Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 31 - PRELIMINARY PROVISIONS › Subchapter A - GENERAL PROVISIONS › Section 31.3 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this part, have
					 the following meanings, unless the context clearly indicates otherwise:
Adjudication
-An order, decree, decision,
					 determination or ruling by an agency affecting personal or property rights,
					 privileges, immunities, duties, liabilities or obligations of the parties to
					 the proceeding in which the adjudication is made.
Agency
-A department, departmental
					 administration board or commission, officer, independent board or commission,
					 authority or other agency of the Commonwealth now in existence or hereafter
					 created, including-to the extent that it is an administrative agency within the
					 meaning of PA. CONT. art. V, § 9-the Governor's Office, but not including
					 the Senate or House of Representatives of this Commonwealth or a court,
					 political subdivision, municipal or other local authority, or an officer or
					 agency of a court, political subdivision or local authority.
Agency head
-The secretary of a department,
					 a quorum of an authority or departmental administrative board or commission or
					 independent board or commission, or another officer or group of officers whose
					 action with respect to a matter pending before the agency exhausts opportunity
					 for administrative review within the agency and constitutes the action of the
					 administrative agency for the purposes of PA. CONT. art. V, § 9.
Applicants
-In proceedings involving
					 applications for permission or authorization which the agency may give under
					 statutory or other authority delegated to it, the parties on whose behalf the
					 applications are made.
Complainants
-Persons who complain to the
					 agency of an agency regulation or general order or anything done or omitted to
					 be done in violation of the provisions of a statute or other delegated
					 authority administered by the agency, orany orders, rules or regulations issued
					 thereunder, or another alleged wrong over which the agency may have
					 jurisdiction.
Formal record
-The filings and submittals
					 in a matter or proceeding, a notice or agency order initiating the matter or
					 proceeding, and if a hearing is held, the following: the designation of the
					 presiding officer, transcript of hearing, exhibits received in evidence,
					 exhibits offered but not received in evi-dence, offers of proof, motions,
					 stipulations, subpoenas, proofs of service, references to the agency head and
					 determinations made by the agency head thereon, certifications to the agency
					 head and anything else upon which action of the presiding officer or the agency
					 head may be based; but not including a proposed testimony or exhibits not
					 offered or received in evidence.
Interveners
-Persons intervening or
					 petitioning to intervene as provided by §§
										35.27-35.31, when admitted as a
					 participant to a proceeding. Admission as an intervener may not be construed as
					 recognition by the agency that the intervener has a direct interest in the
					 proceeding or might be aggrieved by an order of the agency in the
					 proceeding.
Issue
-Includes to prescribe or
					 promulgate.
Matter or proceeding
-The elucidation of
					 the relevant facts and applicable law, consideration thereof and action
					 thereupon by the agency with respect to a particular subject within the
					 jurisdiction of the agency, initiated by a filing or submittal or an agency
					 notice or order.
Notarial officer
-An officer authorized
					 under §
										35.148 (relating to officer before
					 whom deposition is taken) to take depositions for use before an agency.
Office of the agency
-The office of the
					 secretary of the agency if the agency is a board, commission or authority;
					 otherwise the office of the agency head.
Participant
-A party, another person
					 admitted by the agency to limited participation in a proceeding and staff
					 counsel.
Petitioners
-Persons seeking relief, not
					 otherwise designated in this section.
Pleading
-An application, complaint,
					 petition, answer, protest, reply or other similar document filed in an
					 adjudicatory proceeding.
Presiding officer
-A member of the agency,
					 or one or more trial examiners appointed according to law and designated, to
					 preside at hearings or conferences, or other officers specially provided for
					 and designated under statute to conduct specified classes of proceedings, but
					 not including the agency head when sitting as such.
Proof of service
-A certificate of service
					 complying with §
										33.36 (relating to form of
					 certificate of service).
Proposed report
-The written statement of
					 the issues, the facts and the findings that a subordinate officer proposes the
					 agency should make, with the reasons therefor, whether or not including a
					 recommended order.
Protestants
-Persons objecting on the
					 ground of private or public interest to the approval of an application,
					 petition, motion or other matter which the agency may have under consideration.
					 Protestants desiring to become interveners in a proceeding before the agency
					 shall file a petition for intervention as provided by §§
					 35.27-35.31.
Regulation
-Any provision of the
Pennsylvania Code.
Respondents
-Persons subject to a statute
					 or other delegated authority administered by the agency, to whom an order or
					 notice is issued by the agency instituting a proceeding or investigation on its
					 own initiative or otherwise.
Rules
-The provisions of this part.
Staff counsel
-The counsel of the agency
					 participating in a proceeding before the agency.
Submittal
-An application, amendment,
					 exhibit or other similar document filed in an ex parte or other nonadversary
					 proceeding.
Subordinate officer
-A presiding officer or
					 other officer or employe of the agency, but not including the agency
					 head.
This section cited in 4 Pa. Code §
												601a.3 (relating to definitions); 6
						Pa. Code §
												3.2 (relating to definitions); 7
						Pa. Code §
												179.2 (relating to definitions); 16
						Pa. Code §
												42.3 (relating to definitions); 25
						Pa. Code §
												1021.2 (relating to definitions);
						28 Pa. Code §
												1009.2 (relating to recognition
						process); 28 Pa. Code §
												1011.4 (relating to denial,
						restriction or withdrawal of accreditation); 28 Pa. Code §
												1230.22 (relating to definitions);
						34 Pa. Code §
												111.3 (relating to definitions); 34
						Pa. Code §
												131.5 (relating to definitions); 34
						Pa. Code §
												131.201 (relating to petitions); 37
						Pa. Code §
												197.1 (relating to definitions); 37
						Pa. Code §
												197.81 (relating to definitions);
						40 Pa. Code §
												15.3 (relating to definitions); 52
						Pa. Code §
												1.8 (relating to definitions); 52
						Pa. Code §
												1001.10 (relating to definitions);
						55 Pa. Code §
												41.3 (relating to definitions); 58
						Pa. Code §
												145.2 (relating to definitions); 58
						Pa. Code §
												491a.2 (relating to definitions);
						and 61 Pa. Code §
												702.3 (relating to definitions).