reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 607a - PRACTICE AND PROCEEDINGS BEFORE THE OFFICE OF ADMINISTRATION › Subchapter B - HEARINGS UNDER SECTION 2202(A)(10) OF THE ACT › Section 607a.19 - Post-hearing brief

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Generally.
At the close of the proceedings, or as directed by
					 the presiding officer, each party will be given the opportunity to file a legal
					 brief in support of their position.
(b)
Briefing schedule.
The
					 presiding officer will set forth a briefing schedule and the order in which the
					 briefs shall be filed. The briefs shall be filed with the Docket
					 Clerk.
(c)
Content of
					 brief.
A post-hearing brief does not need to conform to a specific
					 format but must include:
(1) A statement of
					 the facts supporting the party's position, with citation to the relevant
					 exhibits and pages of the transcript.
(2) A discussion of the arguments supporting
					 the party's position, including citation to relevant statutes, regulations and
					 case law.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 607a - PRACTICE AND PROCEEDINGS BEFORE THE OFFICE OF ADMINISTRATION › Subchapter B - HEARINGS UNDER SECTION 2202(A)(10) OF THE ACT › Section 607a.20 - Proposed decision and order

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Generally.
Upon the closing of the record, the presiding
					 officer shall issue a proposed decision and order, based on the established
					 record, which will be provided to the parties and filed with the Docket
					 Clerk.
(b)
Content.
The proposed decision and order shall contain a
					 statement of (1) findings and conclusions, as well as the reasons or basis
					 therefor, resolving all the material issues of credibility, fact and law
					 presented on the record, and (2) an appropriate order, sanction, relief or
					 denial.
(c)
Finality.
A proposed decision and order shall be deemed a
					 final order of the Office of Administration upon the expiration of 20-calendar
					 days from the date of issuance, unless exceptions are timely and properly filed
					 in accordance with §
											607a.21 (relating to
					 exceptions).
(d)
Supersession.
Subsections (a)-(c) supersede 1 Pa. Code §
											§
											31.13 (relating to issuance of
					 agency orders), 35.201-35.207 (relating to proposed reports generally) and
					 35.226 (relating to final orders).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 607a - PRACTICE AND PROCEEDINGS BEFORE THE OFFICE OF ADMINISTRATION › Subchapter B - HEARINGS UNDER SECTION 2202(A)(10) OF THE ACT › Section 607a.21 - Exceptions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Generally.
A party aggrieved by the proposed decision and
					 order may, within 20 days after the issuance of the proposed decision and
					 order, appeal to the Secretary of Administration, by filing with the Docket
					 Clerk exceptions to the proposed decision and order, or part of it, in the form
					 of a brief on exceptions.
(b)
Content.
(1) A brief on
					 exceptions shall, at a minimum:
(i) State the
					 specific issues of procedure, fact or law, or other portion of the proposed
					 decision and order to which each exception is taken.
(ii) Identify the page or part of the
					 proposed decision and order to which each exception is taken.
(iii) Designate by page citation or exhibit
					 number the portions of the record relied upon for each exception.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 607a - PRACTICE AND PROCEEDINGS BEFORE THE OFFICE OF ADMINISTRATION › Subchapter B - HEARINGS UNDER SECTION 2202(A)(10) OF THE ACT › Section 607a.22 - Brief opposing exceptions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Generally.
In response to a brief on exceptions, a party may
					 file with the Docket Clerk a brief opposing exceptions within 20 days of date
					 of service of the brief on exceptions.
(b)
Content.
A brief
					 opposing exceptions shall generally follow the same format prescribed in §
											607a.21(b)
					 (relating to exceptions) for a brief on exceptions.
(c)
Service.
On the date of
					 filing, a party shall simultaneously serve a copy of the brief opposing
					 exceptions on the opposing party by first class mail, unless the parties
					 mutually agree to accept service by electronic mail. A party shall include with
					 their brief opposing exceptions a certificate of service indicating proper
					 service on the opposing party.
(1) When a
					 brief opposing exceptions is served by first class mail, the date of mailing
					 shall be deemed the date of service and shall be determined in the manner set
					 forth in §
												607a.5(b)
					 (relating to filings with Docket Clerk).
(2) When a brief opposing exceptions is
					 served by electronic mail, the date of receipt recorded by the opposing party's
					 electronic mail system shall be deemed the date of service. A party filing a
					 document by electronic mail is responsible for any delay, disruption,
					 interruption of electronic signals, and readability of the document and accepts
					 the risk that the document may not be properly or timely filed.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 607a - PRACTICE AND PROCEEDINGS BEFORE THE OFFICE OF ADMINISTRATION › Subchapter B - HEARINGS UNDER SECTION 2202(A)(10) OF THE ACT › Section 607a.23 - Further response or pleading

Current through Register Vol. 54, No. 28, July 13, 2024
After the filing of a brief opposing exceptions, or the
						expiration of the time period for filing a brief opposing exceptions, whichever
						occurs first, no further response or pleading by any party will be entertained
						unless the Secretary of Administration, or their designee, with or without
						motion, so orders.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 607a - PRACTICE AND PROCEEDINGS BEFORE THE OFFICE OF ADMINISTRATION › Subchapter B - HEARINGS UNDER SECTION 2202(A)(10) OF THE ACT › Section 607a.24 - Final decision and order

Current through Register Vol. 54, No. 28, July 13, 2024
(a) After
					 reviewing the record, including any briefs on exceptions and briefs opposing
					 exceptions, the Secretary of Administration, or their designee, shall issue a
					 final decision and order, which will be provided to the parties and filed with
					 the Docket Clerk. The Secretary of Administration, or their designee, may
					 affirm, modify, or reverse the findings of credibility and fact, the
					 conclusions of law, and the decision of the presiding officer as the secretary
					 deems appropriate on the basis of all of the record evidence.
(b) Subsection (a) supersedes 1 Pa. Code
					 §
											35.226(a)
					 (relating to final orders).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 607a - PRACTICE AND PROCEEDINGS BEFORE THE OFFICE OF ADMINISTRATION › Subchapter C - LIST CANCELLATION HEARINGS › Section 607a.25 - Generally

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Under
					 71 Pa.C.S. §
												2307(d) (relating to
					 duration of eligible lists), the Office of Administration will hold a hearing
					 before cancelling the whole or a part of an eligible list due to illegality or
					 fraud in connection with the eligible list. The hearings shall be referred to
					 as "list cancellation hearings."
(b) Subsection (a) supersedes 1 Pa. Code
					 §
											35.121 (relating to initiation of
					 hearings).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 607a - PRACTICE AND PROCEEDINGS BEFORE THE OFFICE OF ADMINISTRATION › Subchapter C - LIST CANCELLATION HEARINGS › Section 607a.26 - Notice of list of cancellation hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Office of Administration shall
					 provide advance notice of a list cancellation hearing to those eligibles whose
					 names appear on the relevant list. The notice will contain a statement of the
					 matters to be addressed at the hearing, as well as specific instructions
					 regarding the date, time and place of hearing. Additionally, the notice will
					 provide instructions on how an eligible can submit to the Office of
					 Administration written objections concerning the list cancellation.
(b) Subsection (a) supersedes 1 Pa. Code
					 §
											35.121 (relating to initiation of
					 hearings).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 607a - PRACTICE AND PROCEEDINGS BEFORE THE OFFICE OF ADMINISTRATION › Subchapter C - LIST CANCELLATION HEARINGS › Section 607a.27 - Format of hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) At the
					 onset of a list cancellation hearing, the presiding officer shall make a
					 statement describing the circumstances necessitating the cancellation of the
					 list, including the findings and conclusions of any investigation undertaken by
					 the Office of Administration. Thereafter, each eligible whose name appears on
					 the relevant list and objected, in writing, to the cancellation will be given
					 an opportunity to state their objections, under oath or affirmation, on the
					 record. After all objections are heard, the presiding officer shall adjourn the
					 hearing, and the record shall be considered closed.
(b) Subsection (a) supersedes 1 Pa. Code
					 §
											35.123 (relating to conduct of
					 hearings).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 607a - PRACTICE AND PROCEEDINGS BEFORE THE OFFICE OF ADMINISTRATION › Subchapter C - LIST CANCELLATION HEARINGS › Section 607a.28 - Record of proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 complete record of the proceedings shall be made. Individuals may arrange to
					 purchase copies of the record directly with the reporting service. The Office
					 of Administration's copy of the record may be reviewed at the Office of
					 Administration's office in Harrisburg. Arrangements to review the record may be
					 made by contacting the Docket Clerk.
(b) Subsection (a) supersedes 1 Pa. Code
					 §
											§
											35.131 and
					 35.133(a) and (b)
					 (relating to recording of proceedings; and copies of transcripts).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 607a - PRACTICE AND PROCEEDINGS BEFORE THE OFFICE OF ADMINISTRATION › Subchapter C - LIST CANCELLATION HEARINGS › Section 607a.29 - Notice of list cancellation

Current through Register Vol. 54, No. 28, July 13, 2024
If, after holding a list cancellation hearing, the Office
						of Administration determines that cancellation of the whole or a part of an
						eligible list is warranted due to illegality or fraud in connection with the
						eligible list, the Office of Administration shall provide notice of the
						cancellation of the list to those eligibles whose names appeared on the
						relevant list.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XVI - LEGISLATIVELY ORDERED MATERIAL › Subpart A - DEPARTMENT OF STATE › Chapter 801 - LEGISLATIVELY ORDERED MATERIAL RELATING TO PROPOSED CONSTITUTIONAL AMENDMENTS › Appendix C - Form Affidavit for Newspaper for Missed Publication

Current through Register Vol. 54, No. 28, July 13, 2024
AFFIDAVIT
I,
(name), hereby swear or affirm that:
1. I am employed by the Muncy Luminary (Luminary) as
(title). As part of my duties, I am responsible and oversee
					 the placement of advertisements, including the advertisements of proposed
					 constitutional amendments submitted by Red House Communications (Red House) and
					 its subcontractor, Mid-Atlantic Newspaper Services, Inc. (MANSI), on behalf of
					 the Pennsylvania Department of State (Department).
2. Red House and/or MANSI provided the final advertising
					 materials (ad copy) for Joint Resolution 2018-1 (relating to the rights of
					 victims of crime) to the Luminary on (date).
3. Red House and/or MANSI informed Luminary personnel of
					 the importance of publishing proposed constitutional amendments according to
					 the schedule required in the state constitution, and stated that for the 2018
					 advertisements, the advertisements had to be published on or before August 6,
					 2018.
4. The advertisement was scheduled to run in the Luminary's
					 edition of August 1, 2018. The ad copy was provided to the Luminary with ample
					 time to prepare for publicationon that date, but because of
(insert reasons here), it did not run in that
					 edition.
5. The advertisement is currently set to be published in
					 the next edition of the Luminary. Because the Luminary is a weekly publication,
					 the next possible date for publication is August 8, 2018.
I further swear or affirm that this statement is true and
					 correct to the best of my knowledge, information, and belief.
Date
(NAME)
(JOB TITLE)
Muncy Luminary
Commonwealth of Pennsylvania
County of
Signed and sworn to (or affirmed) before me on
(date) by
(name of Red House employee).
Signature of notarial officer
(stamp)
Title of office
My commission expires
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XVI - LEGISLATIVELY ORDERED MATERIAL › Subpart A - DEPARTMENT OF STATE › Chapter 801 - LEGISLATIVELY ORDERED MATERIAL RELATING TO PROPOSED CONSTITUTIONAL AMENDMENTS › Appendix D - Form Affidavit for Advertising Vendor for Missed Publication

Current through Register Vol. 54, No. 28, July 13, 2024
AFFIDAVIT
I,
(name), hereby swear or affirm that:
1. I am employed by Red House Communications (Red House)
					 as
(title). As part of my duties, I am responsible for and
					 oversee the work of Red House pursuant to its contract with the Pennsylvania
					 Department of State (Department) for the publication of proposed constitutional
					 amendments.
2. Under the contract, Red House is required to initiate,
					 coordinate, and monitor the publication of proposed constitutional amendments.
					 In this work, Red House collaborates with its subcontractor, Mid-Atlantic
					 Newspaper Services, Inc. (MANSI).
3. Red House has held the contract for the publication of
					 proposed constitutional amendments since (date).
4. Red House was informed by Department personnel of the
					 passage of Joint Resolution 2018-1 (relating to the rights of victims of crime)
					 on
(date). Department personnel provided Red House with the
					 final text of the advertisement on
(date). Department personnel approved the draft
					 advertisements on
(date).
5. Red House and MANSI arranged for the publication of the
					 proposed constitutional amendment in a variety of newspapers, and submitted the
					 required advertising material to them on
(date). Red House and MANSI instructed each newspaper that
					 the first publication was required three months preceding the General Election
					 of November 7, 2018, meaning that it could be published, at the latest, August
					 6, 2018.
6. The Department submitted and approved the advertising
					 materials to Red House with ample time to convey them to the newspapers
					 selected for publication.
7. Despite the timely submission and approval of the
					 advertisements by the Department, the Muncy Luminary, a weekly newspaper
					 published in Lycoming County, did not publish the advertisement in its edition
					 of August 1, 2018.
8. The Muncy Luminary plans to publish the advertisement in
					 its edition of August 8, 2018.
I further swear or affirm that this statement is true and
					 correct to the best of my knowledge, information, and belief.
Date
(NAME)
(JOB TITLE)
Red House Communications
Commonwealth of Pennsylvania
County of
Signed and sworn to (or affirmed) before me on
(date) by
(name of Red House employee).
Signature of notarial officer
(stamp)
Title of office
My commission expires
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 3 - FAIR HEARINGS AND APPEALS › Section 3.1 - Purpose, scope and authority

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This
				chapter sets forth a system of appeals and fair hearings which apply to
				grievances or complaints about services and activities funded by the
				Department.
(b) Provisions in this
				chapter include the following subjects:
(1)
				Parties who may request a fair hearing.
(2) Types of decisions or actions which are
				appealable.
(3) Procedures for
				filing complaints, appeals or requests for hearings.
(4) Procedures that area agencies on aging
				and the Department will follow for appeals and fair
				hearings.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 3 - FAIR HEARINGS AND APPEALS › Section 3.2 - 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, unless the context clearly indicates
				  otherwise:
Adverse action
-An action or a decision not
				  to act which directly affects an individual or organization who may disagree
				  with the action and may wish to appeal it. Examples of adverse actions include
				  all of the following:
(i) A decision
				by the Department to disapprove an area plan.
(ii) A decision by the Department to deny an
				eligible applicant's request for designation as a planning and service
				area.
(iii) A decision by an area
				agency on aging not to award a contract to a service provider who has applied
				to provide a service under an area plan.
(iv) A decision by an area agency on aging to
				deny, reduce or terminate services under an area plan to an individual
				applicant.
Applicant
-In proceedings involving
				  applications for permission or authorization which the Department, an area
				  agency on aging, or a service provider may give under statutory or other
				  authority delegated to it, the parties who make the applications or on whose
				  behalf the applications are made. The term includes any recipient of, or
				  applicant for, services available under an area plan.
Area agency on aging
-The single local agency
				  designated within each planning and service area by the Department to develop
				  and administer the delivery of a comprehensive and coordinated plan of social
				  and other services and activities for older persons.
Area plan
-The plan submitted to the
				  Department by an area agency on aging describing the methods by which it will
				  ensure a coordinated and comprehensive system of social and other services and
				  activities for older persons in the planning and service area.
Department
-The Department of Aging.
Hearing
-A proceeding as defined under 1 Pa.
				  Code §
									31.3 (relating to
				  definitions).
Planning and service area
-The geographic
				  unit within this Commonwealth, as designated by the Secretary, for the
				  allocation of funds for the delivery of social services to older persons
				  residing in that unit.
Secretary
-The Secretary of the
				  Department.
Service provider
-An entity which provides,
				  or intends to provide, services under an agreement with an area agency on
				  aging.
This section cited in 6 Pa. Code §
											3.5 (relating to informal
					 complaints); and 6 Pa. Code §
											3.6 (relating to request for a
					 formal hearing).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 3 - FAIR HEARINGS AND APPEALS › Section 3.3 - Opportunities for appeals and fair hearings

Current through Register Vol. 54, No. 28, July 13, 2024
The Department provides the opportunity for a fair hearing to
				  all of the following:
(1) Any Area
				Agency on Aging when the Department proposes to:
(i) Disapprove the area plan or plan
				amendment submitted by the Area Agency on Aging; or
(ii) Withdraw the agency's designation as an
				Area Agency on Aging.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 3 - FAIR HEARINGS AND APPEALS › Section 3.4 - Notice of adverse action

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				Department, Area Agencies on Aging, and service providers under area plans will
				provide written notice of any adverse action they have decided to take to the
				agency or person who will be directly affected by the decision.
(b) The notice of adverse action will be
				given in a timely manner and in no event will the notice be given more than 30
				days after the decision has been made.
(c) The notice will include the reasons for
				the agency action and the evidence upon which the action is based.
(d) The notice will advise the party affected
				by the decision of all the following:
(1) The
				decision may be appealed in accordance with the procedures set forth in this
				chapter.
(2) If an appeal is to be
				made it must be filed within 30 days following the receipt of the notice of
				adverse action.
(3) In the case of
				an appeal by an applicant for, or recipient of, services under an area plan,
				the Area Agency on Aging will, if requested, provide assistance in filing the
				appeal.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 3 - FAIR HEARINGS AND APPEALS › Section 3.5 - Informal complaints

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General requirement
. Prior to arranging for any formal
				hearings on complaints or appeals, the Department will require all parties
				appealing under §
									3.3 (relating to opportunities for
				appeals and fair hearings) to proceed through the informal complaint process
				provided for in this section.
(b)
Submission, form and content of informal complaints
.
(1) All informal complaints shall be filed in
				writing within 30 days following the receipt of the notice of adverse
				action.
(2) Parties appealing under
				§
										3.3(3) and (4)
				shall send their informal complaints to the director of the local Area Agency
				on Aging.
(3) Parties appealing
				under §
										3.3(1) and (2)
				shall send their informal complaints to the Department's Bureau of Program and
				Field Operations.
(4) The complaint
				shall contain all of the following information:
(i) Name and address of the
				complainant.
(ii) Party against
				whom the complaint is made.
(iii) A
				copy of the notice of adverse action.
(iv) A statement of all relevant facts and
				the grounds upon which the complaint is based.
(v) A statement of all issues
				presented.
(vi) The relief or
				solution requested by the complainant.
(vii) While not required, the complaint may
				be accompanied by supporting papers.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 3 - FAIR HEARINGS AND APPEALS › Section 3.6 - Request for a formal hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Eligibility
. A request for a formal hearing may be made by any
				of the parties indicated in §
									3.3 (relating to opportunities for
				appeals and fair hearings).
(b)
Time of filing
. If either party to an adverse action wishes to
				have a formal hearing after completing the informal complaints process, that
				party shall file with the Secretary within 30 days following the receipt of the
				recommended resolution a request for a formal hearing.
(c)
Form and content
. A
				request for a formal hearing shall be in writing and contain all of the
				following information:
(1) Name, address, and
				telephone number of the complainant.
(2) Name, address, and telephone number of
				the respondent.
(3) A copy of the
				notice of adverse action.
(4) A
				concise statement of the complaint.
(5) A statement of all relevant facts and the
				grounds upon which the complaint is based.
(6) The relief being sought.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 3 - FAIR HEARINGS AND APPEALS › Section 3.7 - Appointment of a hearing examiner

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				Upon receipt of a request for a formal hearing, the Secretary will appoint a
				hearing examiner to preside over the hearing.
(b) It shall be the responsibility of the
				appointed hearing examiner to schedule the hearing and conduct it in accordance
				with this chapter and 1 Pa. Code Part II (relating to general rules of
				administrative practice and procedure).
(c) This section supplements 1 Pa. Code
				Chapter 35, Subchapter E (relating to presiding officers).
This section cited in 6 Pa. Code §
											11.292 (relating to written request
					 for appeal).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 3 - FAIR HEARINGS AND APPEALS › Section 3.8 - Scheduling formal hearings

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General provisions
.
(1) The
				hearing examiner shall notify the complainant and respondent of the date, time
				and location of the hearing at least 10 days prior to the selected
				date.
(2) The prehearing conference
				may be held at the discretion of the hearing examiner.
(3) The hearing examiner shall complete the
				hearing within 45 days of his receipt of the assignment at the time of his
				appointment by the Secretary.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 3 - FAIR HEARINGS AND APPEALS › Section 3.9 - Purpose of formal hearings

Current through Register Vol. 54, No. 28, July 13, 2024
The purpose of a hearing is to:
(1) Give both complainant and respondent an
				opportunity to appear in person and present testimony, witnesses and
				documentary evidence relevant to the issue in question.
(2) Give both complainant and respondent an
				opportunity to cross examine the opposing party's witnesses.
(3) Assure that documents and records
				presented or referred to during the course of the hearing are made part of the
				hearing transcript.
(4) Give the
				complainant an opportunity to review a pertinent evidence on which the adverse
				action was based. This may be done at the pre-hearing conference, if one is
				held.
This section cited in 6 Pa. Code §
											11.292 (relating to written request
					 for appeal).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 3 - FAIR HEARINGS AND APPEALS › Section 3.10 - Hearing authority

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				hearing authority is the Secretary.
(b) The Secretary will delegate to the
				hearing examiner the authority necessary to conduct the hearing proceedings and
				to:
(1) Determine the facts.
(2) Determine the appropriate regulations
				that apply.
(3) Interpret a
				regulation when the regulation is ambiguous.
(4) Interpret a directive of the Department
				when the directive is ambiguous.
(5) Apply the facts to the law to determine
				the correct result.
(6) Recommend
				that the Secretary adopt the result.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 3 - FAIR HEARINGS AND APPEALS › Section 3.11 - Decision of the Secretary

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				recommendation of the hearing examiner shall be reviewed by the Secretary or
				his designee.
(b) After a
				recommendation has been proposed by the hearing examiner, the parties will not
				be afforded an opportunity to submit oral or written statements of their
				position to the Secretary or his designees.
(c) Findings of fact made by the hearing
				examiner are subject to review and reversal by the Secretary. The Secretary or
				his designee may return the case to the hearing examiner for further findings
				of fact.
(d) The Secretary or his
				designee will issue an opinion and order following the conclusion of the
				hearing.
This section cited in 6 Pa. Code §
											11.292 (relating to written request
					 for appeal).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 3 - FAIR HEARINGS AND APPEALS › Section 3.12 - Appellate rights

Current through Register Vol. 54, No. 28, July 13, 2024
An eligible applicant for designation as a planning and
				  service area whose application is denied by the Secretary may appeal the denial
				  to the United States Commissioner on Aging as provided for under section
				  305(b)(4) of the Older Americans Act of 1965 (42 U.S.C.A. §
										3025(b)(4)) and
				  45 CFR
				  1321 (relating to grants to state and
				  community programs on aging).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 5 - AGE PREFERENCE › Section 5.1 - Purpose and authority

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This
				chapter sets forth procedures to be followed by the Department and area
				agencies on aging regarding the preference to be afforded persons 60 years of
				age or older in recruitment, selection and training for positions in the
				Department and area agencies on aging.
(b) This chapter is adopted under the act and
				section 14 of the act of June 20, 1978 (P. L. 477, No. 70) and in conformity
				with the Older Americans Act of 1965 (42 U.S.C.A. §§
										3001-3057g) and 45 CFR Part 1321
				(relating to grants for state and community programs on aging) in order to
				assure the continued eligibility of the Commonwealth and its political
				subdivisions for Federal grants-in-aid.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 5 - AGE PREFERENCE › Section 5.2 - 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, unless the context indicates otherwise:
Act
-Section 6 of the act of June 20, 1978
				  (P. L. 477, No. 70) (71 P. S. §§
										581-1-581-12) which created the Department
				  and set forth its duties and responsibilities.
Appointing authority
-The Department and area
				  agencies on aging, both public and private, and in their activities to select
				  personnel to fill positions whether covered by civil service provisions or
				  not.
(i) For the Department the
				appointing authority is the Secretary or designee.
(ii) For public area agencies on aging, the
				appointing authority is the chief elected officials of the county or
				designees.
(iii) For private
				nonprofit area agencies on aging, the appointing authority is the board of
				directors or its equivalent or designee.
Area agency on aging
-The single local agency
				  designated within each planning and service area to administer the delivery of
				  a comprehensive and coordinated plan of social and other services and
				  activities.
Department
-The Department of Aging of the
				  Commonwealth.
Personnel selection
-The acquisition of
				  full-time or part-time staff. The term includes appointment, promotion,
				  transfer, reinstatement, demotion, reassignment or other method of placing a
				  person in a compensable status.
Rule of three
-Selection of an eligible
				  person for appointment or promotion from among the three highest ranking
				  available eligibles on a Certification of Eligibles following
Certification of Eligibles for the Classified
				  Service
Manual published by the State Civil Service Commission,
				  Directive # M580.1, Amended, October 7, 1980.
Secretary
-The Secretary of
				  Aging.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 5 - AGE PREFERENCE › Section 5.3 - General preference requirement

Current through Register Vol. 54, No. 28, July 13, 2024
In the selection of personnel to fill vacant positions in the
				  Department and area agencies on aging, preference, subject to this chapter,
				  shall be given to available qualified persons 60 years of age or
				  older.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 5 - AGE PREFERENCE › Section 5.4 - Preference in filling civil service positions

Current through Register Vol. 54, No. 28, July 13, 2024
With reference to positions subject to Articles V-VII of the
				  Civil Service Act (71 P. S. §§
										741.501-741.708) and
				  51 Pa.C.S. §§
										7101-7109 (relating to veteran's preference),
				  the following apply:
(1) Available
				qualified persons 60 years of age or older are identified on Certifications of
				Eligibles issued by the State Civil Service Commission for use by appointing
				authorities.
(2) In order to
				receive preference, a person identified as being age 60 or older shall be
				placed among the three highest ranking, available eligibles in accordance with
				the rule of three.
(3) The
				preference to be granted to persons 60 years of age or older shall be
				equivalent to the preference granted to veterans of any age, with the exception
				that, in the case of age preference, the rule of three may not be eliminated at
				the discretion of the appointing authority as it may be for veterans. The Civil
				Service Commission has provided the following example to illustrate this
				equivalent preference:
Candidate
Age
Status
A
60 or over
NonVet
B
60 or over
Vet
C
under 60
Vet
In this example, candidates A, B and C are the top three
				  eligibles available for appointment to a position with either the Department or
				  an area agency on aging. Three candidates would be eligible for a preference of
				  equal weight; the appointing authority would give equal consideration to all
				  three individuals and could validly appoint any of the three; no additional
				  preference would be available to individuals eligible for both types of
				  preferences; no individual, either less than 60 or nonveteran would have a
				  preference; the age preference would be nontransferable.
This section cited in 6 Pa. Code §
											5.11 (relating to relevance of
					 affirmative action plans to civil service
					 positions).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 5 - AGE PREFERENCE › Section 5.5 - Preference in filling positions not covered by civil service

Current through Register Vol. 54, No. 28, July 13, 2024
With reference to positions not subject to Articles V-VII of
				  the Civil Service Act (71 P. S. §§
										741.501-741.708), the following apply:
(1) Available qualified persons shall be
				those persons who:
(i) Have expressed their
				candidacy in writing.
(ii) Have met
				the minimum job requirements in accordance with the appointing authority's
				public advertisement of the position vacancy.
(iii) Remain as finalists after the
				appointing authority has completed its formal candidate screening
				process.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 5 - AGE PREFERENCE › Section 5.6 - Precedence over collective bargaining agreements

Current through Register Vol. 54, No. 28, July 13, 2024
Under section 703 of the Public Employe Relations Act
				  (43
				  P. S. §
										1101.703) this chapter takes
				  precedence over provisions of collective bargaining agreements or memoranda of
				  understanding.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 5 - AGE PREFERENCE › Section 5.7 - Recruitment of persons 60 years of age or older

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department and area agencies on
				aging, in cooperation with the Civil Service Commission and other State and
				Federal agencies and community groups, shall insure that effective recruitment
				programs are developed and implemented which will attract persons 60 years of
				age or older to service with the Department and area agencies on aging. Where
				appropriate and feasible, the recruitment efforts shall provide opportunities
				for persons 60 years of age or older to receive coaching or special preparation
				for the taking of civil service examinations.
(b) Department positions which become vacant
				will be advertised throughout the Commonwealth's Aging Network.
(c) Area agency on aging positions which
				become vacant shall be advertised throughout the planning and service area in
				publications and locations widely accessible to older persons-for example,
				senior citizen newsletters, senior centers and church and civic
				groups.
(d) Advertisements of
				position vacancies shall include the following information:
(1) Job title and number of vacancies, if
				multiple.
(2) Location of the
				vacancy.
(3) Brief description of
				the job.
(4) Job
				requirements.
(5) Special
				requirements or conditions (shift work, travel, required licensure).
(6) Starting salary.
(7) Contact person.
(8) Final date for receiving
				applications.
(9) Identification as
				an "Equal Opportunity Employer."
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 5 - AGE PREFERENCE › Section 5.8 - Examination for persons 60 years of age or older

Current through Register Vol. 54, No. 28, July 13, 2024
Under the Civil Service Act (71 P. S. §§
										741.1-741.1005) the Civil Service Commission
				  will administer civil service examinations for the Department and participating
				  area agencies on aging. The Department will work with the Civil Service
				  Commission in order to assure that qualified applicants 60 years of age or
				  older are tested in quarters which provide a suitable and convenient
				  environment; that testing conditions will allow persons 60 years of age or
				  older to perform to the best of their ability; and that an applicant's final
				  earned rating is weighted in such a manner as to reflect the applicant's
				  experience, where the experience is a valid requisite for a particular
				  position. Area agencies on aging which become aware of older persons who have
				  problems or concern in this regard should contact the Department's Division of
				  Personnel. The Division of Personnel will work with the Civil Service
				  Commission to address these problems and concerns.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 5 - AGE PREFERENCE › Section 5.9 - Training programs for persons 60 years of age or older

Current through Register Vol. 54, No. 28, July 13, 2024
The Department and area agencies on aging shall arrange for
				  and conduct training programs for persons 60 years of age or older in order to
				  qualify them for positions of higher or expanded
				  responsibility.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 5 - AGE PREFERENCE › Section 5.10 - Documentation required in area agency on aging affirmative action plans

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Area agency on
				aging affirmative action plans and updates as required by the Department,
				include the following documentation of efforts to carry out the provisions of
				this chapter:
(1) Copies of advertisements of
				position vacancies.
(2) A record of
				where the advertisement was circulated.
(3) Application flow data on each vacancy
				filled by the agency, indicating each qualified candidate and his status, that
				is, age, sex, race and the like; screening process results; and final selection
				by placing an asterisk beside the name of the person selected.
(4) Narrative reports of special recruitment
				and training efforts carried out by the area agency on aging to attract or
				qualify persons 60 years of age or older to fill positions with the agency, for
				example, efforts to motivate older persons to seek qualification for positions
				subject to the Civil Service Act (71 P. S. §§
											741.1-741.1005).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 5 - AGE PREFERENCE › Section 5.11 - Relevance of affirmative action plans to civil service positions

Current through Register Vol. 54, No. 28, July 13, 2024
Notwithstanding the provisions of §
									5.4(3) (relating
				  to preference in filling civil service positions) area agencies on aging are
				  expected to take advantage of reasonable opportunities to fill positions with
				  persons 60 years of age or older in those situations where affirmative action
				  plans clearly indicate a need to place more persons from this population
				  subgroup in vacant positions.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 11 - OLDER ADULT DAILY LIVING CENTERS › Subchapter A - LICENSURE AND OPERATION REQUIREMENTS › GENERAL PROVISIONS › Section 11.1 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
The purpose of this subchapter is to protect the health,
						safety and well-being of persons with functional impairments through the
						formulation, implementation and enforcement of minimum requirements for the
						licensing and operation of older adult daily living centers.
This section cited in 6 Pa. Code §
													11.212 (relating to
						  applicability).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 11 - OLDER ADULT DAILY LIVING CENTERS › Subchapter A - LICENSURE AND OPERATION REQUIREMENTS › GENERAL PROVISIONS › Section 11.2 - Applicability

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This subchapter
					 applies to older adult daily living centers, as defined in §
											11.3 (relating to definitions),
					 serving clients with functional impairment who are 60 years of age or older, or
					 who are 18 years of age or older and have post-stroke dementia, Parkinsonism or
					 a dementia-related disease such as Alzheimer's or other organic brain syndrome,
					 with the exception of facilities listed in subsection (e).
(b) This subchapter contains the minimum
					 requirements that shall be met to obtain a license. Each older adult daily
					 living center will be inspected by the Department each year and obtain a
					 license in order to operate or continue to operate.
(c) This subchapter applies to for profit,
					 nonprofit, publicly-funded and privately-funded older adult daily living
					 centers.
(d) This subchapter also
					 applies to centers operated in or on the grounds of:
(1) A licensed community home for individuals
					 with mental retardation.
(2) A
					 community residential rehabilitation mental health facility.
(3) A non-State operated intermediate care
					 facility for the mentally retarded.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 11 - OLDER ADULT DAILY LIVING CENTERS › Subchapter A - LICENSURE AND OPERATION REQUIREMENTS › GENERAL PROVISIONS › Section 11.4 - Admissions criteria

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 client admitted to a center shall meet the following criteria. The client
					 shall:
(1) Have a functional impairment and
					 be in need of services, as determined by an intake screening process.
(2) Be capable of being transported to and
					 from the service site.
(3) Be in
					 need of a structured program of activities or services.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 11 - OLDER ADULT DAILY LIVING CENTERS › Subchapter A - LICENSURE AND OPERATION REQUIREMENTS › GENERAL PROVISIONS › Section 11.5 - Waivers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) It is the
					 policy of the Department that licensees shall comply with this subchapter to
					 assure quality of care. The Department may, for good reason, grant waivers to
					 specific requirements contained in this subchapter for specified periods of
					 time. Waivers will be granted only when the health, safety and welfare of the
					 clients or the quality of services provided to clients is not adversely
					 affected. The Department reserves the right to revoke a waiver if the
					 conditions required by the waiver are not met.
(b) Centers which also provide services to
					 persons who receive services under Articles IX and X of the Public Welfare Code
					 (62
					 P. S. §§
												901-1057.3) may,
					 consistent with subsection (a), apply for waivers to requirements in this
					 subchapter which are essentially duplicative of requirements under regulations
					 promulgated by the Department of Public Welfare to implement Articles IX and X
					 of the Public Welfare Code, with which they are already in full compliance. The
					 Department reserves the right to grant requested waivers or to require
					 additional, reasonable actions by a center to bring it into compliance with
					 requirements in this subchapter.
(c) The licensee shall submit a written
					 request for a waiver to the Department's Division of Older Adult Daily Living
					 Center Licensure. Waivers granted by the Department will be in writing and
					 retained by the licensee and be part of the licensee's permanent
					 record.
(d) A waiver is subject to
					 an annual review by the Department to determine whether acceptable conditions
					 exist for renewal of the waiver.
This section cited in 6 Pa. Code §
													11.212 (relating to
						  applicability).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 11 - OLDER ADULT DAILY LIVING CENTERS › Subchapter A - LICENSURE AND OPERATION REQUIREMENTS › GENERAL PROVISIONS › Section 11.6 - Service goals

Current through Register Vol. 54, No. 28, July 13, 2024
The goals of planned programs of older adult daily living
						services provided to clients at centers are as follows:
(1) To improve the quality of life of
					 individuals with functional impairment.
(2) To provide respite for caregivers and
					 clients.
(3) To provide a
					 community-based alternative to institutionalization which is unnecessary for a
					 particular client.
(4) To promote
					 client functioning to the extent of the client's ability.
This section cited in 6 Pa. Code §
													11.121 (relating to service goals);
						  and 6 Pa. Code §
													11.212 (relating to
						  applicability).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 11 - OLDER ADULT DAILY LIVING CENTERS › Subchapter A - LICENSURE AND OPERATION REQUIREMENTS › GENERAL PROVISIONS › Section 11.7 - Nondiscrimination

Current through Register Vol. 54, No. 28, July 13, 2024
In licensing centers providing older adult daily living
						services, the Department and operators, respectively, shall act in accordance
						with Title VI of the Civil Rights Act of 1964 (42 U.S.C.A. §
												2000d), section 504 of the Rehabilitation Act
						of 1973 (29 U.S.C.A. §
												794), The Age Discrimination Act of 1975
						(42 U.S.C.A. §§
												6101-6107), the Pennsylvania Human
						Relations Act (43 P. S. §§
												951-962.2) and the Americans With
						Disabilities Act of 1990 (42
						U.S.C.A. §§
												12101-12213).
This section cited in 6 Pa. Code §
													11.212 (relating to
						  applicability).