reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XI - GOVERNOR'S COUNCIL ON DRUG AND ALCOHOL ABUSE › Chapter 258 - ALLOCATION OF FUNCTIONS TO OTHER STATE AGENCIES › Section 258.2 - The Department of Public Welfare

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				The Department of Public Welfare, acting through its Office of Medical Programs
				and in concert with the Council, shall have the responsibility for funding drug
				and alcohol medical treatment programs as authorized by the State and Federal
				Medical Assistance and Medicaid programs administered by that office.
(b) The Department of Public Welfare, acting
				through its Office of Social Services, shall contract on an annual basis with
				the Council, to purchase such Social Rehabilitation Services from the Single
				County Authorities as are consistent with Federal Social Security Acts and
				implementing regulations.
(c) The
				Department of Public Welfare, acting through its Office of Children and Youth
				Services in concert with the Council, shall have the responsibility for
				providing drug and alcohol treatment services to juveniles within its Youth
				Development Centers.
(d) The
				Department of Public Welfare, acting through its Office of Mental Health, may
				operate drug and alcohol treatment units for the treatment of its drug and
				alcohol dependent people within its State facilities for the mentally disabled.
				The Department of Public Welfare and the Council shall jointly plan for the
				further development of community based programs. Such programs shall serve as
				alternatives to the institutional treatment units.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XI - GOVERNOR'S COUNCIL ON DRUG AND ALCOHOL ABUSE › Chapter 258 - ALLOCATION OF FUNCTIONS TO OTHER STATE AGENCIES › Section 258.3 - The Department of Education

Current through Register Vol. 54, No. 28, July 13, 2024
The Council, acting in concert with the Department of
				  Education, will prepare drug and alcohol abuse curricula for the primary and
				  secondary schools of the Commonwealth.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XI - GOVERNOR'S COUNCIL ON DRUG AND ALCOHOL ABUSE › Chapter 258 - ALLOCATION OF FUNCTIONS TO OTHER STATE AGENCIES › Section 258.4 - The Department of Labor and Industry

Current through Register Vol. 54, No. 28, July 13, 2024
The Department of Labor and Industry, acting through its
				  Bureau of Vocational Rehabilitation (BVR), and in accordance with the Agreement
				  of 1974 between BVR and the Council, shall provide to all drug and alcohol
				  abusers referred by the Council or delegate agencies, who meet the eligibility
				  requirements of State and Federal vocational rehabilitation statutes and
				  regulations, vocational rehabilitation services, including personal adjustment
				  training. Such services shall include counseling, guidance, training and
				  placement assistance, and general vocational rehabilitation services relating
				  to other disabilities suffered by abusers for which abusers would otherwise be
				  eligible for BVR services. BVR shall have no responsibility to provide
				  detoxification or treatment for drug or alcohol abuse.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XI - GOVERNOR'S COUNCIL ON DRUG AND ALCOHOL ABUSE › Chapter 258 - ALLOCATION OF FUNCTIONS TO OTHER STATE AGENCIES › Section 258.5 - The Pennsylvania Board of Probation and Parole

Current through Register Vol. 54, No. 28, July 13, 2024
The Council will determine with the cooperation of the Board
				  of Probation and Parole, special counseling services to be provided to those
				  persons under the supervision of the Board of Probation and Parole, who have a
				  history of drug or alcohol abuse. The Board of Probation and Parole shall
				  purchase, from the community drug and alcohol programs established by the
				  Council, such longterm rehabilitation services as required by clients under its
				  jurisdiction.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XI - GOVERNOR'S COUNCIL ON DRUG AND ALCOHOL ABUSE › Chapter 258 - ALLOCATION OF FUNCTIONS TO OTHER STATE AGENCIES › Section 258.6 - The Department of Justice

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				Department of Justice, acting through the Governor's Justice Commission and in
				concert with the Council, shall provide supplementary grants to establish
				special training for persons in the Criminal Justice System concerned with drug
				and alcohol abuse. The Governor's Justice Commission shall also direct its
				funds available for drug and alcohol treatment services to be used to establish
				such programs primarily related to the Criminal Justice System. The Governor's
				Justice Commission shall also continue to promote increased efforts on police
				intervention and drug traffic through its subgrant programs. The Governor's
				Justice Commission shall continue to fund programs of preventive public
				education relative to the problem of drug and alcohol abuse.
(b) The Department of Justice, acting through
				the Bureau of Corrections and in concert with the Council, shall establish
				intensive treatment services at State correctional facilities for persons
				incarcerated for drug or alcohol abuse problems, or drug or alcohol related
				offenses, or who have a history of drug or alcohol problems. In addition, the
				Bureau of Corrections and SCAs shall assist county prisons in the development
				of similar services.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XI - GOVERNOR'S COUNCIL ON DRUG AND ALCOHOL ABUSE › Chapter 260 - CRIMINAL JUSTICE TREATMENT PROGRAMS › Section 260.1 - Statement of policy

Current through Register Vol. 54, No. 28, July 13, 2024
Act 63 mandates that emergency medical and rehabilitation
				  services shall be made available within State and county correctional
				  facilities. The Council will establish demonstration projects to carry out this
				  mandate.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XI - GOVERNOR'S COUNCIL ON DRUG AND ALCOHOL ABUSE › Chapter 260 - CRIMINAL JUSTICE TREATMENT PROGRAMS › Section 260.2 - Detoxification in Commonwealth and county institutions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Council will establish a task force
				on drug and alcohol abuse detoxification and treatment within the correctional
				system. This task force will prepare and distribute a protocol for providing
				such detoxification services.
(b)
				State and county correctional institutions shall provide detoxification
				services in accordance with the protocol prepared by the task force as mandated
				by Act 63. SCAs are hereby delegated the authority to establish treatment
				services in county correctional institutions as mandated by Act 63.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XI - GOVERNOR'S COUNCIL ON DRUG AND ALCOHOL ABUSE › Chapter 260 - CRIMINAL JUSTICE TREATMENT PROGRAMS › Section 260.3 - Demonstration projects in the county and Commonwealth correctional facilities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) State and
				county correctional facilities are authorized to establish two modalities of
				treatment within such institutions. These modalities are the following:
(1) Inpatient, nonhospital, drug
				free.
(2) Outpatient, drug
				free.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XI - GOVERNOR'S COUNCIL ON DRUG AND ALCOHOL ABUSE › Chapter 260 - CRIMINAL JUSTICE TREATMENT PROGRAMS › Section 260.4 - Criminal justice alternatives to incarceration

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Section 6 of Act 63 (71 P. S. §
										1690.106), provides for the establishment and
				use of community based drug and alcohol abuse treatment services for the drug
				or alcohol offender. This section further provides that appropriate local
				agencies may transfer a conditionally released offender from one treatment
				service to another treatment service on the basis of his response to treatment.
				Section 16 of Act 64 (35 P. S. §
										780-116) recognizes that the rehabilitation
				of the offender is a long, difficult and relapse prone procedure. It provides
				that relapse into drug abuse shall not, in itself require the revocation of
				probation, parole or other conditional release. Section 6(c) of Act 63
				(71
				P. S. §
										1690.106(c))
				clearly provides that, "The decision whether to retain or to restrict or to
				revoke probation or parole or other conditional release after failure to
				conform to a schedule for rehabilitation shall be made on the basis of what is
				most consistent with both the rehabilitation of the individual and the safety
				of the community. All reasonable methods of treatment shall be used to prevent
				relapses and to promote rehabilitation."
(b) Sections 17 and 18 of Act 64
				(35
				P. S. §
										780-117 and
				780-118) provide respectively
				for probation without verdict and disposition in lieu of trial, which allow the
				court to place certain controlled substance abusers in treatment under the
				supervision of probation and parole systems for a period of time not to exceed
				the maximum sentences established by Act 64. These sections provide for
				diverting the arrestee from possible incarceration and placing him directly in
				treatment or special probation. In addition to these sections, when a person is
				convicted for a drug or drug related offense, he can be placed on probation or
				parole with a condition that treatment be obtained. The Board of Probation and
				Parole and the county probation and parole departments are authorized to use
				such alternatives to incarceration as are designated by the Council. Where such
				a designated program is selected by the court as an alternative to
				incarceration, the county with jurisdiction shall reimburse the designated
				treatment program from county revenues. In addition, the Department of
				Corrections is authorized to use these designated programs for persons under
				their jurisdiction eligible for "pre-release treatment services." The Council
				is hereby authorized to fund such alternatives to incarceration as are
				consistent with the policies of the General Assembly as stated in Acts 63 and
				64.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XI - GOVERNOR'S COUNCIL ON DRUG AND ALCOHOL ABUSE › Chapter 261 - DRUG ENFORCEMENT PROGRAM › Section 261.1 - Statement of policy

Current through Register Vol. 54, No. 28, July 13, 2024
The Commonwealth is deeply committed to dealing with the
				  problem of drug abuse through intensive and coordinated law enforcement
				  approaches which shall be aimed primarily at the major manufacturers,
				  distributors and sellers of controlled substances see Appendix F of this
				  part.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XI - GOVERNOR'S COUNCIL ON DRUG AND ALCOHOL ABUSE › Chapter 261 - DRUG ENFORCEMENT PROGRAM › Section 261.2 - Office of Drug Law Enforcement

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				There shall be established within the Department of Justice, the Office of Drug
				Law Enforcement. The chief of that office shall be the Special Deputy Attorney
				General for Drug Control and Enforcement. He shall report directly to the
				Attorney General and the Governor.
(b) The Chief of the Office of Drug Law
				Enforcement shall have line responsibility for the Bureau of Drug Control and
				shall coordinate the efforts of the State Police drug agents.
(c) The Director of the Bureau of Drug
				Control shall report directly to the Chief. The commanding officer of the State
				Police drug unit shall report to the Chief and the Commissioner of the State
				Police.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XI - GOVERNOR'S COUNCIL ON DRUG AND ALCOHOL ABUSE › Chapter 261 - DRUG ENFORCEMENT PROGRAM › Section 261.3 - Strike forces

Current through Register Vol. 54, No. 28, July 13, 2024
(a) There shall
				be established eight mobile strike forces to operate within the 67 counties of
				this Commonwealth.
(b) These strike
				forces shall be composed of agents from the Bureau of Drug Control and the
				State Police. Each team shall be headed by two group leaders; one from the
				Bureau of Drug Control and one from the State Police.
(c) All strike force operations shall require
				the direct approval of the Chief of the Office of Drug Law
				Enforcement.
(d) Each strike force
				shall have an intelligence officer responsible for coordinating informant
				debriefings and keeping the group leaders knowledgeable as to intelligence from
				the fields. Each strike force shall have a covert operations squad involved in
				purchase of evidence, surveillance, and strike force operations. Each strike
				force shall have an overt operations squad involving such things as background
				reports, records searches, as well as open tax, gun, liquor and motor vehicle
				investigations.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XI - GOVERNOR'S COUNCIL ON DRUG AND ALCOHOL ABUSE › Chapter 261 - DRUG ENFORCEMENT PROGRAM › Section 261.4 - Local law enforcement programs

Current through Register Vol. 54, No. 28, July 13, 2024
The strike forces shall make an effort to recruit from local
				  government, officers who shall serve on the strike forces and be provided
				  special narcotics training.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XI - GOVERNOR'S COUNCIL ON DRUG AND ALCOHOL ABUSE › Chapter 261 - DRUG ENFORCEMENT PROGRAM › Section 261.5 - Criminal compliance

Current through Register Vol. 54, No. 28, July 13, 2024
The Office of Drug Law Enforcement, through the Bureau of
				  Drug Control, shall have a Division of Criminal Compliance which shall
				  supervise compliance with appropriate State and Federal regulations of
				  dispensers of controlled substances, other drugs and devices.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XI - GOVERNOR'S COUNCIL ON DRUG AND ALCOHOL ABUSE › Chapter 261 - DRUG ENFORCEMENT PROGRAM › Section 261.6 - Financial investigations

Current through Register Vol. 54, No. 28, July 13, 2024
There shall be established within the Office of Drug Law
				  Enforcement a Financial Investigations Unit. Its function shall be to identify
				  and investigate the finances of those high-level, illicit drug dealer
				  profiteers operating within this Commonwealth, for the purposes of criminal and
				  civil prosecutions. The head of this Unit shall report directly to the Special
				  Deputy Attorney General.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XI - GOVERNOR'S COUNCIL ON DRUG AND ALCOHOL ABUSE › Chapter 265 - GRIEVANCE PROCEDURES › PRELIMINARY PROVISIONS › Section 265.1 - Purpose and scope

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
				  aggrieved party shall process its grievance in accordance with the provisions
				  of this chapter. An aggrieved party means any person, organization, or project
				  funded directly by the SCA under a written contract and adversely affected by a
				  decision of an SCA regarding its contract or rights thereunder.
(b) The provisions of this chapter delineate
				  the procedures to be followed in processing a grievance between an SCA and an
				  aggrieved party. The goal is to secure the efficient and prompt determination
				  of these grievances.
(c) If an SCA
				  has adopted its own grievance procedure, that procedure may be used provided it
				  is approved by the Council. All requests for approval of existing county
				  grievance procedures should be addressed to the Office of Chief Counsel; 2101
				  North Front Street; Suite N, Riverside Office Building No. 1; Harrisburg,
				  Pennsylvania 17120.
(d) A copy of
				  the procedure described in subsection (c) or any other approved procedure shall
				  be distributed to all projects, persons, or organizations within each SCA's
				  jurisdiction in order to insure that the projects have full knowledge of this
				  procedure.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XI - GOVERNOR'S COUNCIL ON DRUG AND ALCOHOL ABUSE › Chapter 265 - GRIEVANCE PROCEDURES › PRELIMINARY PROVISIONS › Section 265.2 - Level I review

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
				  aggrieved party shall initially be entitled to a review of the SCA's decision
				  conducted by the SCA at an informal hearing, upon request of the aggrieved
				  party. This informal review shall take place no later than 30 days following
				  the SCA's decision.
(b) The
				  aggrieved party shall be given notice at least 10 days prior to the informal
				  hearing and shall have the opportunity to be heard at such informal hearing
				  conducted by the SCA to review its decision.
(c) The SCA shall make written findings and
				  submit such findings to the aggrieved party within 30 days of the informal
				  hearing. The provisions of this subsection supersede the provisions of 1 Pa.
				  Code §
										§ 35.201, 35.202, 35.205 and 35.207.
(d) If the aggrieved party appeals this
				  decision within 30 days and gives written notice to the SCA that such appeal
				  has been filed, the SCA shall, within five days thereafter, deliver its
				  findings to the County Commissioners or the appropriate governing
				  body.
(e) Failure to file a timely
				  appeal shall result in a waiver of such right. The provisions of this
				  subsection supplement the provisions of 1 Pa. Code §
										35.213 (relating to effect of
				  failure to except to proposed report).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XI - GOVERNOR'S COUNCIL ON DRUG AND ALCOHOL ABUSE › Chapter 265 - GRIEVANCE PROCEDURES › PRELIMINARY PROVISIONS › Section 265.3 - Level II hearings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
				  aggrieved party appealing a Level I review shall be entitled to a hearing at
				  Level II. This appeal shall be filed no later than 30 days following the Level
				  I review.
(b) Upon written request
				  of the aggrieved party, the Board of County Commissioners or its delegate shall
				  schedule a hearing no later than 30 days following receipt of such request.
				  Notice of hearing shall be sent by certified or registered mail to the
				  aggrieved party and the SCA. The provisions of this subsection supersede the
				  provisions of 1 Pa. Code §
										35.211 (relating to procedure to
				  except to proposed report) and supplement the provisions of 1 Pa. Code §
										35.121 (relating to initiation of
				  hearings).
(c) The hearing shall be
				  conducted by the Board of County Commissioners or the appropriate governing
				  body established in accordance with §
										§
										254.2 and
				  254.3 (relating to establishment of
				  a Single County Authority; and organization and structure of SCA's), or an
				  independent hearing examiner approved thereby. The provisions of this
				  subsection supplement the provisions of 1 Pa. Code §
										35.185 (relating to designation of
				  presiding officers).
(d) All
				  parties shall be permitted to be represented by counsel, to present relevant
				  evidence, and to examine and to cross-examine witnesses.
(e) During the hearing, the following
				  provisions apply:
(1) The burden of proof
				  shall be on the appealing party.
(2) The provisions of 231 Pa. Code (relating
				  to rules of civil procedure). Evidentiary requirements shall be in conformity
				  with
				  2
				  Pa.C.S. §
												505 and
				  1 Pa. Code §
											§
											35.137-35.139,
				  35.142, 35.145-35.152, 35.155,
				  35.161-35.169 and 35.173 (relating to evidence and witnesses).
(3) Stenographic notes shall be taken at
				  these proceedings. The provisions of this paragraph supplement the provisions
				  of 1 Pa. Code §
											35.131 (relating to recording of
				  proceedings).
(4) All hearings
				  shall be open to the public under the act of July 19, 1974 (
				  P. L.
				  486, No. 175) (65 P. S. §
												§
												261-269).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XI - GOVERNOR'S COUNCIL ON DRUG AND ALCOHOL ABUSE › Chapter 265 - GRIEVANCE PROCEDURES › PRELIMINARY PROVISIONS › Section 265.4 - Appeals-Level III

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An appeal from
				  the decision of the County Commissioners or the appropriate governing body
				  shall be to the Council. Such appeal shall be in writing and shall be filed
				  with the Council within 20 days following written receipt of the County
				  Commissioner's adjudication. Failure to file a timely appeal shall result in a
				  waiver of such right. The provisions of this subsection supersede the
				  provisions of 1 Pa. Code §
										35.211 (relating to procedure to
				  except to proposed report) and supplement the provisions of 1 Pa. Code §
										35.213 (relating to effect of
				  failure to except to proposed report).
(b) Appellant shall send a copy of the notice
				  of appeal to the party whose decision it is appealing and to all other parties
				  in interest.
(c) A notice of appeal
				  shall contain the following:
(1) A statement
				  of relevant facts and the grounds for the appeal.
(2) A statement of the questions
				  presented.
(3) The relief requested
				  by the appellant.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XI - GOVERNOR'S COUNCIL ON DRUG AND ALCOHOL ABUSE › Chapter 265 - GRIEVANCE PROCEDURES › PRELIMINARY PROVISIONS › Section 265.5 - Appeals-Level IV

Current through Register Vol. 54, No. 28, July 13, 2024
Any further appeals shall be taken to Commonwealth Court in
					 accordance with the provisions of
					 2
					 Pa.C.S. §
											§
											701-704 (relating to
					 judicial review of Commonwealth agency action).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XI - GOVERNOR'S COUNCIL ON DRUG AND ALCOHOL ABUSE › Chapter 265 - GRIEVANCE PROCEDURES › PRELIMINARY PROVISIONS › Section 265.6 - Costs

Current through Register Vol. 54, No. 28, July 13, 2024
Each party will bear its own costs; the cost of the appeal
					 is not eligible for reimbursement with funds of the Council.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XI - GOVERNOR'S COUNCIL ON DRUG AND ALCOHOL ABUSE › Chapter 265 - GRIEVANCE PROCEDURES › PRELIMINARY PROVISIONS › Section 265.7 - Compliance

Current through Register Vol. 54, No. 28, July 13, 2024
In cases where a party violates the provisions of this
					 chapter, the Council or hearing examiner may:
(1) Deny or dismiss the hearing depending on
				  the degree of the violation; or
(2)
				  Reach a disposition of the matter based upon the evidence then before
				  it.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XIII - NAVIGATION COMMISSION FOR THE DELAWARE RIVER AND ITS NAVIGABLE TRIBUTARIES › Chapter 401 - GENERAL PROVISIONS › Section 401.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this part, have
				  the following meanings, unless the context clearly indicates otherwise:
Chairperson
- The Chairperson of the
				  Commission.
Commission
- The Navigation Commission for
				  the Delaware River and its navigable tributaries.
Department
- The Department of State of the
				  Commonwealth.
Navigable tributaries
- Tidal portions of the
				  navigable tributaries are defined as follows:
(i) Schuylkill River below Fairmount
				Dam.
(ii) Chester Creek below Ninth
				Street.
(iii) Crum Creek below
				Route 291 (Industrial Highway) bridge.
(iv) Darby Creek below 84th Street.
(v) Neshaminy Creek below Route 13
				bridge.
(vi) Pennypack Creek below
				Frankford Avenue Bridge.
(vii)
				Ridley Creek below Baltimore and Ohio Railroad Bridge in Chester.
River
- Tidal portions of the Delaware River,
				  from the Delaware border in the South to the Railroad Bridge at Morrisville in
				  the North, and its navigable tributaries within this Commonwealth.
Secretary
- The Secretary of the
				  Commonwealth.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XIII - NAVIGATION COMMISSION FOR THE DELAWARE RIVER AND ITS NAVIGABLE TRIBUTARIES › Chapter 401 - GENERAL PROVISIONS › Section 401.2 - Commission office

Current through Register Vol. 54, No. 28, July 13, 2024
The office of the Commission is located at the Department of
				  State, 302 North Office Building, Harrisburg, Pennsylvania 17120-0029. Forms
				  may be obtained from the Department or by calling (717)
				  787-6802.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XIII - NAVIGATION COMMISSION FOR THE DELAWARE RIVER AND ITS NAVIGABLE TRIBUTARIES › Chapter 402 - ADMINISTRATION › Section 402.2 - Authority

Current through Register Vol. 54, No. 28, July 13, 2024
Section 506 of The Administrative Code of 1929 (71 P. S. §
										186) authorizes departmental commissions to
				  prescribe rules and regulations for the government of their respective
				  commissions.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XIII - NAVIGATION COMMISSION FOR THE DELAWARE RIVER AND ITS NAVIGABLE TRIBUTARIES › Chapter 402 - ADMINISTRATION › Section 402.7 - Term of office

Current through Register Vol. 54, No. 28, July 13, 2024
The members of the Commission will be appointed initially,
				  two by the Governor and one by the Mayor of the City of Philadelphia for a term
				  of 2 years, and two by the Governor and one by the Mayor for a term of 4 years.
				  They will hold office for a term of 4 years thereafter until their successors
				  are appointed and qualified, and they may be eligible for reappointment to
				  office.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XIII - NAVIGATION COMMISSION FOR THE DELAWARE RIVER AND ITS NAVIGABLE TRIBUTARIES › Chapter 402 - ADMINISTRATION › Section 402.11 - Meetings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The regular
				meetings of the Commission will be held semiannually after public notice as
				required by 65 Pa.C.S. Chapter 7 (relating to Sunshine Act).
(b) Special meetings may be called by the
				Chairperson after 3 days notice to the Commission and after public notice as
				required by 65 Pa.C.S. Chapter 7.
(c) Meetings of the Commission will be held
				in Philadelphia or at a location determined by a majority vote of the
				Commission.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XIII - NAVIGATION COMMISSION FOR THE DELAWARE RIVER AND ITS NAVIGABLE TRIBUTARIES › Chapter 402 - ADMINISTRATION › Section 402.12 - Commission employees

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				Commission will have a secretary and clerks necessary to keep accurate minutes
				and entries of all orders, regulations and transactions of the
				Commissioners.
(b) The Secretary
				will appoint the secretary and all employes of the Commission, whose salaries
				will be fixed as provided by law.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XIII - NAVIGATION COMMISSION FOR THE DELAWARE RIVER AND ITS NAVIGABLE TRIBUTARIES › Chapter 402 - ADMINISTRATION › Section 402.13 - Public inspection of records

Current through Register Vol. 54, No. 28, July 13, 2024
The minutes and entries of the Commission will be available
				  for the inspection of persons who desire to see and copy the same in the office
				  of the Commission during normal working hours.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XIII - NAVIGATION COMMISSION FOR THE DELAWARE RIVER AND ITS NAVIGABLE TRIBUTARIES › Chapter 402 - ADMINISTRATION › Section 402.14 - Annual report to Governor

Current through Register Vol. 54, No. 28, July 13, 2024
The Commissioners will make an annual report to the Governor,
				  showing an itemized account of the income and expenditures made by
				  them.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XIII - NAVIGATION COMMISSION FOR THE DELAWARE RIVER AND ITS NAVIGABLE TRIBUTARIES › Chapter 402 - ADMINISTRATION › Section 402.15 - Official seal

Current through Register Vol. 54, No. 28, July 13, 2024
The official seal of the Commission will be the coat of arms
				  of the Commonwealth, encircled with the words: "Navigation Commission for the
				  Delaware River and its Navigable Tributaries."
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XIII - NAVIGATION COMMISSION FOR THE DELAWARE RIVER AND ITS NAVIGABLE TRIBUTARIES › Chapter 402 - ADMINISTRATION › Section 402.16 - Administering oaths

Current through Register Vol. 54, No. 28, July 13, 2024
Every member of the Commission and the secretary employed by
				  the Commission will have the power to administer oaths or affirmations anywhere
				  in this Commonwealth, with regard to any matter or thing which may properly
				  come before the Commission.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XIII - NAVIGATION COMMISSION FOR THE DELAWARE RIVER AND ITS NAVIGABLE TRIBUTARIES › Chapter 402 - ADMINISTRATION › Section 402.17 - Subpoenas

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Commission
				will have the power to issue subpoenas requiring the attendance of witnesses
				and the production of books and papers pertinent to any hearing before the
				Commission and to examine such witnesses, books and papers.
(b) Any witness who refuses to obey a
				subpoena issued under this section, who refuses to be sworn or affirmed or to
				testify, or who is guilty of any contempt after summons to appear may be
				punished for contempt of court, and, for this purpose, an application may be
				made to any court of competent jurisdiction within whose territorial
				jurisdiction the offense was committed.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XIII - NAVIGATION COMMISSION FOR THE DELAWARE RIVER AND ITS NAVIGABLE TRIBUTARIES › Chapter 405 - PILOTS AND PILOTAGE › Section 405.1 - 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:
Incapacity
- The inability on the part of a
				  person to perform required duties, whether due to professional deficiencies,
				  physical disability, mental incapacity or any combination of these.
License
- A license to exercise the
				  profession of a pilot granted by the Commission.
Misconduct
- Human behavior which violates
				  some formal, duly established rule, such as the common law, the general
				  maritime law, or Commission regulations. In the absence of such a rule,
				  "misconduct" is human behavior which a reasonable person would consider to
				  constitute a failure to conform to the standard of conduct which is required in
				  the light of all the existing facts and circumstances.
Negligence
- The commission of an act which a
				  reasonable prudent person of the same station, under the same circumstances,
				  would not commit or the failure to perform an act which a reasonably prudent
				  person of the same station, under the same circumstances, would not fail to
				  perform.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XIII - NAVIGATION COMMISSION FOR THE DELAWARE RIVER AND ITS NAVIGABLE TRIBUTARIES › Chapter 405 - PILOTS AND PILOTAGE › Section 405.3 - Application for licensure or apprenticeship

Current through Register Vol. 54, No. 28, July 13, 2024
An applicant for initial issuance of a pilot's license, for
				  renewal of a pilot's license or for appointment as an apprentice shall submit
				  an application on a form provided by the Commission. Forms may be obtained from
				  the Department of State, 302 North Office Building, Harrisburg, Pennsylvania
				  17120 or by calling (717) 787-6802.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XIII - NAVIGATION COMMISSION FOR THE DELAWARE RIVER AND ITS NAVIGABLE TRIBUTARIES › Chapter 405 - PILOTS AND PILOTAGE › Section 405.4 - Examination for sixth-class license

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				The Commission will designate at least three first-class pilots to conduct or
				develop an oral or written examination of an applicant for a sixth-class
				pilot's license for the purpose of ascertaining the applicant's fitness to
				perform the duties of a pilot. The Commission will fix the date, time, manner
				and place of the examination.
(b)
				Applicants for a sixth class license shall pass an initial written examination
				that is comprised of the following four parts:
(1) Rules of the road.
(2) Chart work.
(3) Shiphandling and anchoring.
(4) Local knowledge.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XIII - NAVIGATION COMMISSION FOR THE DELAWARE RIVER AND ITS NAVIGABLE TRIBUTARIES › Chapter 405 - PILOTS AND PILOTAGE › Section 405.5 - Classifications of pilots

Current through Register Vol. 54, No. 28, July 13, 2024
For classifications of pilots, see section 17 of the act of
				  March 29, 1803 ( P. L.
				  542, 4 Sm.L. 67) (55 P. S. §
										42).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XIII - NAVIGATION COMMISSION FOR THE DELAWARE RIVER AND ITS NAVIGABLE TRIBUTARIES › Chapter 405 - PILOTS AND PILOTAGE › Section 405.7 - Qualifications for license

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
				applicant for the initial issuance of a pilot's license in any class shall:
(1) Except for first-time applicants for a
				sixth class license, have served at least 1 year in each of the license classes
				below the class of license applied for.
(2) Have complied with subsection
				(d).
(3) Have passed a physical
				examination within 120 days of the date of application based on the
				requirements of §
										405.8 (relating to physical
				examination qualifications), as evidenced by a physician's statement. As proof
				of a physical examination, apprentices and pilots shall submit the current or
				successor form of the "Merchant Mariner Credential Medical Evaluation Report"
				of the United States Coast Guard. Physical examinations may also be ordered by
				the Commission for any pilot or applicant at any time that there is cause to
				believe that the physical condition of the pilot or applicant may be so
				impaired as to impact the pilot or applicant's ability to discharge his
				duties.
(4) Have participated in a
				program of random drug testing during the preceding calendar year that meets
				the standards of Coast Guard regulations under 46 CFR Part 16 (relating to
				chemical testing). The random drug testing shall be performed by a testing
				agency satisfactory to the Commission. The testing agency conducting this
				random drug testing shall submit to the Commission documentation of the results
				immediately for any pilot who tests positive. The testing agency conducting
				this random drug testing shall submit to the Commission documentation of the
				results for all other pilots prior to March 1 of each year.
(5) Have been qualified as a radar observer,
				as evidenced by one of the following:
(i) A
				radar observer endorsement on a current Federal pilot's license.
(ii) A certificate issued by a Coast
				Guard-approved authority reflecting that the certificateholder satisfactorily
				completed a course of instruction for radar observers, within 5 years of the
				date of application.
(6)
				Have completed a Commission-approved course in bridge resource management
				within 5 years of the date of application or renewal.
(7) Have completed a Commission-approved
				course in automatic radar plotting aids (ARPA) once in a pilot's
				career.
(8) Post a surety bond that
				satisfies the requirements of §
										405.13 (relating to
				bonding).
(9) Pay the required
				license fee, as specified in §
										405.15 (relating to initial license
				and license renewal fee).
(10) Hold
				and maintain an active Federal first-class pilot's license and endorsement for
				the routes to be traversed, unless otherwise ordered by the
				Commission.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XIII - NAVIGATION COMMISSION FOR THE DELAWARE RIVER AND ITS NAVIGABLE TRIBUTARIES › Chapter 405 - PILOTS AND PILOTAGE › Section 405.8 - Physical examination qualifications

Current through Register Vol. 54, No. 28, July 13, 2024
The physical qualifications for a pilot or apprentice are as
				  follows:
(1) Visual acuity of 20/30 in
				one eye and 20/80 in the other-correctable to 20/20 and 20/30, respectively-and
				normal color perception.
(2)
				Hearing acuity to the extent of correctly repeating, with eyes closed, words or
				numbers spoken by the examiner in an ordinary conversational tone of voice from
				a distance of 20 feet. Each ear shall be tested separately; the ear being
				tested shall be turned in the direction of the examiner while the other ear is
				plugged.
(3) The absence of any
				medical condition that may directly affect one's ability to pilot a ship
				safely, as noted on the current or successor form of the "Merchant Mariner
				Credential Medical Evaluation Report" of the United States Coast Guard. A pilot
				shall report to the Commission concerning the pilot's request for a waiver
				under 46 CFR
				10.215(g) (relating to
				medical and physical requirements) from the United States Coast Guard for any
				medical condition, as well as the results of a waiver request. The initial
				report to the Commission shall be made at the same time that the waiver request
				is made to the United States Coast Guard. A copy of the United States Coast
				Guard's decision on the waiver request shall be provided to the Commission
				within 5 business days of the pilot's receipt of the waiver decision.
The provisions of this §
											405.8 amended under section 4 of
					 the act of March 29, 1803 ( P.
					 L. 542, 4 Sm.L. 67) (55 P. S. §
												31); and section 2504-B(4) of The
					 Administrative Code of 1929 (71 P. S. §
												670.2(4)).
This section cited in 4 Pa. Code §
											405.7 (relating to qualifications
					 for license).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XIII - NAVIGATION COMMISSION FOR THE DELAWARE RIVER AND ITS NAVIGABLE TRIBUTARIES › Chapter 405 - PILOTS AND PILOTAGE › Section 405.9 - Apprentices

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Apprentice qualifications.
An applicant for an apprenticeship
				as a pilot shall:
(1) Be of good moral
				character. The Commission may use any of the following methods to determine
				moral character:
(i) Letters of
				reference.
(ii) Questions regarding
				the criminal record of the applicant on application forms.
(iii) Relevant information within the
				possession of the United States Coast Guard such as any action taken against
				the applicant's Coast Guard license, if applicable.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XIII - NAVIGATION COMMISSION FOR THE DELAWARE RIVER AND ITS NAVIGABLE TRIBUTARIES › Chapter 405 - PILOTS AND PILOTAGE › Section 405.10 - Term of license

Current through Register Vol. 54, No. 28, July 13, 2024
A license shall be for a term of 1 year, subject to renewal
				  by the Commission.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XIII - NAVIGATION COMMISSION FOR THE DELAWARE RIVER AND ITS NAVIGABLE TRIBUTARIES › Chapter 405 - PILOTS AND PILOTAGE › Section 405.11 - Nondiscrimination

Current through Register Vol. 54, No. 28, July 13, 2024
The Commission will comply with applicable State and Federal
				  laws prohibiting discrimination in licensing or apprenticeship opportunities. A
				  person will not be denied a license, refused an apprenticeship indenture,
				  refused sponsorship for a pilot's license or discriminated against in the
				  provision of pilotage services because of race, religion, national origin, sex
				  or age.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XIII - NAVIGATION COMMISSION FOR THE DELAWARE RIVER AND ITS NAVIGABLE TRIBUTARIES › Chapter 405 - PILOTS AND PILOTAGE › Section 405.12 - Renewal of license

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
				applicant for renewal of a pilot's license in any class shall:
(1) Have satisfied the requirements of §
										405.7(a)(1)-(6), (8) and
				(10) (relating to qualifications for
				license).
(2) Pay the required
				renewal fee, as specified in §
										405.15 (relating to initial license
				and license renewal fee).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XIII - NAVIGATION COMMISSION FOR THE DELAWARE RIVER AND ITS NAVIGABLE TRIBUTARIES › Chapter 405 - PILOTS AND PILOTAGE › Section 405.13 - Bonding

Current through Register Vol. 54, No. 28, July 13, 2024
A license will not be granted until the person applying has
				  given bond, with one sufficient surety to the Commission in the sum of $500
				  conditioned for the true and faithful performance of the duties and services
				  required by this part and that he may not aid or assist in defrauding the
				  revenue of the United States or of the Commonwealth and that he will deliver
				  the license when required by the Commission in pursuance of this
				  part.
This section cited in 4 Pa. Code §
											405.7 (relating to qualifications
					 for license).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XIII - NAVIGATION COMMISSION FOR THE DELAWARE RIVER AND ITS NAVIGABLE TRIBUTARIES › Chapter 405 - PILOTS AND PILOTAGE › Section 405.15 - Initial license and license renewal fee

Current through Register Vol. 54, No. 28, July 13, 2024
The fee for initial issuance of a license and for annual
				  renewal of a license is $200.
This section cited in 4 Pa. Code §
											405.7 (relating to qualifications
					 for license); and 4 Pa. Code §
											405.12 (relating to renewal of
					 license).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XIII - NAVIGATION COMMISSION FOR THE DELAWARE RIVER AND ITS NAVIGABLE TRIBUTARIES › Chapter 405 - PILOTS AND PILOTAGE › Section 405.19 - Allowing pilots to be taken off

Current through Register Vol. 54, No. 28, July 13, 2024
(a) It
				shall be the duty of every master or commander of a ship or vessel
				outward-bound from the port to remain 24 hours after his arrival at the capes
				to give to the pilot on board the ship or vessel an opportunity to be taken
				out.
(b) If the master or commander
				of the ship or vessel refuses to give the opportunity specified in subsection
				(a) and if the same can be done without endangering the vessel, the master,
				owner or consignee of the ship or vessel shall forfeit and pay to the pilot,
				his executors or administrators any sum not exceeding $800, to be recovered in
				any court of record in which the same may be sued for, by action of debt or
				otherwise.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XIII - NAVIGATION COMMISSION FOR THE DELAWARE RIVER AND ITS NAVIGABLE TRIBUTARIES › Chapter 405 - PILOTS AND PILOTAGE › Section 405.19a - Docking, undocking and anchoring of vessels

Current through Register Vol. 54, No. 28, July 13, 2024
When a vessel which has taken aboard a state-licensed pilot
				  is docking, undocking or anchoring, the state-licensed pilot shall remain on
				  the bridge, attentive to duty, until the vessel has at least one ship's line
				  secured to the dock or until the vessel is anchored properly and firmly within
				  a designated anchorage area or until the state-licensed pilot is discharged at
				  the pilot station area upon the vessel's departure to sea. This section does
				  not prohibit the master of a vessel from employing the services of a docking
				  master.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XIII - NAVIGATION COMMISSION FOR THE DELAWARE RIVER AND ITS NAVIGABLE TRIBUTARIES › Chapter 405 - PILOTS AND PILOTAGE › Section 405.20 - Pilot's report

Current through Register Vol. 54, No. 28, July 13, 2024
Every pilot who pilots a ship or vessel to the port shall
				  make a report in writing thereof to the Commissioners.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XIII - NAVIGATION COMMISSION FOR THE DELAWARE RIVER AND ITS NAVIGABLE TRIBUTARIES › Chapter 405 - PILOTS AND PILOTAGE › Section 405.21 - Accident reports

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Written report.
A pilot involved in a marine accident while on
				duty shall submit a written report of the accident within 5 days of the
				accident to the Commission at the address or fascimile number listed at the
				issuance of each license or license renewal notice if the accident results in
				one of the following:
(1) Actual physical
				damage to property in excess of $1,500.
(2) Material damage affecting the
				seaworthiness or efficiency of a vessel.
(3) Stranding or grounding.
(4) Loss of life.
(5) Injury causing a person to remain
				hospitalized in excess of 72 hours.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XIII - NAVIGATION COMMISSION FOR THE DELAWARE RIVER AND ITS NAVIGABLE TRIBUTARIES › Chapter 405 - PILOTS AND PILOTAGE › Section 405.30 - Compensation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In case a
				pilot, having charge of a vessel and while conducting such vessel, be detained
				by order of the master, owner or consignee of the vessel, by ice, or by any
				other unavoidable circumstance not personal to himself, the pilot shall receive
				compensation for such detention at the rate of $3.00 per day for each and every
				day so detained, commencing at a period of 24 hours from the time the detention
				first occurred.
(b) If any
				first-class pilot, having a boat attending him, shall be carried to sea in any
				ship or vessel contrary to his inclination, by stress of weather or other
				unavoidable accident, the master, owner or consignee of such ship or vessel
				shall pay to such pilot, his executors, or administrators the same wages as the
				master of such vessel receives until the return of such pilot to the Capes or,
				in case the pilot dies while so absent, until the time of his death. If any
				second-class pilot shall be carried off as provided in this subsection, the
				wage scale shall be that of the first mate of the vessel. If any third-class or
				fourth-class pilot shall be carried off as provided in this subsection that
				wage scale shall be that of the seamen of the vessel. If any pilot, not having
				a boat attending him, shall be carried to sea as provided in this subsection,
				he shall be paid 1/2 the wages he would have been entitled to had a boat been
				attending.
(c) If any inward-bound
				ship or vessel, having a pilot on board, shall be prevented by ice or by any
				other cause from proceeding to the port and shall be compelled to proceed to
				some other port or place not in the bay and River, the pilot shall be entitled
				to receive and recover from the owner or consignee of such ship or vessel full
				pilotage as if he had conducted such ship or vessel to the port, and the pilot
				shall also receive the sum of 8¢ for each and every mile he shall travel
				to his usual place of abode.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XIII - NAVIGATION COMMISSION FOR THE DELAWARE RIVER AND ITS NAVIGABLE TRIBUTARIES › Chapter 405 - PILOTS AND PILOTAGE › Section 405.32 - Disputes

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In all cases
				when extraordinary services have been rendered by any pilot, the Commissioners
				will, in case the parties cannot agree, determine the compensation to be
				allowed for such services after hearing the dispute.
(b) Upon receipt of written request from the
				pilot clearly stating the facts of the extraordinary services within 30 days of
				the completion of such service, the Commission will give notice to both parties
				of the time and place of hearing such dispute.