reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 22 - EDUCATION › Part XX - Charter Schools › Chapter 711 - CHARTER SCHOOL AND CYBER CHARTER SCHOOL SERVICES AND PROGRAMS FOR CHILDREN WITH DISABILITIES › PROCEDURAL SAFEGUARDS › Section 711.62 - Procedural safeguards

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  charter school or cyber charter school shall ensure that procedures are
				  established and implemented to allow parties to disputes regarding any matter
				  described in 34 CFR
				  300.503(a)(1) (relating to
				  prior notice by the public agency, content of notice), to resolve the dispute
				  through a mediation process that, at a minimum, must be available whenever a
				  hearing is requested under 34 CFR 300.507 (relating to filing
				  a due process complaint) or 34 CFR 300.530-300.537,
				  regarding discipline procedures.
(b) The following apply to coordination
				  services for special education and Section 504 hearings and to hearing
				  officers:
(1) The Secretary may contract for
				  coordination services in support of hearings conducted by local charter schools
				  or cyber charter schools. The coordination services shall be provided on behalf
				  of charter schools or cyber charter schools and may include arrangements for
				  stenographic services, arrangements for hearing officer services, scheduling of
				  hearings and other functions in support of procedural consistency and the
				  rights of the parties to hearings.
(2) A hearing officer may not be an employee
				  or agent of a charter school or cyber charter school which is responsible for
				  the education of the student, or of the school district in which the parents or
				  student reside or of any other agency which is responsible for the education or
				  care of the student. A hearing officer shall promptly inform the parties of a
				  personal or professional relationship the officer has or has had with any of
				  the parties.
Pennsylvania Code › Title 22 - EDUCATION › Part XXI - Interstate Compacts › Chapter 721 - INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN › Article I - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
It is the purpose of this compact to remove barriers to
				  educational success imposed on children of military families because of
				  frequent moves and deployment of their parents by:
A. Facilitating the timely enrollment of
				children of military families and ensuring that they are not placed at a
				disadvantage due to difficulty in the transfer of education records from the
				previous school district(s) or variations in entrance/age
				requirements.
B. Facilitating the
				student placement process through which children of military families are not
				disadvantaged by variations in attendance requirements, scheduling, sequencing,
				grading, course content or assessment.
C. Facilitating the qualification and
				eligibility for enrollment, educational programs, and participation in
				extracurricular academic, athletic, and social activities.
D. Facilitating the on-time graduation of
				children of military families.
E.
				Providing for the promulgation and enforcement of administrative rules
				implementing the provisions of this compact.
F. Providing for the uniform collection and
				sharing of information between and among member states, schools and military
				families under this compact.
G.
				Promoting coordination between this compact and other compacts affecting
				military children.
H. Promoting
				flexibility and cooperation between the educational system, parents and the
				student in order to achieve educational success for the student.
Pennsylvania Code › Title 22 - EDUCATION › Part XXI - Interstate Compacts › Chapter 721 - INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN › Article III - Applicability

Current through Register Vol. 54, No. 28, July 13, 2024
A. Except as
				otherwise provided in Section C, this compact shall apply to the children of:
1. active duty members of the uniformed
				services as defined in this compact;
2. members or veterans of the uniformed
				services who are severely injured and medically discharged or retired for a
				period of one (1) year after medical discharge or retirement; and
3. members of the uniformed services who die
				on active duty or as a result of injuries sustained on active duty for a period
				of one (1) year after death.
Pennsylvania Code › Title 22 - EDUCATION › Part XXI - Interstate Compacts › Chapter 721 - INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN › Article IV - Educational Records & Enrollment

Current through Register Vol. 54, No. 28, July 13, 2024
A.
				Unofficial or "hand-carried" education records-In the event that official
				education records cannot be released to the parents for the purpose of
				transfer, the custodian of the records in the sending state shall prepare and
				furnish to the parent a complete set of unofficial educational records
				containing uniform information as determined by the Interstate Commission. Upon
				receipt of the unofficial education records by a school in the receiving state,
				the school shall enroll and appropriately place the student based on the
				information provided in the unofficial records pending validation by the
				official records, as quickly as possible.
B. Official education
				records/transcripts-Simultaneous with the enrollment and conditional placement
				of the student, the school in the receiving state shall request the student's
				official education record from the school in the sending state. Upon receipt of
				this request, the school in the sending state will process and furnish the
				official education records to the school in the receiving state within ten (10)
				days or within such time as is reasonably determined under the rules
				promulgated by the Interstate Commission.
C. Immunizations-Compacting states shall give
				thirty (30) days from the date of enrollment or within such time as is
				reasonably determined under the rules promulgated by the Interstate Commission,
				for students to obtain any immunization(s) required by the receiving state. For
				a series of immunizations, initial vaccinations must be obtained within thirty
				(30) days or within such time as is reasonably determined under the rules
				promulgated by the Interstate Commission.
D. Kindergarten and First grade entrance
				age-Students shall be allowed to continue their enrollment at grade level in
				the receiving state commensurate with their grade level (including
				Kindergarten) from a local education agency in the sending state at the time of
				transition, regardless of minimum age. A student that has satisfactorily
				completed the prerequisite grade level in the local education agency in the
				sending state shall be eligible for enrollment in the next highest grade level
				in the receiving state, regardless of minimum age. A student transferring after
				the start of the school year in the receiving state shall enter the school in
				the receiving state on their validated level from a local education agency in
				the sending state.
Pennsylvania Code › Title 22 - EDUCATION › Part XXI - Interstate Compacts › Chapter 721 - INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN › Article VI - Eligibility

Current through Register Vol. 54, No. 28, July 13, 2024
Eligibility for enrollment-Children of military families
				  shall be eligible for enrollment in the public schools of a state pursuant to
				  the provisions of the state's public school statute that provide for admission,
				  without the payment of tuition, of children of military families not domiciled
				  within the school district, provided that the specified conditions in those
				  provisions are met.
Eligibility for extracurricular participation-State and local
				  education agencies shall facilitate the opportunity for transitioning military
				  children's inclusion in extracurricular activities, regardless of application
				  deadlines, to the extent they are otherwise
				  qualified.
Pennsylvania Code › Title 22 - EDUCATION › Part XXI - Interstate Compacts › Chapter 721 - INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN › Article VII - Graduation

Current through Register Vol. 54, No. 28, July 13, 2024
In order to facilitate the on-time graduation of children of
				  military families states and local education agencies shall incorporate the
				  following procedures:
Waiver requirements-Local education agency administrative
				  officials shall waive specific courses required for graduation if similar
				  course work has been satisfactorily completed in another local education agency
				  or shall provide reasonable justification for denial. Should a waiver not be
				  granted to a student who would qualify to graduate from the sending school, the
				  local education agency shall provide an alternative means of acquiring required
				  coursework so that graduation may occur on time.
Exit exams-States shall accept:
1) exit or end-of-course exams required for
				graduation from the sending state; or
2) national norm-referenced achievement tests
				or
3) alternative testing, in lieu
				of testing requirements for graduation in the receiving state. In the event the
				above alternatives cannot be accommodated by the receiving state for a student
				transferring in his or her Senior year, then the provisions of Article VII,
				Section C shall apply.
Transfers during Senior year-Should a military student
				  transferring at the beginning or during his or her Senior year be ineligible to
				  graduate from the receiving local education agency after all alternatives have
				  been considered, the sending and receiving local education agencies shall
				  ensure the receipt of a diploma from the sending local education agency, if the
				  student meets the graduation requirements of the sending local education
				  agency. In the event that one of the states in question is not a member of this
				  compact, the member state shall use best efforts to facilitate the on-time
				  graduation of the student in accordance with Sections A and B of this
				  Article.
Pennsylvania Code › Title 22 - EDUCATION › Part XXI - Interstate Compacts › Chapter 721 - INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN › Article VIII - State Coordination

Current through Register Vol. 54, No. 28, July 13, 2024
Each member state shall, through the creation of a State
				  Council or use of an existing body or board, provide for the coordination among
				  its agencies of government, local education agencies and military installations
				  concerning the state's participation in, and compliance with, this compact and
				  Interstate Commission activities. While each member state may determine the
				  membership of its own State Council, its membership must include at least: the
				  state superintendent of education, superintendent of a school district with a
				  high concentration of military children, representative from a military
				  installation, one representative each from the legislative and executive
				  branches of government, and other offices and stakeholder groups the State
				  Council deems appropriate. A member state that does not have a school district
				  deemed to contain a high concentration of military children may appoint a
				  superintendent from another school district to represent local education
				  agencies on the State Council.
The State Council of each member state shall appoint or
				  designate a military family education liaison to assist military families and
				  the state in facilitating the implementation of this compact.
The compact commissioner responsible for the administration
				  and management of the state's participation in the compact shall be appointed
				  by the Governor or as otherwise determined by each member state.
The compact commissioner and the military family education
				  liaison designated herein shall be ex-officio members of the State Council,
				  unless either is already a full voting member of the State
				  Council.
Pennsylvania Code › Title 22 - EDUCATION › Part XXI - Interstate Compacts › Chapter 721 - INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN › Article XII - Rulemaking Functions of the Interstate Commission

Current through Register Vol. 54, No. 28, July 13, 2024
Rulemaking Authority-The Interstate Commission shall
				  promulgate reasonable rules in order to effectively and efficiently achieve the
				  purposes of this compact. Notwithstanding the foregoing, in the event the
				  Interstate Commission exercises its rulemaking authority in a manner that is
				  beyond the scope of the purposes of this Act, or the powers granted hereunder,
				  then such an action by the Interstate Commission shall be invalid and have no
				  force or effect.
Rulemaking Procedure-Rules shall be made pursuant to a
				  rulemaking process that substantially conforms to the "Model State
				  Administrative Procedure Act," of 1981 Act, Uniform Laws Annotated, Vol. 15,
				  p.1 (2000) as amended, as may be appropriate to the operations of the
				  Interstate Commission.
Not later than thirty (30) days after a rule is promulgated,
				  any person may file a petition for judicial review of the rule; provided, that
				  the filing of such a petition shall not stay or otherwise prevent the rule from
				  becoming effective unless the court finds that the petitioner has a substantial
				  likelihood of success. The court shall give deference to the actions of the
				  Interstate Commission consistent with applicable law and shall not find the
				  rule to be unlawful if the rule represents a reasonable exercise of the
				  Interstate Commission's authority.
If a majority of the legislatures of the compacting states
				  rejects a Rule by enactment of a statute or resolution in the same manner used
				  to adopt the compact, then such rule shall have no further force and effect in
				  any compacting state.
Pennsylvania Code › Title 22 - EDUCATION › Part XXI - Interstate Compacts › Chapter 721 - INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN › Article XIV - Financing of the Interstate Commission

Current through Register Vol. 54, No. 28, July 13, 2024
The Interstate Commission shall pay, or provide for the
				  payment of the reasonable expenses of its establishment, organization and
				  ongoing activities.
The Interstate Commission may levy on and collect an annual
				  assessment from each member state to cover the cost of the operations and
				  activities of the Interstate Commission and its staff which must be in a total
				  amount sufficient to cover the Interstate Commission's annual budget as
				  approved each year. The aggregate annual assessment amount shall be allocated
				  based upon a formula to be determined by the Interstate Commission, which shall
				  promulgate a rule binding upon all member states.
The Interstate Commission shall not incur obligations of any
				  kind prior to securing the funds adequate to meet the same; nor shall the
				  Interstate Commission pledge the credit of any of the member states, except by
				  and with the authority of the member state.
The Interstate Commission shall keep accurate accounts of all
				  receipts and disbursements. The receipts and disbursements of the Interstate
				  Commission shall be subject to the audit and accounting procedures established
				  under its bylaws. However, all receipts and disbursements of funds handled by
				  the Interstate Commission shall be audited yearly by a certified or licensed
				  public accountant and the report of the audit shall be included in and become
				  part of the annual report of the Interstate
				  Commission.
Pennsylvania Code › Title 22 - EDUCATION › Part XXI - Interstate Compacts › Chapter 721 - INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN › Article XV - Member States, Effective Date and Amendment

Current through Register Vol. 54, No. 28, July 13, 2024
Any state is eligible to become a member state.
The compact shall become effective and binding upon
				  legislative enactment of the compact into law by no less than ten (10) of the
				  states. The effective date shall be no earlier than December 1, 2007.
				  Thereafter it shall become effective and binding as to any other member state
				  upon enactment of the compact into law by that state. The governors of
				  non-member states or their designees shall be invited to participate in the
				  activities of the Interstate Commission on a non-voting basis prior to adoption
				  of the compact by all states.
The Interstate Commission may propose amendments to the
				  compact for enactment by the member states. No amendment shall become effective
				  and binding upon the Interstate Commission and the member states unless and
				  until it is enacted into law by unanimous consent of the member
				  states.
Pennsylvania Code › Title 22 - EDUCATION › Part XXI - Interstate Compacts › Chapter 721 - INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN › Article XVI - Withdrawal and Dissolution

Current through Register Vol. 54, No. 28, July 13, 2024
Withdrawal
1. Once
				effective, the compact shall continue in force and remain binding upon each and
				every member state; provided that a member state may withdraw from the compact
				by specifically repealing the statute, which enacted the compact into
				law.
2. Withdrawal from this
				compact shall be by the enactment of a statute repealing the same, but shall
				not take effect until one (1) year after the effective date of such statute and
				until written notice of the withdrawal has been given by the withdrawing state
				to the Governor of each other member state.
3. The withdrawing state shall immediately
				notify the chairperson of the Interstate Commission in writing upon the
				introduction of legislation repealing this compact in the withdrawing state.
				The Interstate Commission shall notify the other member states of the
				withdrawing state's intent to withdraw within sixty (60) days of its receipt
				thereof.
4. The withdrawing state is
				responsible for all assessments, obligations and liabilities incurred through
				the effective date of withdrawal, including obligations, the performance of
				which extend beyond the effective date of withdrawal.
5. Reinstatement following withdrawal of a
				member state shall occur upon the withdrawing state reenacting the compact or
				upon such later date as determined by the Interstate Commission.
Dissolution of Compact
1. This compact shall dissolve effective upon
				the date of the withdrawal or default of the member state which reduces the
				membership in the compact to one (1) member state.
2. Upon the dissolution of this compact, the
				compact becomes null and void and shall be of no further force or effect, and
				the business and affairs of the Interstate Commission shall be concluded and
				surplus funds shall be distributed in accordance with the
				bylaws.
Pennsylvania Code › Title 22 - EDUCATION › Part XXI - Interstate Compacts › Chapter 721 - INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN › Article XVII - Severability and Construction

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this compact shall be severable, and if any
				  phrase, clause, sentence or provision is deemed unenforceable, the remaining
				  provisions of the compact shall be enforceable.
The provisions of this compact shall be liberally construed
				  to effectuate its purposes.
Nothing in this compact shall be construed to prohibit the
				  applicability of other interstate compacts to which the states are
				  members.
Pennsylvania Code › Title 22 - EDUCATION › Part XXI - Interstate Compacts › Chapter 721 - INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN › Article XVIII - Binding Effect of Compact and Other Laws

Current through Register Vol. 54, No. 28, July 13, 2024
1. Nothing herein prevents the enforcement of
				any other law of a member state that is not inconsistent with this
				compact.
2. All member states' laws
				conflicting with this compact are superseded to the extent of the
				conflict.
Binding Effect of the Compact
1. All lawful actions of the Interstate
				Commission, including all rules and bylaws promulgated by the Interstate
				Commission, are binding upon the member states.
2. All agreements between the Interstate
				Commission and the member states are binding in accordance with their
				terms.
3. In the event any
				provision of this compact exceeds the constitutional limits imposed on the
				legislature of any member state, such provision shall be ineffective to the
				extent of the conflict with the constitutional provision in question in that
				member state.
Pennsylvania Code › Title 22 - EDUCATION › Part XXII - Early Warning system › Chapter 731 - EARLY WARNING SYSTEM-STATEMENT OF POLICY › Section 731.1 - Technical assistance

Current through Register Vol. 54, No. 28, July 13, 2024
The Department of Education will follow the process outlined
				  as follows in identifying, notifying and providing technical assistance to
				  school districts:
(1) Compile and
				maintain data and current information on the financial condition of school
				districts.
(2) Regularly analyze
				the financial condition of school districts.
(3) Identify school districts potentially
				subject to being identified as in financial watch status and therefore eligible
				to receive technical assistance from the Department.
(i) Level 1 Analysis-Early Warning System
				Components.
(ii) Level 2
				Analysis-School district-provided current financial data.
(iii) Level 3 Analysis-Determination of
				financial watch status.
Pennsylvania Code › Title 22 - EDUCATION › Part XXIII - Reciprocity for Distance Education › Chapter 741a - STATE AUTHORIZATION RECIPROCITY › DEFINITIONS › Section 741a.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
					 have the following meaning, unless the context clearly indicates
					 otherwise:
Calendar year
-January 1-December
					 31.
Department
-The Department of Education of
					 this Commonwealth.
Distance education
-
(i) Instruction offered by any means when the
				  student and faculty member are in separate physical locations so that
				  face-to-face communication is absent and communication is accomplished by one
				  or more technological media. It includes real-time or delayed interaction using
				  voice, video, data or text, or both, including instruction provided online, by
				  correspondence, or by interactive video.
(ii) Instruction provided by means of
				  synchronous video from an institution in this Commonwealth to additional campus
				  sites of the same institution in this Commonwealth is not considered distance
				  education.
(iii) Distance education
				  is instructor-led and is not independent study.
Portal agency
-The single entity
					 designated to serve as the interstate point of contact for SARA questions,
					 complaints and other communications.
Postsecondary institution
-An institution
					 legally authorized to award degrees at the associate level or above.
Regional compact
-A nonprofit organization
					 with member states dedicated to advancing education in a region. The four
					 regional compacts are the Midwestern Higher Education Compact, the New England
					 Board of Higher Education, the Southern Regional Education Board and the
					 Western Interstate Commission for Higher Education.
SARA-State Authorization Reciprocity
					 Agreement
-A voluntary agreement adopted by the regional compacts to
					 establish National standards for interstate delivery of postsecondary education
					 through distance education.
Tuition
-
(i) Moneys charged by the institution for
				  instruction.
(ii) The term does not
				  include moneys charged as fees, such as technology fees, student services fees
				  or activities fees if those fees are noted on the invoice and in publications
				  as fees that are separated from tuition.
Pennsylvania Code › Title 22 - EDUCATION › Part XXIII - Reciprocity for Distance Education › Chapter 741a - STATE AUTHORIZATION RECIPROCITY › SARA MEMBERSHIP › Section 741a.11 - State membership in a regional compact

Current through Register Vol. 54, No. 28, July 13, 2024
The Department, consistent with section 124(b) of the
					 Public School Code of 1949 (24 P.S. §
											1-124(b)), has affiliated
					 with the Southern Regional Education Board for the sole purpose of being able
					 to participate in SARA and facilitate interested postsecondary institutions in
					 this Commonwealth offering distance education to students in other SARA member
					 states.
Pennsylvania Code › Title 22 - EDUCATION › Part XXIII - Reciprocity for Distance Education › Chapter 741a - STATE AUTHORIZATION RECIPROCITY › SARA MEMBERSHIP › Section 741a.12 - State membership in SARA

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department will be the SARA portal
				  agency for the Commonwealth and will employ staff as necessary to provide the
				  services required to implement SARA.
(b) The Department's staffing and other costs
				  related to SARA membership and responsibilities will be covered by fees paid by
				  postsecondary institutions in accordance with §§
										741a.21 and
				  741a.22 (relating to fee for
				  postsecondary institutions in this Commonwealth to participate in SARA; and
				  fees nonrefundable).
Pennsylvania Code › Title 22 - EDUCATION › Part XXIII - Reciprocity for Distance Education › Chapter 741a - STATE AUTHORIZATION RECIPROCITY › SARA MEMBERSHIP › Section 741a.13 - Institutional participation in SARA

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Postsecondary institutions will apply
				  annually to the Department for authorization to participate in SARA in such
				  manner and on such forms as prescribed by the Department. If the fee submitted
				  with the application does not correspond to the distance education enrollment
				  data in the Federal Integrated Postsecondary Education Data System database for
				  the most recent reporting year, the institution will be required to provide
				  evidence to support the calculation of the fee amount.
(b) The required fees as set forth in §§
										741a.21 and
				  741a.22 (relating to fee for
				  postsecondary institutions in this Commonwealth to participate in SARA; and
				  fees nonrefundable) must accompany the application. The Department will not
				  process an application until the fees are received.
(c) The fees established by this chapter
				  cover the administrative costs of the Department and do not cover other fees
				  due to other organizations.
This section cited in 22 Pa. Code §
												741a.23 (relating to institutional
						renewal to participate in SARA).
Pennsylvania Code › Title 22 - EDUCATION › Part XXIII - Reciprocity for Distance Education › Chapter 741a - STATE AUTHORIZATION RECIPROCITY › FEES › Section 741a.21 - Fee for postsecondary institutions in this Commonwealth to participate in SARA

Current through Register Vol. 54, No. 28, July 13, 2024
Postsecondary institutions in this Commonwealth shall pay a
					 fee to the Department based on tuition revenue from distance education in the
					 most recently completed calendar year for the initial application fee and for
					 each annual renewal to the Department to participate in SARA.
Distance Tuition Revenue Fee
$0-9,999
$1,000
$10,000-$4,999,999
$2,000
$5,000,000-$19,999,999
$3,000
$20,000,000-$39,999,999
$5,000
$40,000,000 and over
$7,000
This section cited in 22 Pa. Code §
												741a.12 (relating to state
						membership in SARA); 22 Pa. Code §
												741a.13 (relating to institutional
						participation in SARA); and 22 Pa. Code §
												741a.24 (relating to effective
						date).
Pennsylvania Code › Title 22 - EDUCATION › Part XXIII - Reciprocity for Distance Education › Chapter 741a - STATE AUTHORIZATION RECIPROCITY › FEES › Section 741a.22 - Fees nonrefundable

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  The fee submitted with an application is not refundable if the registration or
				  participation is denied or if the postsecondary institution withdraws its
				  application.
(b) No portion of the
				  fee will be refunded upon suspension or revocation of participation or optional
				  termination of participation.
This section cited in 22 Pa. Code §
												741a.12 (relating to state
						membership in SARA); and 22 Pa. Code §
												741a.13 (relating to institutional
						participation in SARA).
Pennsylvania Code › Title 22 - EDUCATION › Part XXIII - Reciprocity for Distance Education › Chapter 741a - STATE AUTHORIZATION RECIPROCITY › FEES › Section 741a.23 - Institutional renewal to participate in SARA

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Approval for participation in SARA is
				  valid for 1 calendar year.
(b) An
				  application for renewal of participation is required annually in accordance
				  with §
										741a.13 (relating to institutional
				  participation in SARA).
Pennsylvania Code › Title 22 - EDUCATION › Part XXIII - Reciprocity for Distance Education › Chapter 741a - STATE AUTHORIZATION RECIPROCITY › FEES › Section 741a.24 - Effective date

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  fees established in §
										741a.21 (relating to fee for
				  postsecondary institutions in this Commonwealth to participate in SARA) will
				  become effective on January 1, 2023.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 1 - GENERAL PROVISIONS › Section 1.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this part,
						have the following meanings, unless the context clearly indicates
						otherwise:
Central office
-One of the offices or
						bureaus of the Department with responsibility for Statewide administration of a
						particular Department function.
Department
-The Department of
						Environmental Protection of this Commonwealth.
EHB
-The Environmental Hearing
						Board.
EPA
-The United States Environmental
						Protection Agency.
EQB
-The Environmental Quality
						Board.
Regional office
-One of the offices of
						the Department with responsibility for regional administration of various
						Department functions.
Secretary
-The Secretary of the
						Department.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 1 - GENERAL PROVISIONS › Section 1.3 - Department regional offices

Current through Register Vol. 54, No. 28, July 13, 2024
Department regional offices and the counties served by
						each office are as follows:
Office Address/Telephone
Counties Served
Southeast Regional Office (Conshohocken) Lee Park,
								Suite 6010 555 North Lane Conshohocken, Pennsylvania 19428 (215)
								832-6000
Bucks Chester Delaware
Montgomery Philadelphia
Northeast Regional Office (Wilkes-Barre) Two Public
								Square Wilkes-Barre, Pennsylvania 18711-0790 (717) 826-2511
Carbon
								Lackawanna Lehigh Luzerne Monroe Northampton
Pike Schuylkill
								Susquehanna Wayne Wyoming
Southcentral Regional Office (Harrisburg) One
								Ararat Boulevard Harrisburg, Pennsylvania 17110 (717) 657-4585
Adams
								Bedford Berks Blair Cumberland Dauphin Franklin Fulton
Huntingdon
								Juniata Lancaster Lebanon Mifflin Perry York
Northcentral Regional Office (Williamsport) 208
								West Third Street, Suite 101 Williamsport, Pennsylvania 17701 (717)
								327-3636
Bradford Cameron Clearfield Centre Clinton Columbia
								Lycoming
Montour Northumberland Potter Snyder Sullivan Tioga Union
Southwest Regional Office (Pittsburgh) 400
								Waterfront Drive Pittsburgh, Pennsylvania 15222-4745 (412)
								442-4000
Allegheny Armstrong Beaver Cambria Fayette
Greene
								Indiana Somerset Washington Westmoreland
Northwest Regional Office (Meadville) 230 Chestnut
								Street Meadville, Pennsylvania 16335-3481 (814) 332-6816
Butler Clarion
								Crawford Elk Erie Forest
Jefferson Lawrence McKean Mercer Venango
								Warren
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 1 - GENERAL PROVISIONS › Section 1.4 - Department district mining offices

Current through Register Vol. 54, No. 28, July 13, 2024
The addresses of all district mining offices of the
						Department are as follows:
(1)
					 Pottsville District Office
5 West Laurel Boulevard
Pottsville, Pennsylvania 17901-3695
(717) 621-3118
(2) Hawk Run District Office
Post Office Box 209
Hawk Run, Pennsylvania 16840-0209
(814) 342-0410
(3) Greensburg District Office
Armburst Building
R.D. 2, Box 603-C
Greensburg, Pennsylvania 15601-0982
(412) 925-8115
(4) Ebensburg District Office R.D. 3, Wilmore
					 Road
Post Office Box 625
Ebensburg, Pennsylvania 15931-0625
(814) 472-5071
(5) McMurray District Office
3913 Washington Road
McMurray, Pennsylvania 15317-2532
(412) 941-7100
(6) Knox District Office
White Memorial Building
Knox, Pennsylvania 16232-0669
(814) 797-1191
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 1 - GENERAL PROVISIONS › Section 1.5 - Procedures

Current through Register Vol. 54, No. 28, July 13, 2024
Except as otherwise provided in this title or as adopted
						by a Departmental Board or Commission, the following provisions of 1 Pa. Code
						Part II (relating to general rules of administrative practice and procedure),
						do not apply to proceedings before the Department:
(1) 1 Pa. Code §
											31.15 (relating to extensions of
					 time).
(2) 1 Pa. Code §
											33.15 (relating to number of
					 copies).
(3) 1 Pa. Code §
											33.31 (relating to service by the
					 agency).
(4) 1 Pa. Code Chapter 35
					 (relating to formal proceedings) except as set forth in Chapter 1021 (relating
					 to the Environmental Hearing Board).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 3 - STANDARDS FOR ADMINISTRATIVE RECORDS FOR HAZARDOUS WASTE SITES › DEFINITIONS › Section 3.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The definitions for this chapter have the same meaning
						  as those listed in section 103 of the Hazardous Sites Cleanup Act
						  (35
						  P. S. §
													6020.103), unless specifically
						  stated otherwise.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 3 - STANDARDS FOR ADMINISTRATIVE RECORDS FOR HAZARDOUS WASTE SITES › CONTENT AND LOCATION OF ADMINISTRATIVE RECORDS › Section 3.11 - Administrative record

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Whenever
						the Department compiles an administrative record for a particular response, it
						will do so in accordance with this chapter.
(b) An administrative record is intended to
						document the following:
(1) The site
						conditions which relate to the release or threatened release.
(2) An interim response initiated at the
						site.
(3) The basis for the
						selection of a response at the site.
(4) Public notice and participation in
						development of the administrative record.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 3 - STANDARDS FOR ADMINISTRATIVE RECORDS FOR HAZARDOUS WASTE SITES › CONTENT AND LOCATION OF ADMINISTRATIVE RECORDS › Section 3.12 - Content

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						administrative record for each response at a minimum, shall consist of the
						following:
(1) An administrative record
						docket listing the contents of the administrative record.
(2) A copy of the notice as required by
						§
													3.22 (relating to notice of prompt
						interim response) or a copy of the notice as required by §
													3.23 (relating to notice of
						proposed response).
(3) The
						information known and reasonably available to the Department, including, but
						not limited to, studies, inspection reports, sample results and permit files
						which relate to the release or threatened release, and to the selection, design
						and adequacy of the proposed response or the interim response initiated under
						section 505(b) of the Hazardous Sites Cleanup Act (35 P. S. §
														6020.505(b)).
(4) Copies of public comments received during
						the comment period as provided for in §
													3.24 (relating to public comment
						on the response).
(5) A transcript
						of the public hearing held in accordance with §
													3.25 (relating to public hearing
						on the response).
(6) The
						Department's response to significant comments, criticisms and new data received
						during the public comment period required by §
													3.27 (relating to Departmental
						response to significant comments).
(7) The Department's statement of decision
						providing notification of the response selected based on the content of the
						administrative record as required by §
													3.31 (relating to decision).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 3 - STANDARDS FOR ADMINISTRATIVE RECORDS FOR HAZARDOUS WASTE SITES › CONTENT AND LOCATION OF ADMINISTRATIVE RECORDS › Section 3.13 - Location of the administrative record

Current through Register Vol. 54, No. 28, July 13, 2024
The Department will maintain the administrative record
						  for a response in the regional office serving the area in which the site is
						  located. The administrative record shall be available for public inspection
						  during normal working hours. If the regional office is not located within
						  reasonable proximity to the site, the Department will make reasonable efforts
						  to locate a copy of the record near the site for the sake of public
						  convenience.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 3 - STANDARDS FOR ADMINISTRATIVE RECORDS FOR HAZARDOUS WASTE SITES › PUBLIC COMMENT ON RESPONSES › Section 3.21 - Interim response

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This
						section does not apply to emergency interim responses taken under section
						501(g) of the Hazardous Sites Cleanup Act (act) (35 P. S. §
													6020.501(g)).
(b) Under section 505(b) of the act
						(35
						P. S. §
													6020.505(b)),
						the Department may take an interim response before the development of the
						administrative record when there is a reasonable basis to believe that prompt
						action is required to protect the public health or safety or the environment.
(1) If the Department takes an interim
						response before development of the administrative record, it will provide
						notice of the action within 30 calendar days of initiating the interim
						response.
(2) The notice provided
						under this subsection will conform with §
													3.22 (relating to notice of prompt
						interim response).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 3 - STANDARDS FOR ADMINISTRATIVE RECORDS FOR HAZARDOUS WASTE SITES › PUBLIC COMMENT ON RESPONSES › Section 3.22 - Notice of prompt interim response

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						The Department will prepare a notice of prompt interim response for a site
						which will contain the following:
(1) A
						description and location of the site.
(2) A description of the known environmental
						hazards present at the site.
(3) A
						brief analysis of the interim response taken.
(4) A brief analysis of alternative responses
						considered.
(5) The location of,
						and periods of access to, the administrative record.
(6) A specific time and place for providing
						written comments on the interim response.
(7) The time and place at which a public
						hearing will be held to receive oral comments on the interim
						response.
(8) Additional actions to
						be taken prior to the close of the public comment period required by §
													3.24(a)(6)
						(relating to public comment on the response).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 3 - STANDARDS FOR ADMINISTRATIVE RECORDS FOR HAZARDOUS WASTE SITES › PUBLIC COMMENT ON RESPONSES › Section 3.23 - Notice of proposed response

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department will prepare a notice of
						proposed response for a particular site which will contain the following:
(1) A description and location of the
						site.
(2) A description of the
						known environmental hazards present at the site.
(3) A brief analysis of the response
						proposed.
(4) A brief analysis of
						alternative responses considered.
(5) The location of, and periods of access
						to, the administrative record.
(6)
						Notification of the public comment period, to include:
(i) The length of the comment period and the
						beginning date.
(ii) An address to
						forward written comments.
(7) Notification of the public hearing, to
						include:
(i) The time and date of the
						hearing.
(ii) The location of the
						hearing.
(iii) The requirements for
						participation in the public hearing.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 3 - STANDARDS FOR ADMINISTRATIVE RECORDS FOR HAZARDOUS WASTE SITES › PUBLIC COMMENT ON RESPONSES › Section 3.24 - Public comment on the response

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						Department will establish a period for receipt of public comment for each
						response for which the Department develops an administrative record.
(b) The comment period will commence on the
						date of publication of the notice of response in the
Pennsylvania
						Bulletin
.
(c) The comment
						period will extend for at least 90 calendar days. Comment periods expiring on a
						weekend or State holiday will be extended to the first business day
						thereafter.
(d) During the public
						comment period, the Department will provide public access to the administrative
						record, as described in §
												3.12(a)(1)-(6)
						(relating to content).
(e) Once the
						period for public comment is closed, no oral or written comments will be
						accepted by the Department for inclusion in the administrative record, except
						as provided in §§
												3.32 and
						3.33 (relating to closing the
						record; and reopening the record). The Department may extend the period for
						public comment after giving reasonable notice in the manner provided in §
												3.22 or §
												3.23 (relating to notice of prompt
						interim response; and notice of proposed response).
This section cited in 25 Pa. Code §
														3.12 (relating to content); 25 Pa.
							 Code §
														3.22 (relating to notice of prompt
							 interim response); and 25 Pa. Code §
														3.25 (relating to public hearing
							 on the response).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 3 - STANDARDS FOR ADMINISTRATIVE RECORDS FOR HAZARDOUS WASTE SITES › PUBLIC COMMENT ON RESPONSES › Section 3.25 - Public hearing on the response

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In
						addition to the public comment period required by §
												3.24 (relating to public comment
						on the response), a public hearing will be conducted by the Department for each
						response.
(b) In conducting public
						hearings under this chapter, the Department will conform to the following
						procedures:
(1) At least one public hearing
						will be held for each response.
(2)
						The public hearing will be held at a location near the site.
(3) A transcript of the proceedings will be
						maintained.
(4) The public hearing
						will be held no less than 30 calendar days, nor more than 60 days, from the
						beginning of the public comment period.
(5) The public hearing will be conducted in
						compliance with the following:
(i) A
						chairperson will conduct the meeting in accordance with generally accepted
						rules of protocol and procedure or special rules established by the Department
						and provided in the notice, as provided in §
														3.22 or §
														3.23 (relating to notice of prompt
						interim response; and notice of proposed response).
(ii) Persons wishing to comment shall
						register with the chairperson prior to the beginning of the hearing.
(iii) Associations, groups, lobbyists or
						persons with a recognized common interest shall appoint a single spokesperson
						for the hearing.
(iv) The
						chairperson will have the authority to limit the time for each speaker at the
						outset of the hearing.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 3 - STANDARDS FOR ADMINISTRATIVE RECORDS FOR HAZARDOUS WASTE SITES › PUBLIC COMMENT ON RESPONSES › Section 3.26 - Submission and acknowledgment of public comments

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Submission of public
						comment
.
(1) A person may submit
						written comments regarding the Department's response during the period for
						public comment.
(2) A written
						comment shall be deemed to have been submitted if it is postmarked or received
						by the Department on or before the last day of the public comment
						period.
(3) Written comments may
						not be limited in scope and may include studies, analyses, Department records
						or other documents deemed relevant by the person submitting the written
						comment.
(4) A person submitting a
						written comment which contains confidential business information under section
						503(h) of the Hazardous Sites Cleanup Act (35 P. S. §
														6020.503(h)) may request
						that the Department maintain the comment as confidential. The person shall
						provide a written summary of the comment to the Department for approval which
						shall disclose the general nature of the confidential information and its
						relevance to the response for the site. Upon approval of the request for
						confidentiality and approval of the content of the summary, the Department will
						designate the comment as confidential and will enter only the written summary
						into the administrative record.