reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart F - COMMONWEALTH BUILDINGS › Chapter 86 - USE OF THE PUBLIC AREAS OF THE CAPITOL COMPLEX-STATEMENT OF POLICY › Section 86.2 - 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:
Camping
-Use of a temporary or mobile
					 structure for living accommodation activities such as sleeping or making
					 preparations to sleep (including the laying down of bedding for the purpose of
					 sleeping), or storing personal belongings, or bathing, or washing clothing, or
					 making any fire, or using any tent or other structure for sleeping, or doing
					 any digging or earth breaking, or carrying on cooking activities. These
					 activities constitute camping, regardless of the intent of the participants or
					 the nature of any other activities in which they may also be engaging, when it
					 reasonably appears, in light of all the circumstances, that the participants,
					 in conducting these activities, are in fact using the areas as living or
					 sleeping accommodations.
Capitol
-The Pennsylvania State Capitol
					 Building. Unless otherwise specified, the term includes the building (including
					 the East Wing and garage facility) and its grounds.
Capitol Complex
-That property and
					 buildings as delineated on the map in Appendix A, including, but not limited
					 to, the Pennsylvania State Capitol Building.
Capitol security
-Capitol Police and other
					 police or security officers as may be supplemented at the discretion of the
					 Secretary.
Department
-The Department of General
					 Services of the Commonwealth, including the Capitol Police.
Event
-A performance, ceremony,
					 presentation, meeting, rally or reception held in public areas.
Exhibit
-Any display of artwork, including,
					 but not limited to, paintings, sculptures, arts and crafts, and photographs;
					 public service and educational presentations; and historical displays.
Rally
-A gathering of people for the
					 purpose of actively promoting a cause.
Secretary
-The Secretary of General
					 Services or a designee.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart F - COMMONWEALTH BUILDINGS › Chapter 86 - USE OF THE PUBLIC AREAS OF THE CAPITOL COMPLEX-STATEMENT OF POLICY › Section 86.4 - Policy governing the interior public areas of the Capitol Complex

Current through Register Vol. 54, No. 28, July 13, 2024
In its administration, operation and preservation of the
					 Capitol Complex, the policy of the Department relating to the public use of the
					 interior public areas of the Capitol Complex will be as stated in this
					 section.
(1)
Visitor
				  entrances
. Except as provided in this section, visitors (including
				  infants and small children) will be required to enter at the designated visitor
				  entrance for screening and pass through the metal detectors at the
				  security-screening checkpoint. All packages, briefcases, handbags, backpacks,
				  totes, containers and mail will be scanned by the X-ray machine.
(2)
Electronic equipment
.
				  Electronic equipment/devices such as laptop computers, palm pilots, cell
				  phones, pagers, video cameras, CD players, radios, and the like, should be
				  screened using standard X-ray procedures.
(i)
				  There will be a procedure for a visitor who requests a hand
				  inspection.
(ii) The individual
				  should be asked to remove the device from its carrying case.
(iii) The carrying case is to be X-rayed
				  using standard X-ray procedures.
(iv) The visitor shall be asked to "power-up"
				  the device and insure the device is operational and that the individual is
				  familiar with the device.
(v) The
				  exterior of the device will be checked for signs of tampering.
(vi) The weight of the device should feel
				  accurate as to the type of device that it is.
(vii) There will be screening procedures for
				  electronic equipment and camera screening.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart F - COMMONWEALTH BUILDINGS › Chapter 86 - USE OF THE PUBLIC AREAS OF THE CAPITOL COMPLEX-STATEMENT OF POLICY › Section 86.6 - Scheduling events and exhibits

Current through Register Vol. 54, No. 28, July 13, 2024
Requests to schedule events or exhibits in the public areas
					 of the Capitol Complex or on the Capitol grounds should be made to the Deputy
					 Secretary for Property Management, 503 North Office Building, Harrisburg,
					 Pennsylvania 17125.
(1) Requests will
				  be scheduled on a first-come, first-served basis. Because the areas available
				  for events and exhibits are limited and the demand is at times high, it is
				  recommended, but not required, that requests be made at least 1 month in
				  advance. In the case of exhibits, due to the length of time an exhibit may
				  remain on display, additional lead time may be necessary to secure the desired
				  space and date. These factors should be kept in mind when making requests. The
				  Secretary may set reasonable limits on the number or frequency of events by a
				  single person, group of persons or organization to afford reasonable
				  opportunities for other persons, groups or organizations to schedule events or
				  exhibits.
(2) Each request shall be
				  in writing and contain the following information:
(i) The name and description of the
				  sponsoring organization.
(ii) The
				  name, address and telephone number of the contact person.
(iii) The name, address and telephone number
				  of the back-up contact person.
(iv)
				  A description of the planned event or exhibit.
(v) The date and hours requested for the
				  event or exhibit, and the duration of the event or exhibit.
(vi) The area requested for use.
(vii) The number of anticipated
				  attendees.
(vii) The method of
				  transportation, and number and type of vehicles used to transport
				  participants.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart F - COMMONWEALTH BUILDINGS › Chapter 86 - USE OF THE PUBLIC AREAS OF THE CAPITOL COMPLEX-STATEMENT OF POLICY › Appendix A

Current through Register Vol. 54, No. 28, July 13, 2024
Click to view
					 Image
This appendix cited in 4 Pa. Code §
												86.1 (relating to introduction);
						and 4 Pa. Code §
												86.2 (relating to
						definitions).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart F - COMMONWEALTH BUILDINGS › Chapter 87 - USE OF THE FORUM › Section 87.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
					 have the following meanings, unless the context clearly indicates
					 otherwise:
Department
-The Department of General
					 Services.
Forum
-The auditorium in the Forum
					 Building, South Drive, Harrisburg.
Secretary
-The Secretary of the
					 Department.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart F - COMMONWEALTH BUILDINGS › Chapter 87 - USE OF THE FORUM › Section 87.2 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter establishes procedures, defines
					 responsibilities and provides provisions pertaining to the use of the Forum by
					 private organizations or individuals.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart F - COMMONWEALTH BUILDINGS › Chapter 87 - USE OF THE FORUM › Section 87.4 - Responsibilities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Director of
				  the Bureau of Risk and Insurance Management will establish the extent of
				  coverage to be provided by each entity granted a permit for the use of the
				  Forum, such coverage to provide payment to the Department for any and all
				  damages to the Forum premises by the using entity.
(b) The Director of the Bureau of Police and
				  Safety will be responsible for the preservation of peace and order at the
				  Forum.
(c) The Director of the
				  Bureau of Buildings and Grounds, Department of General Services, Room 403 North
				  Office Building, Harrisburg, Pennsylvania, will approve or deny requests for
				  permits and will issue granted permits, on Form GSGS-9, to successful
				  applicants.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart F - COMMONWEALTH BUILDINGS › Chapter 87 - USE OF THE FORUM › Section 87.5 - Staffing of Forum crowd control

Current through Register Vol. 54, No. 28, July 13, 2024
Staffing of the Forum crowd control facility will be
					 accomplished by the Bureau of Police and Safety to assure that peace and order
					 are maintained throughout the period the Forum is in use.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart F - COMMONWEALTH BUILDINGS › Chapter 87 - USE OF THE FORUM › Section 87.6 - Forum crowd control

Current through Register Vol. 54, No. 28, July 13, 2024
The Bureau of Police and Safety, with the aid of its own
					 Capitol Police in addition to the enlistment of support from the State Police
					 and National Guard, where necessary, will monitor all elements of crowd control
					 at the Forum to assure that peace and order shall be
					 maintained.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart F - COMMONWEALTH BUILDINGS › Chapter 87 - USE OF THE FORUM › Section 87.7 - Request for permit to use Forum

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  All persons and organizations requesting the use of the Forum must have
				  requested and obtained an approved permit to use the Forum prior to the day of
				  registration from the Director, Bureau of Buildings and Grounds, Department of
				  General Services, Room 403 North Office Building, Harrisburg, Pennsylvania
				  17125.
(b) All persons and
				  organizations requesting a permit to use the Forum must provide insurance
				  coverage or security bonds for such use to the extent the Director of the
				  Bureau of Risk and Insurance Management demands, binding the user to reimburse
				  the Department for any and all damages to the Forum arising from the use of
				  that structure by the successful applicant.
(c) Accompanying each approved permit to use
				  the Forum will be a copy of the Forum Use Rules and Regulations.
(d) Form GSGS-8 (Request to use the Forum) as
				  set forth in Appendix A of this chapter will be available from the Bureau of
				  Buildings and Grounds, Department of General Services, Room 403, North Office
				  Building, Harrisburg, Pennsylvania 17125.
(e) Form GSGS-9 (Forum Use Permit) as set
				  forth in Appendix B of this chapter will be approved and issued by the Director
				  of the Bureau of Buildings and Grounds.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart F - COMMONWEALTH BUILDINGS › Chapter 89 - BUREAU OF RISK AND INSURANCE MANAGEMENT › Subchapter A - DEATH BENEFITS FOR SURVIVORS OF FIREMEN AND LAW ENFORCEMENT OFFICERS › GENERAL › Section 89.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this
						  chapter, have the following meanings, unless the context clearly indicates
						  otherwise:
Act
-The act of June 24, 1976 (
						  P. L.
						  424, No. 101), (53 P. S. §
													§
													891-892.1), known as the Emergency and Law
						  Enforcement Personnel Death Benefits Act.
Ambulance service or rescue squad
						  member
-
(i) An officially
						recognized or designated member of an ambulance service or rescue squad, who is
						an employee of the Commonwealth or a political subdivision or a member of a
						legally recognized volunteer ambulance service or rescue squad in this
						Commonwealth.
(ii) The term
						includes rescue workers, ambulance drivers, paramedics, health-care responders,
						emergency medical technicians, or other similar workers, who are trained in
						rescue activity or the provision of emergency medical services and have legal
						authority and responsibility to engage in rescue activity or provide emergency
						medical services.
Beneficiary
-The surviving spouse,
						  minor children or parents of a public safety officer.
Benefit
-The payment made to the
						  beneficiary as authorized by the act.
Bureau
-The Bureau of Risk and
						  Insurance Management of the Department.
Certified hazmat response team
						  member
-A person who is a part of a group of individuals that meets the
						  following requirements:
(i) Is
						certified and organized by a Commonwealth agency, a local agency or a regional
						hazardous material organization.
(ii) Is certified, trained and equipped in
						accordance with the Hazmat Act for the primary purpose of one of the following
						reasons:
(A) To provide emergency response
						services to mitigate actual or potential immediate threats to public health and
						the environment in response to the release or threat of a release of a
						hazardous material.
(B) To perform
						stabilization actions needed to remove threats to public health and the
						environment from hazardous material releases.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart F - COMMONWEALTH BUILDINGS › Chapter 89 - BUREAU OF RISK AND INSURANCE MANAGEMENT › Subchapter A - DEATH BENEFITS FOR SURVIVORS OF FIREMEN AND LAW ENFORCEMENT OFFICERS › GENERAL › Section 89.2 - Eligibility

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
. Upon the death of a public safety officer who meets
						the requirements of the act, surviving beneficiaries are eligible for payment
						of a benefit if the public safety officer dies as a result of the public safety
						officer's performance of duties.
(b)
Performance of duties
.
						Performance of duties includes:
(1) Actions
						which the public safety officer is obligated or authorized by rule, regulation,
						condition of employment or service, or law to perform.
(2) Participation in a physical training
						exercise that is a formal part of an official training program whose purpose is
						to train, prepare or improve the public safety officer in particular activity
						or actions encompassed within the public safety officer's duties.
(3) Ceremonial functions.
(4) Actions which the act deems to be within
						the public safety officer's duties.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart F - COMMONWEALTH BUILDINGS › Chapter 89 - BUREAU OF RISK AND INSURANCE MANAGEMENT › Subchapter A - DEATH BENEFITS FOR SURVIVORS OF FIREMEN AND LAW ENFORCEMENT OFFICERS › GENERAL › Section 89.3 - Jurisdiction

Current through Register Vol. 54, No. 28, July 13, 2024
The benefits provided under the act shall be payable
						  whether or not the public safety officer died within the corporate boundaries
						  of the employing municipality or, in the case of the Commonwealth employee,
						  within this Commonwealth, as long as the individual died as a result of the
						  performance of duties.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart F - COMMONWEALTH BUILDINGS › Chapter 89 - BUREAU OF RISK AND INSURANCE MANAGEMENT › Subchapter A - DEATH BENEFITS FOR SURVIVORS OF FIREMEN AND LAW ENFORCEMENT OFFICERS › GENERAL › Section 89.4 - Amount of payments

Current through Register Vol. 54, No. 28, July 13, 2024
The Department will annually calculate and post the
						  amount of the benefit on its website and will retain the amount on the website
						  for 5 years.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart F - COMMONWEALTH BUILDINGS › Chapter 89 - BUREAU OF RISK AND INSURANCE MANAGEMENT › Subchapter A - DEATH BENEFITS FOR SURVIVORS OF FIREMEN AND LAW ENFORCEMENT OFFICERS › GENERAL › Section 89.5 - Payment of benefit by the Commonwealth

Current through Register Vol. 54, No. 28, July 13, 2024
Upon approval of a claim for death benefits, the
						  Commonwealth will pay the benefit, as follows:
(1) To the eligible beneficiary of a public
						safety officer employed by the Commonwealth.
(2) To the political subdivision for the
						purpose of distribution by the entity to the eligible beneficiary on whose
						behalf the certifying official filed the report of death for any public safety
						officer not employed by the Commonwealth.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart F - COMMONWEALTH BUILDINGS › Chapter 89 - BUREAU OF RISK AND INSURANCE MANAGEMENT › Subchapter A - DEATH BENEFITS FOR SURVIVORS OF FIREMEN AND LAW ENFORCEMENT OFFICERS › GENERAL › Section 89.6 - Beneficiary eligibility

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Order of priority
. The benefits will be paid by the
						Commonwealth or the political subdivision to the eligible beneficiary in the
						following order of precedence:
(1) To the
						surviving spouse.
(2) If there is
						no surviving spouse, to the minor child or children in equal shares, with
						payments, when appropriate, being made to the legal guardian or
						trustee.
(3) If there is no
						surviving spouse or minor child, to the parent or parents.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart F - COMMONWEALTH BUILDINGS › Chapter 89 - BUREAU OF RISK AND INSURANCE MANAGEMENT › Subchapter A - DEATH BENEFITS FOR SURVIVORS OF FIREMEN AND LAW ENFORCEMENT OFFICERS › GENERAL › Section 89.7 - Claims for death benefits

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Claims for
						death benefits must be on the forms provided by the Bureau. The Department will
						make these forms available on its website and, upon request, by electronic
						mail, facsimile transmission or regular mail. The forms, completed in all
						applicable particulars, shall be forwarded to the Bureau of Risk and Insurance
						Management, Department of General Services, Post Office Box 1365, Harrisburg,
						Pennsylvania 17105-1365.
(b) The
						Claim for Death Benefits may be completed by a claimant, a political
						subdivision, or a Commonwealth agency but shall be signed by the claimant or
						authorized representative and be notarized.
(c) The following documents shall be attached
						to the Claim for Death Benefits:
(1)
						Certified copy of the death certificate.
(2) If payment is to be made to the spouse,
						evidence shown in §
													89.6(b) (relating
						to beneficiary eligibility).
(3) If
						payment is to be made to or on behalf of minor children, evidence shown in
						§
													89.6(c)  and, if
						children are under 18 years of age, guardianship papers or court order to make
						payment.
(4) If payment is to be
						made to the parent or parents, evidence shown in § 89.6(d).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart F - COMMONWEALTH BUILDINGS › Chapter 89 - BUREAU OF RISK AND INSURANCE MANAGEMENT › Subchapter A - DEATH BENEFITS FOR SURVIVORS OF FIREMEN AND LAW ENFORCEMENT OFFICERS › GENERAL › Section 89.8 - Claims evaluation

Current through Register Vol. 54, No. 28, July 13, 2024
All claims will be evaluated by the Bureau to determine
						  sufficiency of information and verification of data. No payments from the
						  General Fund will be made until the requisites of eligibility have been
						  established by the Bureau. The Bureau will notify the political subdivision or
						  Commonwealth agency and the claimant of its findings.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart F - COMMONWEALTH BUILDINGS › Chapter 89 - BUREAU OF RISK AND INSURANCE MANAGEMENT › Subchapter A - DEATH BENEFITS FOR SURVIVORS OF FIREMEN AND LAW ENFORCEMENT OFFICERS › GENERAL › Section 89.9 - Appeals

Current through Register Vol. 54, No. 28, July 13, 2024
Appeals by a claimant or political subdivision from the
						  decision of the Bureau shall be filed with the Department under the terms of
						  2
						  Pa.C.S. §
													§
													501-508 and
						  701-704 (relating to
						  Administrative Agency Law) within 30 days after notification of the
						  decision.
This section cited in 4 Pa. Code § 89.21
							 (relating to scope).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart F - COMMONWEALTH BUILDINGS › Chapter 89 - BUREAU OF RISK AND INSURANCE MANAGEMENT › Subchapter A - DEATH BENEFITS FOR SURVIVORS OF FIREMEN AND LAW ENFORCEMENT OFFICERS › GENERAL › Section 89.10 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart F - COMMONWEALTH BUILDINGS › Chapter 89 - BUREAU OF RISK AND INSURANCE MANAGEMENT › Subchapter A - DEATH BENEFITS FOR SURVIVORS OF FIREMEN AND LAW ENFORCEMENT OFFICERS › GENERAL › Section 89.11 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart F - COMMONWEALTH BUILDINGS › Chapter 89 - BUREAU OF RISK AND INSURANCE MANAGEMENT › Subchapter A - DEATH BENEFITS FOR SURVIVORS OF FIREMEN AND LAW ENFORCEMENT OFFICERS › PROCEDURE FOR DEPARTMENTAL HEARINGS › Section 89.21 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
There is hereby constituted in the Department a
						  procedure for Departmental hearing of appeals from decisions by the Bureau as
						  to claims for death benefits made pursuant to the act, timely filed within 30
						  days of notice of the decision of the Bureau, as provided in §
												89.9 (relating to appeals). Notices
						  of decisions by the Bureau in cases involving claimants whose decedent was an
						  employe of a subdivision will be sent to both the claimant and the subdivision.
						  In cases where the decedent of the claimant was a subdivision employe, appeals
						  shall be filed by each unless the subdivision has previously paid the claim, in
						  which event only the subdivision shall appeal. Notices of decisions will be
						  dispatched certified mail and will be deemed to have been served on the date
						  received. If the appeal is filed on behalf of a claimant by a person other than
						  the claimant, it shall be accompanied by a letter of attorney setting forth the
						  appellant's power to act on the claimant's behalf.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart F - COMMONWEALTH BUILDINGS › Chapter 89 - BUREAU OF RISK AND INSURANCE MANAGEMENT › Subchapter A - DEATH BENEFITS FOR SURVIVORS OF FIREMEN AND LAW ENFORCEMENT OFFICERS › PROCEDURE FOR DEPARTMENTAL HEARINGS › Section 89.22 - Hearing examiner

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon
						receipt of an appeal within the Department, it will be transmitted forthwith to
						a Hearing Examiner, designated by the Secretary. The Hearing Examiner need not
						be a person learned in the law but will be represented by a Department attorney
						who has not been involved in the determination of the claim by the
						Bureau.
(b) Subsection (a)
						supplements 1 Pa. Code §
												§
												35.185-35.188 (relating to presiding
						officers).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart F - COMMONWEALTH BUILDINGS › Chapter 89 - BUREAU OF RISK AND INSURANCE MANAGEMENT › Subchapter A - DEATH BENEFITS FOR SURVIVORS OF FIREMEN AND LAW ENFORCEMENT OFFICERS › PROCEDURE FOR DEPARTMENTAL HEARINGS › Section 89.23 - Notice

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Within 14 days
						of receipt of an appeal, the Hearing Examiner will set a date for a hearing of
						which at least 14 days written notice will be given to the claimant or
						subdivision, or both, by certified mail, and to the Bureau.
(b) The notice to the claimant or
						subdivision, or both, will set forth, inter alia, the claimant's and
						subdivision's right to introduce at the hearing all relevant witness,
						documentary, and other evidence of reasonable probative value.
(c) The provisions of subsection (a)
						supersede the provisions of 1 Pa. Code §
												35.105 (relating to notice of
						nonrulemaking proceedings).
(d) The
						provisions of subsection (b) supersede the provisions of 1 Pa. Code §
												35.106 (relating to contents of
						notice of nonrulemaking proceedings).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart F - COMMONWEALTH BUILDINGS › Chapter 89 - BUREAU OF RISK AND INSURANCE MANAGEMENT › Subchapter A - DEATH BENEFITS FOR SURVIVORS OF FIREMEN AND LAW ENFORCEMENT OFFICERS › PROCEDURE FOR DEPARTMENTAL HEARINGS › Section 89.24 - Record

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Hearing
						Examiner will engage a competent stenographer to record the proceedings
						manually so that a full and complete written record will be kept of all
						proceedings before the Hearing Examiner.
(b) The provisions of subsection (a)
						supersede the provisions of 1 Pa. Code §
												§
												35.131 and 35.132 (relating to
						transcript).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart F - COMMONWEALTH BUILDINGS › Chapter 89 - BUREAU OF RISK AND INSURANCE MANAGEMENT › Subchapter A - DEATH BENEFITS FOR SURVIVORS OF FIREMEN AND LAW ENFORCEMENT OFFICERS › PROCEDURE FOR DEPARTMENTAL HEARINGS › Section 89.25 - Location

Current through Register Vol. 54, No. 28, July 13, 2024
All hearings will be held at the Headquarters of the
						  Department in Harrisburg.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart F - COMMONWEALTH BUILDINGS › Chapter 89 - BUREAU OF RISK AND INSURANCE MANAGEMENT › Subchapter A - DEATH BENEFITS FOR SURVIVORS OF FIREMEN AND LAW ENFORCEMENT OFFICERS › PROCEDURE FOR DEPARTMENTAL HEARINGS › Section 89.26 - Representation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The claimant or
						subdivision, or both, may appear in propria persona or be represented by
						counsel. The Bureau will be represented by counsel regularly representing or
						especially designated to represent the Bureau.
(b) Subsection (a) supplements 1 Pa. Code
						§
												§
												31.21-31.23 (relating to representation
						before agency); subsection (a) supersedes 1 Pa. Code §
												31.24 (relating to notice of
						appearance).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart F - COMMONWEALTH BUILDINGS › Chapter 89 - BUREAU OF RISK AND INSURANCE MANAGEMENT › Subchapter A - DEATH BENEFITS FOR SURVIVORS OF FIREMEN AND LAW ENFORCEMENT OFFICERS › PROCEDURE FOR DEPARTMENTAL HEARINGS › Section 89.27 - Order of presentation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						claimant or subdivision, or both, shall present evidence first. The Bureau will
						present evidence second.
(b)
						Subsection (a) supersedes 1 Pa. Code §
												35.125 (relating to order of
						procedure).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart F - COMMONWEALTH BUILDINGS › Chapter 89 - BUREAU OF RISK AND INSURANCE MANAGEMENT › Subchapter A - DEATH BENEFITS FOR SURVIVORS OF FIREMEN AND LAW ENFORCEMENT OFFICERS › PROCEDURE FOR DEPARTMENTAL HEARINGS › Section 89.28 - Presentation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Examination and
						cross-examination of witnesses will be permitted.
(b) Subsection (a) supersedes 1 Pa. Code
						§
												35.126 (relating to presentation by
						the parties).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart F - COMMONWEALTH BUILDINGS › Chapter 89 - BUREAU OF RISK AND INSURANCE MANAGEMENT › Subchapter A - DEATH BENEFITS FOR SURVIVORS OF FIREMEN AND LAW ENFORCEMENT OFFICERS › PROCEDURE FOR DEPARTMENTAL HEARINGS › Section 89.29 - Evidence

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Technical rules
						of evidence will not be applied, but basic and fundamental rules of law such as
						the hearsay rule, must be adhered to so as to produce a proper record of the
						proceedings.
(b) Subsection (a)
						supersedes 1 Pa. Code §
												§
												35.161 -35.169 (relating to
						evidence).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart F - COMMONWEALTH BUILDINGS › Chapter 89 - BUREAU OF RISK AND INSURANCE MANAGEMENT › Subchapter A - DEATH BENEFITS FOR SURVIVORS OF FIREMEN AND LAW ENFORCEMENT OFFICERS › PROCEDURE FOR DEPARTMENTAL HEARINGS › Section 89.30 - Motions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) No motions in
						the nature of summary judgment will be entertained; but the claimant or
						subdivision, or both, shall have the opportunity to make a brief closing
						statement summarizing the facts and applicable law, and the Bureau will have
						the same opportunity.
(b)
						Subsection (a) supersedes 1 Pa. Code §
												§
												35.177 -35.180 (relating to
						motions).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart F - COMMONWEALTH BUILDINGS › Chapter 89 - BUREAU OF RISK AND INSURANCE MANAGEMENT › Subchapter A - DEATH BENEFITS FOR SURVIVORS OF FIREMEN AND LAW ENFORCEMENT OFFICERS › PROCEDURE FOR DEPARTMENTAL HEARINGS › Section 89.31 - Investigation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Hearing
						Examiner will have all necessary investigatory powers to obtain information
						relevant to the inquiry and may compel attendance of witnesses and production
						of documents by issuance of subpoenas.
(b) Subsection (a) supplements 1 Pa. Code
						§
												§
												35.142 and
						35.145-35.152 (relating to subpoenas and
						despositions).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart F - COMMONWEALTH BUILDINGS › Chapter 89 - BUREAU OF RISK AND INSURANCE MANAGEMENT › Subchapter A - DEATH BENEFITS FOR SURVIVORS OF FIREMEN AND LAW ENFORCEMENT OFFICERS › PROCEDURE FOR DEPARTMENTAL HEARINGS › Section 89.32 - Briefs and oral argument

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The parties
						shall have the opportunity to submit written briefs if they desire to do so,
						and such written briefs shall be filed within 20 days after the date of the
						hearing or any continuance thereof. Upon application by either the claimant or
						subdivision, or both, or the Bureau, within the 20-day period, the Hearing
						Examiner may, in his discretion, if substantial issues exist which would
						warrant oral argument, direct that such oral argument be heard and will fix a
						date therefor with adequate written notice to the parties.
(b) Subsection (a) supersedes 1 Pa. Code
						§
												§
												35.191-35.193 and
						35.221 (relating to briefs; and
						briefs and oral argument in absence of proposed report).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart F - COMMONWEALTH BUILDINGS › Chapter 89 - BUREAU OF RISK AND INSURANCE MANAGEMENT › Subchapter A - DEATH BENEFITS FOR SURVIVORS OF FIREMEN AND LAW ENFORCEMENT OFFICERS › PROCEDURE FOR DEPARTMENTAL HEARINGS › Section 89.33 - Decisions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Promptly after
						submission of briefs and oral argument, if such argument is heard, and upon
						filing of the hearing transcript and careful review thereof by the Hearing
						Examiner, the Hearing Examiner will prepare a written adjudication which will
						contain findings of fact supported by substantial evidence and the reasons for
						the adjudication, with legal conclusions as appropriate. A copy of the
						adjudication, signed by the Hearing Examiner and the Secretary, will be served
						upon the claimant and subdivision, where a subdivision is involved, or counsel
						by certified mail, and a copy will be furnished the Bureau. The Hearing
						Examiner will have the power to reopen the hearing for additional evidence or
						to entertain supplemental briefs or additional argument if, in his discretion,
						such is warranted.
(b) Subsection
						(a) supersedes 1 Pa. Code §
												§
												35.225,
						35.226 and
						35.232 (relating to interlocutory
						orders; final orders; and reopening by presiding officer).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart F - COMMONWEALTH BUILDINGS › Chapter 89 - BUREAU OF RISK AND INSURANCE MANAGEMENT › Subchapter A - DEATH BENEFITS FOR SURVIVORS OF FIREMEN AND LAW ENFORCEMENT OFFICERS › PROCEDURE FOR DEPARTMENTAL HEARINGS › Section 89.34 - Judicial review

Current through Register Vol. 54, No. 28, July 13, 2024
Appeal for judicial review from a final adjudication of
						  the Department shall be to Commonwealth Court as provided in
						  2
						  Pa.C.S. §
													§
													701-704 (relating to
						  judicial review of Commonwealth agency action), and procedure therefor shall be
						  as provided in Pa.R.A.P. Ch. 15 (relating to judicial review of governmental
						  determinations).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart F - COMMONWEALTH BUILDINGS › Chapter 89 - BUREAU OF RISK AND INSURANCE MANAGEMENT › Subchapter A - DEATH BENEFITS FOR SURVIVORS OF FIREMEN AND LAW ENFORCEMENT OFFICERS › PROCEDURE FOR DEPARTMENTAL HEARINGS › Section 89.35 - Due process

Current through Register Vol. 54, No. 28, July 13, 2024
The Departmental hearing procedure provided for in this
						  chapter will be conducted in all respects so as to accord with the requirements
						  of due process of law.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart F - COMMONWEALTH BUILDINGS › Chapter 89 - BUREAU OF RISK AND INSURANCE MANAGEMENT › Subchapter B - ESTABLISHMENT OF COMMONWEALTH AS OBLIGATED GOVERNMENT FOR COMMONWEALTH VEHICLE LIABILITY INSURANCE PURPOSES › Section 89.101 - Scope of subchapter

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter is intended to be applied to the coverage
						of Commonwealth and other motor vehicles as defined in section 2404 of The
						Administrative Code of 1929 (71 P. S. §
												634) for liability insurance purposes as
						provided by such section.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart F - COMMONWEALTH BUILDINGS › Chapter 89 - BUREAU OF RISK AND INSURANCE MANAGEMENT › Subchapter B - ESTABLISHMENT OF COMMONWEALTH AS OBLIGATED GOVERNMENT FOR COMMONWEALTH VEHICLE LIABILITY INSURANCE PURPOSES › Section 89.102 - Purpose and effect of subchapter

Current through Register Vol. 54, No. 28, July 13, 2024
The purpose and effect of this subchapter is to establish
						the Commonwealth as an "obligated government" as defined by section 104(c) of
						the Pennsylvania No-Fault Motor Vehicle Insurance Act (40 P. S. §
												1009.104(c)) (Repealed) so
						as to obligate the Commonwealth to pay basic restoration benefits but not
						additional restoration benefits in accordance with such act in order to comply
						with the requirement of section 2404 of The Administrative Code of 1929
						(71
						P. S. §
												634) that liability insurance be
						maintained in effect as to vehicles referred to in such
						section.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart F - COMMONWEALTH BUILDINGS › Chapter 89 - BUREAU OF RISK AND INSURANCE MANAGEMENT › Subchapter B - ESTABLISHMENT OF COMMONWEALTH AS OBLIGATED GOVERNMENT FOR COMMONWEALTH VEHICLE LIABILITY INSURANCE PURPOSES › Section 89.103 - Effective date

Current through Register Vol. 54, No. 28, July 13, 2024
The effective date of this subchapter is March 1,
						1979.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart F - COMMONWEALTH BUILDINGS › Chapter 89 - BUREAU OF RISK AND INSURANCE MANAGEMENT › Subchapter B - ESTABLISHMENT OF COMMONWEALTH AS OBLIGATED GOVERNMENT FOR COMMONWEALTH VEHICLE LIABILITY INSURANCE PURPOSES › Appendix A

Current through Register Vol. 54, No. 28, July 13, 2024
(
Editor's Note:
1 Pa. Code §
											3.13(b) (relating
						to contents of Bulletin) gives the Legislative Reference Bureau discretion to
						exclude from publication in the Pennsylvania Bulletin classes of documents
						which are voluminous and applicable only to Commonwealth property or contracts
						or agency organization, management or personnel. Section
						3.13(c) requires
						the Bureau to publish and codify a summary table of documents filed under
						§ 3.13(b).)
(1) Administrative Circular No. 92-37, Dated October 16,
						1992. ADA Related Work Requests.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part IV - CIVIL SERVICE COMMISSION › Subpart A - RULES OF THE CIVIL SERVICE COMMISSION › Chapter 91 - GENERAL PROVISIONS › Section 91.2 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
This subpart is designed to effectuate the primary purpose
					 of the Civil Service Act (71 P. S. §
											§
											741.1-741.1005), declared to be greater
					 efficiency and economy in the administration of the government of the
					 Commonwealth, including, as a means to that end, the "establishment of
					 conditions of service which will attract to the service of the Commonwealth
					 qualified persons of character and ability and their appointment and promotion
					 on the basis of merit and fitness." As amplifications, enlargements, and
					 extensions of the Civil Service Act (71 P. S. §
											§
											741.1-741.1005), the provisions of these
					 rules shall be read in conjunction with appropriate and corresponding
					 provisions of such act and shall be liberally construed to effectuate its
					 purposes.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part IV - CIVIL SERVICE COMMISSION › Subpart A - RULES OF THE CIVIL SERVICE COMMISSION › Chapter 91 - GENERAL PROVISIONS › Section 91.4 - Classified service coverage

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Coverage
.
(1) Existing and
				  newly established positions in the agencies identified in section 3(d) of the
				  act (71 P. S. §
												741.3(d)) shall be in the
				  classified service unless specifically exempted by action of the
				  Commission.
(2) Positions in
				  classes which are or have been determined to be professional or technical by
				  action of the Executive Board, or which are directly or indirectly derived from
				  the classes, shall be in the classified service.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part IV - CIVIL SERVICE COMMISSION › Subpart A - RULES OF THE CIVIL SERVICE COMMISSION › Chapter 91 - GENERAL PROVISIONS › Appendix A

Current through Register Vol. 54, No. 28, July 13, 2024
Editor's Note:
1 Pa. Code §
										3.13(b)  (relating
					 to contents of Bulletin) gives the Legislative Reference Bureau discretion to
					 exclude from publication in the Pennsylvania Bulletin classes of documents
					 which are voluminous and applicable only to Commonwealth property or contracts
					 or agency organization, management or personnel. Section
					 3.13(c)  requires
					 the Bureau to publish and codify a summary table of documents filed under
					 § 3.13(b).)
(1) Administrative Circular No. 92-30, Dated August 6,
					 1992. Installation of Revised Appeal Request Form, SCSC-4112, Rev. 7-92.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part IV - CIVIL SERVICE COMMISSION › Subpart A - RULES OF THE CIVIL SERVICE COMMISSION › Chapter 93 - CIVIL SERVICE COMMISSION AND EXECUTIVE DIRECTOR › Section 93.1 - Meetings of Commission

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  Commission will meet at least once each month, consistent with the act, at its
				  offices in Harrisburg, Pennsylvania, or at other places as will best serve the
				  public interest. Meetings may be cancelled with appropriate public
				  notice.
(b) One member of the
				  Commission will be designated as secretary by the Chairperson.
(c) Not less than 48 hours' notice of the
				  date, time and place of a meeting shall be given to each member of the
				  Commission.
(d) The Director will
				  be responsible for preparing the agenda of the Commission meeting.
(e) Minutes of Commission meetings will be
				  filed and maintained in the executive office of the Commission.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part IV - CIVIL SERVICE COMMISSION › Subpart A - RULES OF THE CIVIL SERVICE COMMISSION › Chapter 93 - CIVIL SERVICE COMMISSION AND EXECUTIVE DIRECTOR › Section 93.2 - Powers and duties of the Director

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Duties mandated by rules.
No provisions of this section
				  mandating action by the Director shall be construed as limiting the statutory
				  duties, responsibilities, and powers of the Director.
(b)
Promulgation of regulations.
The Director may, subject to the prior approval of the Commission,
				  promulgate, as Subpart B, reasonable regulations as shall be appropriate for
				  carrying out the responsibilities imposed by law or this subpart.
(c)
Periodic review of laws and
				  rules.
The Director will periodically review the laws and rules
				  applicable to the classified service and recommend to the Commission changes
				  desirable for the most appropriate, efficient, and economical compliance with
				  the act.
(d)
Editing and
				  publishing laws and rules.
The Director will periodically compile and
				  publish provisions of the act, related laws, rules, and appropriate regulations
				  applicable to the classified service.
(e)
Research and staff development.
The Director will undertake appropriate study and research to develop
				  methods for the most efficient and economical administration of the work of the
				  Commission. Within available funds therefor the Director will seek to develop
				  the fullest capabilities of staff through appropriate training, including
				  attendance at, and participation in, the programs of professional conferences
				  and institutes.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part IV - CIVIL SERVICE COMMISSION › Subpart A - RULES OF THE CIVIL SERVICE COMMISSION › Chapter 93 - CIVIL SERVICE COMMISSION AND EXECUTIVE DIRECTOR › Section 93.4 - Public hearings

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Time and place of certain hearings.
(1) The Commission shall hold public hearings
				  in connection with its adoption or amendment of rules, or amendments or
				  cancellation of eligible lists on account of illegality or fraud.
(2) These hearings shall be held in
				  Harrisburg or other locations as the Commission shall determine necessary to
				  insure proper balance of potential interests.
(3) Public notice shall be given of the time
				  and place of hearings and continuations thereto.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part IV - CIVIL SERVICE COMMISSION › Subpart A - RULES OF THE CIVIL SERVICE COMMISSION › Chapter 93 - CIVIL SERVICE COMMISSION AND EXECUTIVE DIRECTOR › Section 93.5 - Oaths

Current through Register Vol. 54, No. 28, July 13, 2024
Authorization of an employe or agent of the Commission to
					 administer oaths or affirmations in matters pertaining to the work of the
					 Commission shall be in writing and filed in the executive office of the
					 Commission as a public record.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part IV - CIVIL SERVICE COMMISSION › Subpart A - RULES OF THE CIVIL SERVICE COMMISSION › Chapter 93 - CIVIL SERVICE COMMISSION AND EXECUTIVE DIRECTOR › Section 93.6 - Records open to the public

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An employe
				  of the Commission shall be present at the inspection of records open to the
				  public.
(b) [Reserved].
(c) [Reserved].
Pennsylvania Code › Title 4 - ADMINISTRATION › Part IV - CIVIL SERVICE COMMISSION › Subpart A - RULES OF THE CIVIL SERVICE COMMISSION › Chapter 93 - CIVIL SERVICE COMMISSION AND EXECUTIVE DIRECTOR › Section 93.7 - Receiving funds and allocating or apportioning costs

Current through Register Vol. 54, No. 28, July 13, 2024
The Director shall report periodically to the Commission
					 the receipt of any funds for the administration of the act and the allocation
					 among the departments and agencies thereunder of the cost of administering the
					 act or any part thereof.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part IV - CIVIL SERVICE COMMISSION › Subpart A - RULES OF THE CIVIL SERVICE COMMISSION › Chapter 93 - CIVIL SERVICE COMMISSION AND EXECUTIVE DIRECTOR › Section 93.8 - Service to departments, boards and commissions, agencies and political subdivisions; cooperation with other civil service agencies

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Acquisition of services.
The services and facilities of the Commission and its staff shall be available
				  to departments, boards, commissions, or agencies, and political subdivisions of
				  the Commonwealth under the following terms and conditions:
(1) Formal application for extension of the
				  services of the Commission shall be made in writing and shall be signed by the
				  executive head of the requesting department, or by the chairman of the board,
				  commission, or agency, accompanied by a proper resolution adopted by the board,
				  commission, or agency, or by the proper official of the political subdivision,
				  as appropriate.
(2) Applications
				  for the extension of the services of the Commission shall state in detail the
				  particular services requested, if less than a complete merit system is desired.
				  If the applying agency desires the Commission to administer a complete merit
				  system, the application shall so state and shall specify desired exceptions to
				  the application of the act.
(3)
				  Granting of the application shall be evidenced by a formal written contract or
				  agreement, consistent with this section, between the applicant and the
				  Commission, a copy of which shall be retained by the Commission as a public
				  record.
(4) Applications for the
				  requested extension of services may be granted in whole or in part at the
				  discretion of the Commission.
(5)
				  The Director will maintain, and make available to prospective applicants on
				  request, a list of classes of positions in the classified service and of
				  classes of positions to which the services of the Commission have been
				  extended.
(6) In the case of a
				  contract between an agency and the Commission extending a complete merit system
				  to a class of positions, the legally applicable provisions of the act and this
				  part shall be deemed incorporated in the contract, unless the contract
				  specifies otherwise.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part IV - CIVIL SERVICE COMMISSION › Subpart A - RULES OF THE CIVIL SERVICE COMMISSION › Chapter 95 - SELECTION OF EMPLOYEES FOR ENTRANCE TO, OR PROMOTION IN, THE CLASSIFIED SERVICE › RESERVED › Section 95.7 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
													95.7 amended under sections 203(1)
						  and 208 of the Civil Service Act (71 P. S. §
														§
														741.203(1) and
						  741.208).