candidates, excluding test
					 material, may be furnished to appointing authorities to which the names of the
					 employees or eligibles are furnished for classified service personnel
					 actions.
(b) Reproductions of
					 required papers and records may be furnished to court or law enforcement
					 personnel in the conduct of official business. Test materials will be furnished
					 only by Commission or court order.
This section cited in 4 Pa. Code §
													110.25 (relating to documents which
						  may not be furnished without
						  charge).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part IV - CIVIL SERVICE COMMISSION › Subpart B - EXECUTIVE DIRECTOR OF CIVIL SERVICE › Chapter 110 - DOCUMENTARY FILINGS AND REPRODUCTION OF RECORDS › Subchapter B - REPRODUCTION OF RECORDS › Section 110.25 - Documents which may not be furnished without charge

Current through Register Vol. 54, No. 28, July 13, 2024
Reproductions of records not included in §
											110.24 (relating to documents which
						may be furnished without charge) may be furnished to a requestor upon payment
						to the Commission of an amount equal to the prevailing cost of reproduction, as
						determined by the Director. Test material will not be
						furnished.
This section cited in 4 Pa. Code §
													110.27 (relating to payment for
						  reproductions and postage).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part IV - CIVIL SERVICE COMMISSION › Subpart B - EXECUTIVE DIRECTOR OF CIVIL SERVICE › Chapter 110 - DOCUMENTARY FILINGS AND REPRODUCTION OF RECORDS › Subchapter B - REPRODUCTION OF RECORDS › Section 110.26 - Requests for reproductions of records

Current through Register Vol. 54, No. 28, July 13, 2024
Requests for reproductions of records under this chapter
						shall be in writing, and submitted to the Director. Each shall contain the
						business telephone number of the requestor, and shall provide sufficient detail
						to permit ease in retrieval. The Director reserves the right to disapprove any
						request or part thereof.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part IV - CIVIL SERVICE COMMISSION › Subpart B - EXECUTIVE DIRECTOR OF CIVIL SERVICE › Chapter 110 - DOCUMENTARY FILINGS AND REPRODUCTION OF RECORDS › Subchapter B - REPRODUCTION OF RECORDS › Section 110.27 - Payment for reproductions and postage

Current through Register Vol. 54, No. 28, July 13, 2024
Payment for reproductions furnished under §
											110.25 (relating to documents which
						may not be furnished without charge) shall be by check or money order. Cash or
						any other object of value shall not be accepted. For reproductions mailed to
						requestors, postage costs will be added to the cost of reproduction. The method
						of transmittal shall be determined by the Director.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part IV - CIVIL SERVICE COMMISSION › Subpart B - EXECUTIVE DIRECTOR OF CIVIL SERVICE › Chapter 110 - DOCUMENTARY FILINGS AND REPRODUCTION OF RECORDS › Subchapter B - REPRODUCTION OF RECORDS › Section 110.28 - Records retention

Current through Register Vol. 54, No. 28, July 13, 2024
The Director will prepare and maintain a comprehensive
						records retention schedule. This schedule will identify those records required
						for retention by the act and satisfy the act regarding open access under
						reasonable conditions.
(1) Minutes of
					 Commission meetings shall be permanent.
(2) Records may be kept either electronically
					 or mechanically.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part V - EMERGENCY MANAGEMENT AGENCY › Chapter 111 - EMERGENCY MANAGEMENT AGENCY LANDS AND BUILDINGS › Section 111.1 - Posting

Current through Register Vol. 54, No. 28, July 13, 2024
All lands and buildings under control of the Pennsylvania
				  Emergency Management Agency and used for the storage of emergency equipment,
				  materials and supplies shall be conspicuously marked with official posters
				  designating them as restricted areas.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part V - EMERGENCY MANAGEMENT AGENCY › Chapter 111 - EMERGENCY MANAGEMENT AGENCY LANDS AND BUILDINGS › Section 111.2 - Authorization for entry

Current through Register Vol. 54, No. 28, July 13, 2024
Entry upon or into all such designated lands and buildings
				  shall be restricted to those persons specifically authorized to enter such
				  properties by any of the following:
(1) The Pennsylvania Emergency Management
				Agency.
(2) The Department of
				Military Affairs.
(3) The
				Pennsylvania State Police.
This section cited in 4 Pa. Code §
											111.3 (relating to penalty for
					 unauthorized entry).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part V - EMERGENCY MANAGEMENT AGENCY › Chapter 111 - EMERGENCY MANAGEMENT AGENCY LANDS AND BUILDINGS › Section 111.3 - Penalty for unauthorized entry

Current through Register Vol. 54, No. 28, July 13, 2024
Any person entering upon or into lands and buildings
				  designated as restricted areas without specific authorization as provided in
				  §
									111.2 (relating to authorization
				  for entry) shall be subject to arrest and penalty, as provided in
				  35 Pa.C.S. §
										7707
				  (relating to penalties).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part V - EMERGENCY MANAGEMENT AGENCY › Chapter 112 - NATURAL DISASTER REIMBURSEMENT PROGRAM FOR POLITICAL SUBDIVISIONS › Section 112.1 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Whenever the
				Governor shall have proclaimed that conditions of disaster emergency exist
				throughout this Commonwealth or in one or more political subdivisions thereof
				due to a natural disaster including but not limited to floods, heavy snows, or
				prolonged periods of subfreezing weather, officials of any political
				subdivision affected by such conditions of disaster emergency shall have the
				authority to clear such roadways as are necessary for the health, safety and
				welfare of residents, even though such roadways are not officially the
				responsibility of such political subdivisions. In the event that a water system
				owned or operated by a political subdivision or municipal authority is damaged,
				destroyed, or made inoperable as a direct result of such conditions of disaster
				emergency, the political subdivision or municipal authority shall have the
				authority to lease or hire such personnel and equipment as may be needed to
				effect restoration of such water system.
(b) Whenever the Governor shall have
				proclaimed that conditions of disaster emergency exist throughout this
				Commonwealth or in one or more political subdivisions due to a natural
				disaster, he may direct funds to be made available for the reimbursement of
				political subdivisions and municipal authorities in accordance with the
				application procedures outlined in §
									112.5 (relating to procedures).
				Reimbursement will be made only if the Governor makes available funds for that
				specific purpose. The total amount of reimbursement shall never exceed $1
				million in any one year except by action of the General Assembly.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part V - EMERGENCY MANAGEMENT AGENCY › Chapter 112 - NATURAL DISASTER REIMBURSEMENT PROGRAM FOR POLITICAL SUBDIVISIONS › Section 112.2 - Policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Section 4 of
				the act of July 6, 1961 ( P.
				L. 515, No. 265) (71 P. S. §
										1689.104) provides that political
				subdivisions and municipal authorities may be reimbursed for the costs of
				roadway clearance and repair of public water systems whenever the Governor
				proclaims that a disaster emergency exists in the affected area.
(b) The Governor has designated the
				Pennsylvania Emergency Management Agency to administer the reimbursement
				program.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part V - EMERGENCY MANAGEMENT AGENCY › Chapter 112 - NATURAL DISASTER REIMBURSEMENT PROGRAM FOR POLITICAL SUBDIVISIONS › Section 112.3 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
				  have the following meanings:
Disaster emergency
-Those conditions
				  which:
(i) Seriously affect the
				safety, health or welfare of a substantial number of citizens of this
				Commonwealth or preclude the operation or use of essential public
				facilities.
(ii) Be of such
				magnitude or severity as to render essential State supplementation of county
				and local efforts or resources exerted or utilized in alleviating the danger,
				damage, suffering or hardship faced.
(iii) Have been caused by forces beyond the
				control of man by reason of civil disorder, riot, or disturbance, or by factors
				not foreseen and not known to exist when appropriation bills were
				enacted.
Natural disaster
-Any hurricane, tornado,
				  storm, flood, high-water, wind-driven water, tidal wave, earthquake, landslide,
				  mudslide, snowstorm, drought, fire, explosion or other catastrophe which
				  results in damage to property, hardship, suffering or possible loss of
				  life.
Political subdivisions
-Any county, city,
				  borough, township, town or home rule community in this
				  Commonwealth.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part V - EMERGENCY MANAGEMENT AGENCY › Chapter 112 - NATURAL DISASTER REIMBURSEMENT PROGRAM FOR POLITICAL SUBDIVISIONS › Section 112.4 - Responsibilities

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Office
				of the Budget.
The Office of the Budget shall have the following
				responsibilities:
(1) Review the request from
				the Pennsylvania Emergency Management Agency for transfer of funds for use in
				the emergency.
(2) Recommend to the
				Governor an amount of executive authorization for reimbursement programs and an
				existing appropriation from which funds may be transferred.
(3) Review the request from the Pennsylvania
				Emergency Management Agency for the allocation of available funds among
				supporting agencies and process the appropriate transfers of funds.
(4) Provide assistance to State agencies on
				financial and accounting matters.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part V - EMERGENCY MANAGEMENT AGENCY › Chapter 113 - VOLUNTEER FIRE COMPANY, AMBULANCE SERVICE AND RESCUE SQUAD ASSISTANCE › GENERAL STANDARDS › Section 113.2 - General provisions for assistance to volunteer companies

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The OSFC will
				  accept applications from a volunteer fire company, volunteer ambulance service
				  and volunteer rescue service, as authorized under the act, on forms provided
				  and authorized by the OSFC.
(b) The
				  General Assembly has determined that volunteer fire companies are most in need
				  of loans and intends that, to the extent possible, a significant portion of the
				  Volunteer Companies Loan Fund be used to provide loans to volunteer fire
				  companies and that the balance be allocated to provide loans to volunteer
				  ambulance services and volunteer rescue squads.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part V - EMERGENCY MANAGEMENT AGENCY › Chapter 113 - VOLUNTEER FIRE COMPANY, AMBULANCE SERVICE AND RESCUE SQUAD ASSISTANCE › GENERAL STANDARDS › Section 113.3 - Initial application procedure

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Part I
. As its initial
				  step in applying for a loan, the volunteer company shall submit the following
				  documentation:
(1) A copy of the bylaws which
				  provide that the applicant does not discriminate on the basis of race, creed,
				  religion, sex, age, National origin or disability.
(2) A copy of the charter or certificate of
				  incorporation that establishes its status as a volunteer or nonprofit
				  corporation, association or organization.
(3) A notarized loan application and letter
				  of intent, OSFC-VL-1.
(4) Proof of
				  publication of the nondiscrimination clause as recommended by OSFC-VL-4. In the
				  publication of intention to apply for a loan and statement of nondiscrimination
				  against applicants for membership, the volunteer company shall convenant with
				  the OSFC that it has not, does not and will not discriminate on the basis of
				  race, creed, religion, sex, age, National origin or disability and that the
				  volunteer company is and shall remain in compliance with the Pennsylvania Human
				  Relations Act (43 P. S. §
												§
												951-962.2), Title VI of the Civil Rights Act
				  of 1964 (42 U.S.C.A. §
												§
												2000d-2000d-4 a) and the Americans
				  with Disabilities Act of 1990 (42 U.S.C.A. §
												§
												12101-12514). Every volunteer company
				  requesting a loan from the OSFC shall, at its own expense, publish its
				  intentions to apply for funds from the OSFC at least once in a newspaper of
				  general circulation within 30 days prior to submission of the loan application.
				  A newspaper of general circulation shall be a newspaper that is circulated on a
				  daily or weekly basis within the volunteer company's service area.
(5) The resolution to borrow, OSFC-VL-2,
				  either affixed with the volunteer company's seal or notorized.
(6) An Emergency Management Planning
				  Resolution, OSFC-VL-20, if applicable.
(7) A Certification of Hazardous Materials
				  Response Training, OSFC-VL-21, if applicable.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part V - EMERGENCY MANAGEMENT AGENCY › Chapter 113 - VOLUNTEER FIRE COMPANY, AMBULANCE SERVICE AND RESCUE SQUAD ASSISTANCE › GENERAL STANDARDS › Section 113.4 - Loan priorities and eligibility standards

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A volunteer company that has met the
				  requirements of §
										§
										113.3 and
				  113.5(a) and (b)
				  (relating to initial application procedure; and final application procedure)
				  shall have its loan application classified within each category according to
				  its status as a volunteer fire company, a volunteer ambulance service or a
				  volunteer rescue service.
(b) A
				  loan application which meets two of the following requirements of the act shall
				  be given first priority:
(1) Replacement of
				  apparatus equipment not in compliance with NFPA standards or facilities not
				  meeting State or local building codes or fire prevention codes, Federal
				  regulations or OSFC directives.
(2)
				  Replacement of unsafe fire apparatus equipment or facilities, or
				  both.
(3) Provision of additional
				  equipment or facilities, or both, because of unusual demand on present
				  service.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part V - EMERGENCY MANAGEMENT AGENCY › Chapter 113 - VOLUNTEER FIRE COMPANY, AMBULANCE SERVICE AND RESCUE SQUAD ASSISTANCE › GENERAL STANDARDS › Section 113.5 - Final application procedure

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The final application forms shall be
				  submitted by a volunteer company within 9 months after it receives written
				  notice from the OSFC in accordance with §
										113.3(b) (relating
				  to initial application procedure) that it is eligible to submit the final
				  application forms to the OSFC or the application file will be closed by the
				  OSFC. The final forms required include the following:
(1) A notarized financial statement and plan
				  certification, PEMA-VL-5.
(2) A
				  letter of responsibility, PEMA-VL-10.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part V - EMERGENCY MANAGEMENT AGENCY › Chapter 113 - VOLUNTEER FIRE COMPANY, AMBULANCE SERVICE AND RESCUE SQUAD ASSISTANCE › GENERAL STANDARDS › Section 113.6 - Loan limitations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  OSFC is authorized to make loans for the following:
(1) Acquisition of apparatus equipment,
				  ambulances, rescue vehicles, utility or special service vehicles, communication
				  equipment, accessory equipment or protective equipment; construction of new
				  facilities; and modernization of existing facilities.
(2) Repair or rehabilitation of apparatus
				  equipment when it has been determined that existing apparatus equipment no
				  longer meets the current standards of the NFPA and when the repair or
				  rehabilitation, or both, of the apparatus equipment will bring it in compliance
				  with NFPA standards in existence at the time of the application.
(3) Refinancing a debt incurred through other
				  lending institutions for contracts entered into after November 4, 1975 and used
				  for the purchase of apparatus equipment, for the construction or modernization
				  of facilities, or for the modification of apparatus equipment in order to
				  comply with NFPA standards.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part V - EMERGENCY MANAGEMENT AGENCY › Chapter 113 - VOLUNTEER FIRE COMPANY, AMBULANCE SERVICE AND RESCUE SQUAD ASSISTANCE › GENERAL STANDARDS › Section 113.7 - Effective date

Current through Register Vol. 54, No. 28, July 13, 2024
Loans may be made for purposes of the act undertaken by a
					 volunteer company after November 4, 1975.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part V - EMERGENCY MANAGEMENT AGENCY › Chapter 113 - VOLUNTEER FIRE COMPANY, AMBULANCE SERVICE AND RESCUE SQUAD ASSISTANCE › GENERAL STANDARDS › Section 113.8 - Political subdivision

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  volunteer company is eligible for a loan regardless of legal ownership in whole
				  or part by a political subdivision of facilities, apparatus equipment or other
				  equipment used by the volunteer company. Title to the real personal property so
				  financed shall vest in either the volunteer company or the political
				  subdivision during the period of the loan. When the title to the real or
				  personal property vests in the political subdivision, the political subdivision
				  and the volunteer company shall cosign the mortgage, promissory note and
				  security agreement for the real property loan (such as facilities) or the
				  promissory note, security agreement and financing statements for the personal
				  property loan (such as apparatus equipment or protective, accessory or
				  communications equipment).
(b)
				  Apparatus equipment or facilities financed under the act may be transferred to
				  a political subdivision served by the volunteer fire company, volunteer
				  ambulance or volunteer rescue service if the OSFC receives 30 days written
				  notice of the transfer. In this situation, the OSFC will determine the type of
				  security required.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part V - EMERGENCY MANAGEMENT AGENCY › Chapter 113 - VOLUNTEER FIRE COMPANY, AMBULANCE SERVICE AND RESCUE SQUAD ASSISTANCE › GENERAL STANDARDS › Section 113.9 - Twenty percent requirement

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  volunteer company shall be required to show that it has available 20% of the
				  total cost of the facility, apparatus equipment or vehicle procurement or
				  rehabilitation in unobligated funds at the time its initial application forms
				  are submitted to the OSFC. The OSFC has the authority to confirm the existence
				  of a volunteer company's invested or unobligated funds at any time during the
				  loan review process.
(b) If the
				  volunteer company is unable to meet the 20% requirement of subsection (a), a
				  political subdivision served by the volunteer company may pledge funds
				  necessary to satisfy the 20% requirement and, if it does so, shall cosign the
				  application submitted by the volunteer company and provide the OSFC with a copy
				  of an ordinance adopted by the governing body of the political subdivision
				  which guarantees the loan amount or authorizes the issuance of a general
				  obligation note in the amount of the loan under the Local Government Unit Debt
				  Act (53 P. S. §
											§
											6780-1-6780-609). A copy of the ordinance and
				  a copy of the Department of Community Affairs Certificate of Approval shall be
				  provided to the OSFC at least 30 days prior to final settlement of the
				  loan.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part V - EMERGENCY MANAGEMENT AGENCY › Chapter 113 - VOLUNTEER FIRE COMPANY, AMBULANCE SERVICE AND RESCUE SQUAD ASSISTANCE › GENERAL STANDARDS › Section 113.10 - Loan period

Current through Register Vol. 54, No. 28, July 13, 2024
The loans granted under the act may not exceed 15 years,
					 and any loan in the amount of $15,000 or less shall be for not more than 5
					 years. The minimum amount of a loan is $5,000.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part V - EMERGENCY MANAGEMENT AGENCY › Chapter 113 - VOLUNTEER FIRE COMPANY, AMBULANCE SERVICE AND RESCUE SQUAD ASSISTANCE › GENERAL STANDARDS › Section 113.11 - Loan repayment

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  loan shall be repaid at the rate of interest of 2% per annum payable monthly on
				  the unpaid balance of the loan commencing not later than 2 months after the
				  date of the loan and payable on the first day of every month thereafter during
				  the term of the loan until paid. There shall be a delinquent charge of 6% per
				  annum for a loan repayment that is 30 or more days late of the original due
				  date.
(b) The volunteer company may
				  anticipate installments of principal or any payments of interest at any time
				  prior to the respective payment date without notice or penalty.
(c) The principal and interest of the loan
				  shall be payable at the office designated for these purposes. The check or
				  money order shall be made payable to the Volunteer Companies Loan Fund and
				  shall be delivered to the OSFC comptroller's office before the close of
				  business on the due date.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part V - EMERGENCY MANAGEMENT AGENCY › Chapter 113 - VOLUNTEER FIRE COMPANY, AMBULANCE SERVICE AND RESCUE SQUAD ASSISTANCE › GENERAL STANDARDS › Section 113.12 - Loan procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In
				  advance of a loan settlement, the OSFC's comptroller shall issue two-party
				  checks which shall list the volunteer company and a lending institution,
				  apparatus equipment manufacturer or dealer, construction company or other
				  interested party, as identified by the OSFC, as the payees of the loan
				  check.
(b) Loan settlements will be
				  conducted at either the OSFC's Harrisburg office or area offices or at another
				  location as determined at the sole discretion of the OSFC. The OSFC will set
				  the dates and times for loan settlements.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part V - EMERGENCY MANAGEMENT AGENCY › Chapter 113 - VOLUNTEER FIRE COMPANY, AMBULANCE SERVICE AND RESCUE SQUAD ASSISTANCE › FACILITY LOANS › Section 113.101 - Loan authorization

Current through Register Vol. 54, No. 28, July 13, 2024
The OSFC is authorized to make loans which will assist in
					 establishing or modernizing facilities that house apparatus equipment,
					 accessory equipment, communications equipment and protective
					 equipment.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part V - EMERGENCY MANAGEMENT AGENCY › Chapter 113 - VOLUNTEER FIRE COMPANY, AMBULANCE SERVICE AND RESCUE SQUAD ASSISTANCE › FACILITY LOANS › Section 113.102 - Loan

Current through Register Vol. 54, No. 28, July 13, 2024
The loan for acquisition of land or construction of a new
					 facility or renovation of an existing facility to any volunteer fire company,
					 ambulance service or rescue squad for a specified project may not exceed 50% of
					 the total cost of the facility or modernization or $200,000, whichever is
					 less.