reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter A - DIRECTIVES MANAGEMENT SYSTEM › Section 1.3 - Responsibility

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Secretary
				  of Administration is responsible for operating the Directives Management
				  System. Those responsibilities include the issuance of detailed instructions
				  for operation of the system, ensuring that communications are reviewed for
				  completeness and for their impact on other agencies and procedures, assuring
				  consistency between publications, editing, maintenance of a distribution
				  scheme, periodic publication of an index to current issuances and maintenance
				  of back-up files on items issued.
(b) Originating offices are responsible for
				  the technical content and propriety of all documents issued through the
				  Directives Management System.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter A - DIRECTIVES MANAGEMENT SYSTEM › Section 1.3a - Rescission

Current through Register Vol. 54, No. 28, July 13, 2024
Executive Order 1974-7, published at 6 Pa.B. 2640 (October
					 23, 1976), is rescinded.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter A - DIRECTIVES MANAGEMENT SYSTEM › Section 1.5 - Office hours

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Under
				  sections 221 and 709(d) of The Administrative Code of 1929 (71 P. S. §
											§
											81 and
				  249(d)), the Executive Board
				  has, in a resolution dated September 26, 1985, determined the hours when the
				  central administrative offices of State Government are to be open for the
				  transaction of public business at least 8 hours each day, except Saturdays,
				  Sundays, and selected holidays as determined by the Executive Board.
(b) An agency may authorize employees to work
				  a standard schedule at hours outside the office hours shown on the schedule of
				  office hours. An agency may assign employees to work staggered work hours to
				  meet program or operational needs, or approve employee requests to accommodate
				  transportation, family care, education, or other compelling reasons. An agency
				  also may establish, with Office of Administration approval, alternate work
				  schedules andflex-time arrangements for operational units that measurably will
				  improve efficiency and/or client service. Such scheduling variations outside of
				  an agency's standard operating hours cannot impair the operational efficiency
				  or client service provided by the agency.
(c) The opening and closing hours of field
				  administrative offices shall be determined by each agency head in a manner
				  consistent with its operational needs and in conformance with section 221 of
				  The Administrative Code.
(d)
				  Requests for changes to the schedule shall be forwarded to the Secretary of
				  Administration, with justification, for consideration by the Executive
				  Board.
(e) The schedule of office
				  hours is as follows: 7:30 a.m.-4 p.m. Liquor Control Board; 7:30 a.m.-4:30 p.m.
				  Civil Service Commission, Public School Employees' Retirement System; 7:30
				  a.m.-5 p.m. Executive Offices, Revenue; 7:45 a.m.-4:15 p.m. Pa. Municipal
				  Retirement System; 8 a.m.-4 p.m. Agriculture, Emergency Management Agency, Fish
				  and Boat Commission, Game Commission, Milk Marketing Board; 8 a.m.-4:30 p.m.
				  Environmental Protection, Insurance, Public Utility Commission, State
				  Employees' Retirement System, State Tax Equalization Board, Transportation,
				  Treasury; 8 a.m.-5 p.m. Conservation and Natural Resources, Corrections,
				  Education, General Services, Health, Labor and Industry, Public Television
				  Network Commission, State; 8:15 a.m.- 94:15 p.m. State Police; 8:15 a.m.-4:30
				  p.m. Military and Veterans Affairs; 8:30 a.m.-4:45 p.m. Probation and Parole
				  Board; 8:30 a.m.-5 p.m. Aging, Attorney General, Auditor General, Banking,
				  Community and Economic Development, Governor's Office, Historical and Museum
				  Commission, Lieutenant Governor's Office, Public Welfare, Securities
				  Commission.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter B - HEALTH CARE › Section 1.35 - Purpose of the State Center of Health Statistics and Research

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to serving as the focal point for coordinating
					 the collection, analysis and dissemination of health data, the State Center for
					 Health Statistics and Research shall:
(1) Provide statistical support services to
				  meet the needs of Federal, State and local data users and providers in both
				  public and private sectors.
(2)
				  Continue its commitment to reducing duplication of data collection and
				  processing through shared data systems to:
(i) Improve the quality, timeliness and
				  comparability of health statistics.
(ii) Analyze and disseminate information on
				  the health status of Pennsylvanians and utilization of the health care delivery
				  system.
(iii) Provide equal access
				  to data to appropriate data users. Access shall be limited by provisions of
				  guarantees for the confidentiality of individually identifiable data.
(iv) Support the goals and objectives of a
				  National cooperative health statistics system.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter B - HEALTH CARE › Section 1.36 - Cooperation by State agencies

Current through Register Vol. 54, No. 28, July 13, 2024
Agencies under the jurisdiction of the Governor shall
					 cooperate and provide information to the State Center for Health Statistics and
					 Research in the performance of its functions.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter C - INTERPRETATION OF THE SUNSHINE ACT OF 1986 AS APPLIED TO EXECUTIVE AGENCIES › Section 1.42 - Agencies

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
				  provisions.
This subchapter applies to an agency of the executive
				  branch of the government of the Commonwealth which:
(1) Is created by or under a
				  statute.
(2) Performs, or has for
				  its purpose the performance of essential governmental functions.
(3) Exercises governmental functions through
				  the joint action of two or more individual members of the agency.
(4) Takes official
				  action.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter C - INTERPRETATION OF THE SUNSHINE ACT OF 1986 AS APPLIED TO EXECUTIVE AGENCIES › Section 1.43 - Official action

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Covered activities.
Official action by a quorum of the members
				  of an agency shall be subject to this subchapter if the members of the agency
				  at a meeting vote or otherwise make a decision regarding one of the following:
(1) The adoption of recommendations made
				  under a law or executive order.
(2)
				  The establishment of policies of general or widespread prospective
				  applicability.
(3) The adoption of
				  a motion, proposal, resolution, rule, regulation, report or order.
(4) The creation of liability by contract or
				  otherwise.
(5) The adjudication of
				  rights, duties or responsibilities.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter C - INTERPRETATION OF THE SUNSHINE ACT OF 1986 AS APPLIED TO EXECUTIVE AGENCIES › Section 1.44 - Deliberations

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Scope.
Deliberations by a quorum of the members of an agency
				  shall be subject to this subchapter if the members of the agency discuss agency
				  business for the purpose of making a decision.
(b)
Presumption.
It shall be
				  presumed that whenever a quorum of an agency meets by prearrangement to discuss
				  agency business that the meeting occurs for the purpose of making a decision
				  unless based upon clear and convincing evidence the meeting does not satisfy
				  the criteria in subsection (b).
(c)
Covered discussions.
Discussions are held for the purpose of
				  making a decision if the following exist:
(1)
				  The agency is scheduled to take or reasonably anticipates taking official
				  action involving a decision on agency business in the reasonably immediate
				  future.
(2) The agency has
				  formulated recommendations, policies, motions, proposals, resolutions, rules,
				  regulations, reports or orders relating to agency business upon which decisions
				  will be made or with reasonable specificity has indentified courses of agency
				  action upon which the recommendations, policies, motions, proposals,
				  resolutions, rules, regulations, reports or orders will be prepared.
(3) The discussions involve direct or
				  indirect indications of how individual members of the agency will vote upon
				  matters subject to official action by the agency.
(4) The discussions occur at a prearranged
				  gathering of the members of the agency held for the purpose of deliberations
				  upon agency business or the meeting is held for another purpose and the meeting
				  includes a significant or substantial amount of deliberation among a quorum of
				  the members of the agency.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter C - INTERPRETATION OF THE SUNSHINE ACT OF 1986 AS APPLIED TO EXECUTIVE AGENCIES › Section 1.45 - Executive sessions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Purpose.
An agency may hold a meeting from which the public is
				  excluded for one or more of the purposes in §
										§ 1.46-1.51.
(b)
Attendance.
An agency
				  may admit to an executive session persons necessary to carry out the purpose of
				  the meeting. The persons may include, but are not limited to, agency staff,
				  legal and technical advisors and individuals and their representatives who may
				  be affected by matters to be discussed at an executive session. An agency may
				  also meet with auditors and legislative investigatory committees in an
				  executive session.
(c)
Procedure.
An executive session may be held during an open
				  meeting, at the conclusion of an open meeting or may be announced for a future
				  time at an open meeting. If an agency conducts an executive session which was
				  not announced at an open meeting, the agency shall give each of its members at
				  least 24 hours' notice in advance of the time of the meeting unless all of the
				  members of an agency by unanimous agreement waive the requirement for the
				  notice.
(d)
Notice.
At the open meeting occurring immediately prior or
				  subsequent to an executive session, the agency shall announce and include
				  within its minutes, the date, time, location and purpose of the executive
				  session. The purpose of an executive session may be explained by a general
				  reference to the types or categories of subjects discussed at the session and
				  need not identify with specificity persons or matters considered during the
				  meeting.
(e)
Official
				  action.
Unless otherwise provided by law or exempt under §
										1.59 (relating to exemptions), a
				  meeting at which a quorum of the members of an agency take official action with
				  regard to matters discussed at an executive session shall be open to the
				  public.
(f)
Minutes.
The agency shall keep minutes of each executive
				  session in the same manner required by §
										1.52 (relating to minutes) for open
				  meetings. The minutes of executive sessions do not constitute records available
				  for public inspection and copying.
This section cited in 4 Pa. Code §
												1.41 (relating to requirements); 4
						Pa. Code §
												1.46 (relating to personnel
						matters); 4 Pa. Code §
												1.47 (relating to labor relations);
						and 4 Pa. Code §
												1.52 (relating to
						minutes).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter C - INTERPRETATION OF THE SUNSHINE ACT OF 1986 AS APPLIED TO EXECUTIVE AGENCIES › Section 1.46 - Personnel matters

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Scope.
An agency may hold an executive session to discuss a
				  matter related to the employment, appointment, termination of employment,
				  evaluation of performance, promotion or disciplining of a specific prospective,
				  current or former public officer or employe employed by the agency.
(b)
Closed hearings.
An
				  executive session may include, at the discretion of the agency, a closed
				  hearing attended by the individual subject to the proceedings and the
				  individual's legal representative. Unless otherwise provided by law, the record
				  of the hearing is not a record available to the public for copying and
				  examination.
(c)
Requests
				  for open meetings.
Unless otherwise provided by law, the individual
				  whose rights could be adversely affected by discussions at an executive session
				  regarding personnel matters may request, in writing, that the matters be
				  discussed at an open meeting. The request shall include a specific waiver of
				  the rights to confidentiality regarding personnel records, reports and other
				  matters material to the proceedings to the extent the records, reports or other
				  matters are discussed at an open meeting. The agency may grant or deny a
				  request to conduct discussions in an open meeting. The agency shall deny the
				  request to conduct the discussions at an open meeting if the meeting would
				  impair the progress of an investigation by the agency into other or related
				  matters concerning the official duties of the agency or would operate to the
				  improper prejudice or impairment of another person's personal safety or
				  reputation.
(d)
Official
				  actions and suspensions.
Unless otherwise provided by law and as
				  required under §
										1.45(e) (relating
				  to executive sessions), a meeting by a quorum of the members of the agency at
				  which official action is taken to hire, appoint, terminate, reward, promote or
				  discipline an employe shall be open to the public. The agency may, pending the
				  formal action, temporarily suspend an employe or public official under
				  procedures established by the Office of Administration or the Executive
				  Board.
This section cited in 4 Pa. Code §
												1.45 (relating to executive
						sessions).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter C - INTERPRETATION OF THE SUNSHINE ACT OF 1986 AS APPLIED TO EXECUTIVE AGENCIES › Section 1.47 - Labor relations

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Scope.
An agency may conduct an executive session to hold
				  information, strategy and negotiation sessions related to the negotiation or
				  arbitration of a collective bargaining agreement or, in the absence of a
				  collective bargaining unit, related to labor relations and
				  arbitration.
(b)
Attendance.
An executive session to consider labor relations
				  matters session may be attended, at the discretion of the agency, by
				  representatives of employes or their bargaining organizations.
(c)
Official actions.
Unless
				  otherwise provided by law and as required under §
										1.45(e) (relating
				  to executive sessions), a meeting by a quorum of the members of the agency to
				  adopt a collective bargaining agreement or other labor contract, award or
				  agreement shall be open to the public. The agency may make decisions regarding
				  strategy and offers made in the court of negotiation at an executive
				  session.
This section cited in 4 Pa. Code §
												1.45 (relating to executive
						sessions).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter C - INTERPRETATION OF THE SUNSHINE ACT OF 1986 AS APPLIED TO EXECUTIVE AGENCIES › Section 1.48 - Purchase or lease of property

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Scope.
An agency may conduct an executive session to consider
				  the purchase or lease of real property up to the time an option to purchase or
				  lease the real property is obtained or up to the time an agreement to purchase
				  or lease the property is obtained if the agreement is obtained directly without
				  an option. Agencies should utilize executive sessions to consider the
				  acquisition or lease of real property only in circumstances in which the public
				  disclosure of the considerations is likely to lead to speculation, collusion
				  among sellers or other events likely to increase the cost to the Commonwealth
				  of acquiring or leasing real property.
(b)
Attendance.
An executive
				  session to consider the purchase or lease of real property may be attended, at
				  the discretion of the agency, by a seller or lessor of the property or his
				  representative or agent.
(c)
Official actions.
A meeting at which an option or agreement to
				  buy or lease real property is executed by a quorum of the members of the agency
				  shall be open to the public. An agency may at an executive session give
				  preliminary acceptance to an offer of an option or agreement to buy or lease
				  real property subject to the ratification of the contract at an open
				  meeting.
This section cited in 4 Pa. Code §
												1.45 (relating to executive
						sessions).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter C - INTERPRETATION OF THE SUNSHINE ACT OF 1986 AS APPLIED TO EXECUTIVE AGENCIES › Section 1.49 - Consultation with professional advisors

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Scope.
An agency may
				  hold an executive session to consult with its attorney or other professional
				  advisor in connection with litigation or with issues upon which identifiable
				  complaints are expected to be filed. Other professional advisors include, but
				  are not limited to, accountants, actuaries, architects, engineers, health care
				  professionals, investment advisors and scientific experts. Consultations may
				  occur in an executive session whenever complaints or actions affecting the
				  interests of the agency have been filed before a court or an administrative
				  agency or can be expected to be filed in the reasonably foreseeable
				  future.
(b)
Official
				  action
. A meeting at which a quorum of the members of an agency
				  authorize agency counsel to initiate or intervene in an action, defend the
				  agency or otherwise formally participate in legal proceedings shall be open to
				  the public. An agency decision regarding specific instructions to counsel
				  regarding the content of pleadings, motions, memoranda of law or other matters
				  relating to the progress of litigation or administrative proceedings may take
				  place at an executive session.
This section cited in 4 Pa. Code §
												1.45 (relating to executive
						sessions); and 4 Pa. Code §
												1.60 (relating to
						violations).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter C - INTERPRETATION OF THE SUNSHINE ACT OF 1986 AS APPLIED TO EXECUTIVE AGENCIES › Section 1.50 - Privileged, confidential, investigatory and quasi-judicial matters

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Privileged matters.
An agency may conduct an executive session
				  to review and discuss agency business which, if conducted in public would
				  violate a lawful privilege including, but not limited to, confidential
				  communications with attorneys, executive officers of State government,
				  physicians, clergymen, licensed psychologists, school personnel and sexual
				  assault counselors.
(b)
Confidential matters.
An agency may conduct an executive
				  session to review and discuss agency business which if conducted in public
				  would lead to the disclosure of information or confidentiality protected by
				  statute including, but not limited to, matters relating to:
(1) Business or personal finances.
(2) A report, return, assessment or
				  determination relating to the payment of taxes.
(3) Business trade secrets.
(4) The physical and emotional health of
				  individuals.
(5) Information which
				  would operate to the prejudice or impairment of a person's personal reputation
				  or personal security.
(6)
				  Information the disclosure of which could result in the loss of Federal funds
				  by the Commonwealth or its political subdivisions.
(7) Benefits received by indigent or needy
				  individuals.
(8) The review of
				  contractor qualifications, bids or proposals.
(9) Criminal history information and
				  investigative files not available for public examination and copying.
(10) Other information the confidentiality of
				  which is protected by statute.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter C - INTERPRETATION OF THE SUNSHINE ACT OF 1986 AS APPLIED TO EXECUTIVE AGENCIES › Section 1.51 - Academic admission or standing

Current through Register Vol. 54, No. 28, July 13, 2024
The constituted committees of a board or council of
					 trustees of a State-owned, State-aided or State-related college or university
					 or community college or the Board of Governors to the State System of Higher
					 Education may hold executive sessions to discuss matters of academic admission
					 or standing.
This section cited in 4 Pa. Code §
												1.45 (relating to executive
						sessions).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter C - INTERPRETATION OF THE SUNSHINE ACT OF 1986 AS APPLIED TO EXECUTIVE AGENCIES › Section 1.52 - Minutes

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Content.
Written minutes of open meetings shall contain the
				  following information:
(1) The date, time and
				  place of the meeting.
(2) The names
				  of members present.
(3) The
				  substance of official actions and a record by individual members of the roll
				  call votes taken.
(4) The names of
				  citizens who appeared officially and the subject of their testimony.
(5) Evidence of compliance with the notice
				  requirements of §
											1.53 (relating to notice) or §
											1.54(b) (relating
				  to emergency meetings).
(6) The
				  justification for an emergency meeting as required by § 1.54(a).
(7) A record of an executive session
				  conducted or planned as required by §
											1.45(d) (relating
				  to executive sessions).
(8) Whether
				  an official transcript or recording has been prepared or whether the use of
				  recording devices by other persons has been registered under §
											1.55(c) (relating
				  to rules and regulations).
(9) A
				  record of notational voting conducted by the agency under §
											1.43(c)(4) 
				  (relating to official action).
(10)
				  Other information required by law, this subchapter or which the agency
				  determines is appropriate to include in the record of agency
				  proceedings.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter C - INTERPRETATION OF THE SUNSHINE ACT OF 1986 AS APPLIED TO EXECUTIVE AGENCIES › Section 1.54 - Emergency meetings

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Purpose.
An agency may conduct a meeting to deal with a real
				  or potential emergency involving a clear and present danger to life or property
				  without compliance with the notice requirements of §
										1.53 (relating to notice). At an
				  emergency meeting, the agency shall explain with specificity the justification
				  for conducting an emergency meeting and include the justification within the
				  minutes of the agency proceeding.
(b)
Notice.
Prior to
				  conducting an emergency meeting, the agency shall take whatever actions are
				  practical and appropriate to provide actual advance notice regarding the
				  meeting, especially to individuals or organizations with a direct and
				  substantial interest in official action scheduled to be taken at the meeting.
				  The notification may include press releases, personal notification of affected
				  parties, the provision of notices to the supervisor of the newsroom in the
				  State Capitol Building and the posting of notices at the site of the emergency
				  meeting.
This section cited in 4 Pa. Code §
												1.41 (relating to requirements);
						and 4 Pa. Code §
												1.52 (relating to
						minutes).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter C - INTERPRETATION OF THE SUNSHINE ACT OF 1986 AS APPLIED TO EXECUTIVE AGENCIES › Section 1.55 - Rules and regulations

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Conduct of open meetings.
An agency may adopt, by official
				  action taken at a public meeting, rules and regulations or bylaws necessary for
				  the conduct of its meetings and the maintenance of order. The regulations may
				  include procedures for:
(1) Public
				  participation in meetings including the presentation of official testimony
				  under §
											1.52(b)  (relating
				  to minutes), as well as the presentation of unofficial comments by members of
				  the public.
(2) The manner in which
				  topics may be placed upon an agency agenda for deliberations and official
				  action.
(3) Limiting debate and
				  discussion of agency business.
(4)
				  Delegating responsibility to committees of the agency and to individual agency
				  officials.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter C - INTERPRETATION OF THE SUNSHINE ACT OF 1986 AS APPLIED TO EXECUTIVE AGENCIES › Section 1.56 - Use of recording devices

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Permissible activities.
A person attending an open meeting of
				  an agency shall have the right to take written or stenographic notes of agency
				  proceedings or utilize audio or video recording devices to record proceedings
				  at an open meeting.
(b)
Rules and regulations.
An agency may adopt rules and
				  regulations governing the use of recording devices. The regulations may:
(1) Require prior registration with the
				  agency by individuals wishing to utilize recording devices who require special
				  accommodations within the meeting room in order to provide adequate facilities
				  and arrangements to facilitate the use of the devices. The regulations may not
				  prohibit the use of recording devices without prior registration.
(2) Limit the use of recording devices to
				  certain areas within a meeting room in order to avoid blocking the public view
				  of agency proceedings or the creation of a distraction or interference with
				  agency proceedings and prohibit the unreasonable use of noisy or distracting
				  recording devices if the use of the devices interferes with the effective
				  conduct of an open meeting. The regulations may not deprive members of the
				  public of reasonable access necessary to record agency proceedings.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter C - INTERPRETATION OF THE SUNSHINE ACT OF 1986 AS APPLIED TO EXECUTIVE AGENCIES › Section 1.57 - Conferences

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Scope.
The quorum of the members of an agency may participate
				  in a training program or seminar which is organized and conducted for the sole
				  purpose of providing information to agency members on matters directly related
				  to their official responsibilities without compliance with this subchapter. A
				  conference may be organized by the agency, its staff or other persons, groups
				  or organizations and may be attended either solely by members and staff of the
				  agency or may include other persons, groups or organizations.
(b)
Prohibited activities.
A
				  conference attended by a quorum of the members of an agency is subject to this
				  subchapter if the conference includes a significant or substantial amount of
				  deliberation among members of the agency. A conference is not subject to this
				  subchapter if the purpose and predominant activity for which the meeting is
				  held is to provide information to members of the agency needed in order to
				  conduct future deliberations or take future formal actions. Incidental
				  discussions regarding agency business may permissibly occur at conferences not
				  subject to this subchapter, but agency members shall avoid discussions at
				  conferences which directly or indirectly indicate how members will vote upon
				  matters subject to official action by an agency.
(c)
Attendance by less than a
				  quorum
. This subchapter does not apply to the participation in
				  training programs or seminars by less than a quorum of the members of an
				  agency.
This section cited in 4 Pa. Code §
												1.41 (relating to
						requirements).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter C - INTERPRETATION OF THE SUNSHINE ACT OF 1986 AS APPLIED TO EXECUTIVE AGENCIES › Section 1.58 - Administrative action

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Scope.
Official action and deliberations by a quorum of the
				  members of an agency are not subject to this chapter if the official action and
				  deliberations predominantly and primarily involve administrative action.
				  Administrative action is the execution of policies relating to persons and
				  things previously authorized or required by official action of the agency
				  adopted at an open meeting of the agency. Administrative action includes, but
				  is not limited to:
(1) Matters related to
				  internal agency operations.
(2) The
				  issuance of permits or licenses based upon nondiscretionary criteria.
(3) Matters related to intergovernmental
				  coordination and cooperation within the executive branch.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter C - INTERPRETATION OF THE SUNSHINE ACT OF 1986 AS APPLIED TO EXECUTIVE AGENCIES › Section 1.59 - Exemptions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Scope.
This subchapter does not apply to meetings of the
				  quorum of the members of an agency to conduct deliberations or official actions
				  regarding matters for which the taking of official action at an open meeting
				  will violate a lawful privilege as defined by §
										1.50(a) (relating
				  to privileged, confidential, investigatory and quasi-judicial matters) or lead
				  to the disclosure of information or confidentiality protected by law (as
				  defined by §
										1.50(b)),
				  including matters related to the investigation of possible or certain
				  violations of statute (under §
										1.50(c)) and
				  quasi-judicial deliberations (under §
										1.50(d)). If an
				  agency may take official action at an open meeting without violating a lawful
				  privilege or disclosing confidential information, official actions and
				  deliberations with regard to the matters are subject to the requirements of
				  this subchapter, but deliberations regarding such matters may occur at an
				  executive session under § 1.50.
(b)
Quasi-judicial
				  deliberations.
Unless otherwise provided by statute, official actions
				  with respect to formal adjudications conducted under 2 Pa.C.S. (relating to
				  administrative law and procedure) or similar statutes are exempt from this
				  subchapter unless the adjudications involve general rules or other orders in
				  the nature of regulations.
(c)
Budget preparation meetings.
Meetings of quorum of the members
				  of an agency to conduct official actions and deliberations with regard to
				  budget recommendations to be submitted to the Secretary of the Budget are not
				  subject to this subchapter unless the Governor waives the privilege to
				  confidentiality with regard to recommendations received from the
				  agency.
This section cited in 4 Pa. Code §
												1.41 (relating to requirements); 4
						Pa. Code §
												1.45 (relating to executive
						sessions); and 4 Pa. Code §
												1.50 (relating to privileged,
						confidential, investigatory and quasijudicial
						matters).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter C - INTERPRETATION OF THE SUNSHINE ACT OF 1986 AS APPLIED TO EXECUTIVE AGENCIES › Section 1.60 - Violations

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Formal
				  adjudications.
An agency may not conduct a formal adjudication
				  regarding the question of whether meetings have been conducted in compliance
				  with this subchapter. Original jurisdiction to determine whether the actions of
				  an agency has complied with this subchapter is vested in Commonwealth Court
				  under section 15 of the Sunshine Act (65 P. S. §
											285).
(b)
Complaints.
Upon receipt
				  of a complaint that the actions of an agency allegedly violated this
				  subchapter, the agency shall refer the matter to its chief counsel to render an
				  advisory opinion. The Chief Counsel shall investigate whether or not the agency
				  has complied with this subchapter and provide advice in the form of a
				  confidential attorney-client communication to the agency. The agency may review
				  the advice received from its counsel in an executive session conducted under
				  §
										1.49 (relating to consultation with
				  professional advisors).
(c)
Corrective action.
If, following the review of the advice of
				  counsel in an executive session, the agency determines that it may have
				  violated this subchapter, the agency shall announce the finding at an open
				  meeting and develop and implement a plan of corrective action. Implementation
				  of a plan of corrective action which provides for required public deliberations
				  and official actions may be deemed by the agency to ratify good faith actions
				  allegedly taken in violation of this subchapter. The ratification of prior
				  agency action may validate the action effective upon the date of completion of
				  remedial action and may at the discretion of the agency apply retroactively to
				  the date of original agency action. If an agency deems a ratification of
				  previously defective actions to apply retroactively, the action may not impair
				  vested rights or obligations until the date upon which corrective action is
				  complete.
(d)
Deemed
				  approval.
Except under the order of a court of competent jurisdiction,
				  whenever under a statute or regulation the failure of an agency to take
				  official action constitutes approval of a request for agency action, the
				  failure of an agency to comply with this subchapter in disapproving the request
				  does not constitute an approval of the request.
This section cited in 4 Pa. Code §
												1.41 (relating to
						requirements).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter C - INTERPRETATION OF THE SUNSHINE ACT OF 1986 AS APPLIED TO EXECUTIVE AGENCIES › Section 1.61 - Force and effect

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter constitutes legal advice rendered to
					 executive agencies of the Commonwealth under the jurisdiction of the Governor
					 under section 301(3) of the Commonwealth Attorneys Act (71 P. S. §
											732-301(3)). This legal
					 advice is codified in this subchapter as a statement of policy which is
					 permanent and general in nature containing an interpretation of a statute
					 issued without reliance upon express or implied rulemaking authority as
					 provided by 1 Pa. Code §
										§
										1.4 and
					 3.26a (relating to definitions; and
					 statements of policy). As a statement of policy, this subchapter is directory,
					 rather than mandatory, and is not intended to have the force and effect of law.
					 This subchapter is intended to provide advice and guidance to agencies under
					 the jurisdiction of the Governor regarding the execution of statutory duties
					 and responsibilities.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter D - PUBLIC INFORMATION POLICIES AND PRACTICES › Section 1.71 - Policy

Current through Register Vol. 54, No. 28, July 13, 2024
It is the policy of the government of the Commonwealth to
					 build effective communication between itself and the citizens of this
					 Commonwealth and, as far as is humanly and legally possible, to provide citizen
					 access to the facts about State government. All Commonwealth public information
					 activities shall function in a manner consistent with such
					 policy.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter D - PUBLIC INFORMATION POLICIES AND PRACTICES › Section 1.72 - Agency public information activities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each agency of State government shall
				  maintain an office of public information, unless authorized to eliminate this
				  function by the Director of Public Information for the Governor's
				  Office.
(b) The director of public
				  information in each agency should have direct, daily access to the head of the
				  agency and should report directly to him.
(c) The director of public information in
				  each agency should be a member of any communications advisory committee
				  appointed by the agency head, and should be involved in the discussion of all
				  policy.
(d) All personnel of each
				  agency should be informed in writing of the commitment of the Commonwealth to
				  freedom of information. Public records and information, except those which are
				  deemed confidential or privileged as a matter of law, should be made available
				  to representatives of the public and the news media.
(e) Procedures for furnishing information to
				  the news media and the public should be detailed for the guidance of all
				  personnel in each agency.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter D - PUBLIC INFORMATION POLICIES AND PRACTICES › Section 1.73 - Coordination with the Governor's Office

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Director of Public Information for
				  the Governor's Office shall administer the public information activities of
				  departments, boards, commissions, and other State agencies under the
				  jurisdiction of the Governor.
(b)
				  The Director of Public Information for the Governor's Office shall be consulted
				  regarding all public information personnel.
(c) The Director of Public Information for
				  the Governor's Office, in order to expedite the two-way flow of information
				  between the government of the Commonwealth and the people, will work as closely
				  as possible with the heads of all agencies and their public information
				  offices.
(d) The Director of Public
				  Information for the Governor's Office shall be consulted on publications
				  planned by agencies under the Governor's jurisdiction and shall review at
				  regular intervals all publications distributed by the agencies to determine the
				  value of retaining them.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter K - RECORDS MANAGEMENT › Section 1.141 - Responsibilities

Current through Register Vol. 54, No. 28, July 13, 2024
The Secretary of Administration will administer the records
					 management program for the Commonwealth. The Secretary will determine policies,
					 consistent with section 2813-C of The Administrative Code of 1929
					 (71
					 P.S. §
											71-720.13), develop standards and
					 establish procedures to control the maintenance, transfer, microfilming,
					 preservation, retention and disposition of records and the acquisition of
					 filing equipment.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter K - RECORDS MANAGEMENT › Section 1.142 - Implementation of program

Current through Register Vol. 54, No. 28, July 13, 2024
The Historical and Museum Commission, in conjunction with
					 the Secretary of Administration, is responsible for implementing the records
					 management program. The Secretary of Administration will issue the Management
					 Directives regarding the Commonwealth's records management
					 program.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter K - RECORDS MANAGEMENT › Section 1.143 - Compliance

Current through Register Vol. 54, No. 28, July 13, 2024
The head of every department and agency shall establish and
					 maintain an active, continuing program to manage their agency's records in
					 accordance with this subchapter and implementing instructions issued through
					 the Directives Management System.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter L - ENVIRONMENTAL PROTECTION BY STATE AGENCIES › Section 1.151 - Policy

Current through Register Vol. 54, No. 28, July 13, 2024
In furtherance of the purposes and policies of the act of
					 June 22, 1937 ( P. L.
					 1987, No. 394) (35 P.S. §
											§
											691.1-691.701), the Air Pollution Control Act
					 (35
					 P.S. §
											§
											4001-4015), the
					 Pennsylvania Solid Waste Management Act (35 P.S. §
											§
											6001-6017) (Repealed), and the act of
					 June 25, 1913 ( P.L.
					 555, No. 335) (32 P.S. §
											§
											681-691) (Repealed), the following steps
					 shall be taken:
(1) The heads of
				  administrative departments, independent administrative boards and commissions
				  and other Commonwealth agencies under the jurisdiction of the Governor shall
				  ensure that the government facilities and activities of the Commonwealth comply
				  with the laws listed in this section and the regulations promulgated
				  thereunder.
(2) Environmental
				  pollution control needs shall be considered in the initial stages of planning
				  of each new installation. In addition, any construction, reconstruction or
				  additions to existing facilities, buildings and equipment shall be planned and
				  budgeted so that they comply with environmental laws and regulations.
(3) In the performance of contracts awarded
				  by Commonwealth agencies, contractors shall minimize pollution and shall
				  strictly comply with applicable environmental laws and regulations. Contracts
				  shall contain provisions requiring contractors to comply with applicable
				  environmental laws and regulations.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter L - ENVIRONMENTAL PROTECTION BY STATE AGENCIES › Section 1.152 - Responsibilities

Current through Register Vol. 54, No. 28, July 13, 2024
The Secretary of Environmental Protection will provide
					 technical advice and assistance to other agencies in connection with their
					 duties and responsibilities under this subchapter.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter P - FIREMEN AND LAW ENFORCEMENT OFFICERS' DEATH BENEFITS › Section 1.191 - Implementation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The provisions
				  of the act of June 24, 1976 ( P.L. 424, No. 101) (53 P.S. §
											§
											891-892) provide for the payment of
				  death benefits to the surviving spouse or children of firemen or law
				  enforcement officers killed in the performance of their duties.
(b) The act imposed the duties and
				  responsibilities upon the Commonwealth to make certain payments out of the
				  General Fund of the Commonwealth without specifically designating which agency
				  should perform the duties and responsibilities.
(c) These duties and responsibilities fall
				  upon the Executive Branch generally.
(d) The agency of the Executive Branch which
				  is best equipped to handle the prescribed duties and responsibilities and which
				  carries out analagous duties and responsibilities, through its Bureau of Risk
				  and Insurance Management, is the Department of General Services.
(e) The Governor has established and
				  designated the Department of General Services as the agency to carry out the
				  responsibilities under the act in conjunction with the State
				  Treasurer.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter Q - PENNSYLVANIA HUMAN RESOURCES INVESTMENT COUNCIL › Section 1.209 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
The purpose of the Pennsylvania Human Resources Investment
					 Council (Council) is to:
(1) Assess
				  the economic and workforce needs of this Commonwealth, and develop a strategic
				  plan to meet these Statewide needs.
(2) Continuously maintain a competitive
				  advantage for this Commonwealth by developing, adopting and assuring the
				  implementation of Statewide policies and goals for workforce development,
				  including:
(i) Setting performance
				  measurements and standards.
(ii)
				  Defining financial resource investment priorities and strategies.
(iii) Developing return on investment
				  criteria to measure the effectiveness of workforce development programs and
				  activities.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter Q - PENNSYLVANIA HUMAN RESOURCES INVESTMENT COUNCIL › Section 1.210 - Composition

Current through Register Vol. 54, No. 28, July 13, 2024
The Pennsylvania Human Resources Investment Council
					 (Council) has been established in accordance with the composition requirements
					 for State human resource investment councils found in Title VII of the Job
					 Training Partnership Act (29
					 U.S.C.A. §
											§
											1792-1792b)
					 or a Federally permissible alternative. In addition, the following individuals
					 serve on the Council:
(1) The
				  Secretary of Aging.
(2) The
				  Secretary of Community and Economic Development.
(3) The Secretary of Education.
(4) The Secretary of Labor and
				  Industry.
(5) The Secretary of
				  Public Welfare.
(6) The Director of
				  the Governor's Policy Office.
(7) A
				  private sector employer representative from each of the Team Pennsylvania
				  regions.