reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 37 - LAW › Part V - Bureau of Consumer Protection › Chapter 307 - PLAIN LANGUAGE CONSUMER CONTRACT PREAPPROVAL- STATEMENT OF POLICY › Section 307.5 - Exclusions

Current through Register Vol. 54, No. 28, July 13, 2024
The PLA excludes certain contracts from its application as
				  stated under section 4 of the PLA (73 P. S. §
										2204). The exclusions include:
(1) Real estate conveyance documents and
				contracts, deeds and mortgages, real estate certificates of title and title
				insurance contracts.
(2) Consumer
				contracts involving amounts of more than $50,000.
(3) Marital agreements.
(4) Contracts to buy securities.
(5) Documents used by financial institutions,
				which financial institutions are subject to examination or other supervision by
				Federal or State regulatory authorities, or documents used by affiliates,
				subsidiaries or service corporations of the financial institutions.
(6) Contracts for insurance or insurance
				policies.
(7) Contracts subject to
				examination or other supervision by the Pennsylvania Public Utility Commission
				or by the Federal Energy Regulatory Commission.
(8) Commercial leases.
Pennsylvania Code › Title 37 - LAW › Part V - Bureau of Consumer Protection › Chapter 307 - PLAIN LANGUAGE CONSUMER CONTRACT PREAPPROVAL- STATEMENT OF POLICY › Section 307.6 - Our policy in preapproving contracts

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Under section 2(b) of the PLA
				(73
				P. S. §
										2202(b)), the
				legislative intent is to promote the writing of consumer contracts in plain
				language. Section 2(b) states, that the PLA will protect consumers from making
				contracts they do not understand. Finally, the legislative intent is to help
				consumers to better know their rights and duties under those
				contracts.
(b) The OAG uses only
				the test of readability in preapproving consumer contracts. The OAG considers
				the contract as a whole. The OAG takes into account the nature and complexity
				of the transactions, the identity of the parties and the information that the
				parties need about their rights and responsibilities.
(c) We will try to provide helpful
				information. We cannot rewrite your contract for you.
Pennsylvania Code › Title 37 - LAW › Part V - Bureau of Consumer Protection › Chapter 307 - PLAIN LANGUAGE CONSUMER CONTRACT PREAPPROVAL- STATEMENT OF POLICY › Section 307.7 - Instructions for obtaining preapproval

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each contract you submit to us must be
				accompanied by a separate application for contract preapproval even if you
				submit several similar contracts. If you have several similar contracts, we
				suggest that you submit only one for preapproval. You can then use the
				preapproved contract as your model for other similar contracts. However, each
				separate contract must be preapproved before it can be represented as complying
				with the PLA.
(b) To obtain
				preapproval:
(1) Complete the application for
				contract preapproval.
(2) Enclose 3
				copies of each contract you wish preapproved.
(3) Underline in red on each copy language
				required by Federal or State law or regulation.
(4) Mail the application and 3 copies of each
				contract to:
Office of Attorney General
Bureau of Consumer Protection
14th Floor, Strawberry Square
Harrisburg, Pennsylvania 17120
Attn: PLA
Pennsylvania Code › Title 37 - LAW › Part V - Bureau of Consumer Protection › Chapter 307 - PLAIN LANGUAGE CONSUMER CONTRACT PREAPPROVAL- STATEMENT OF POLICY › Section 307.8 - How we conduct our preapproval

Current through Register Vol. 54, No. 28, July 13, 2024
We will use the test of readability as a checklist. A
				  checkmark indicates the contract fails the test of readability for preapproval
				  purposes. A number written on your contract corresponds with the number on the
				  test of readability. Please contact the Office of Attorney General if you wish
				  to check on the status of your contract.
Pennsylvania Code › Title 37 - LAW › Part V - Bureau of Consumer Protection › Chapter 307 - PLAIN LANGUAGE CONSUMER CONTRACT PREAPPROVAL- STATEMENT OF POLICY › Section 307.9 - Determination

Current through Register Vol. 54, No. 28, July 13, 2024
(a) We will return
				to you a copy of the contract and test of readability, if applicable. We will
				advise you whether the contract is preapproved as complying with the PLA. If
				the contract does not meet the test of readability under section 5 of the PLA
				(73
				P. S. §
										2205), you may make changes and
				resubmit your contract. You must complete a new application if you decide to
				submit your contract.
(b) If we
				determine that your contract is not a consumer contract subject to preapproval
				under the PLA, we will decline to preapprove it.
Pennsylvania Code › Title 37 - LAW › Part V - Bureau of Consumer Protection › Chapter 307 - PLAIN LANGUAGE CONSUMER CONTRACT PREAPPROVAL- STATEMENT OF POLICY › Section 307.10 - Effect of preapproval

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				consumer contract preapproved by the Office of Attorney General is considered
				by this Office to comply with the PLA. Preapproval of a contract will be
				considered by the Office of Attorney General as a good faith effort to comply
				with section 8(a)(3) of the PLA (73 P. S. §
										2208(a)(3)).
(b) Note the limited effect of preapproval
				under the PLA. Plain language approval of the wording and format of a contract,
				or any writing required to complete a consumer transaction, does not mean or
				imply that its contents are approved by the Office of Attorney General. An oral
				or written reference to plain language approval must be accompanied by the
				following statement:
"In the opinion of the Office of Attorney General, a
				  preapproved consumer contract meets the Test of Readability under
				  73
				  P. S. §
											2205 of the Plain Language
				  Consumer Contract Act. Preapproval of a consumer contract by the Office of
				  Attorney General only means that simple, understandable and easily readable
				  language is used. It is not an approval of the contents or legality of the
				  contract."
Pennsylvania Code › Title 37 - LAW › Part V - Bureau of Consumer Protection › Chapter 307 - PLAIN LANGUAGE CONSUMER CONTRACT PREAPPROVAL- STATEMENT OF POLICY › Appendix A - APPLICATION FOR CONTRACT PREAPPROVAL

Current through Register Vol. 54, No. 28, July 13, 2024
You must complete this Application to obtain preapproval of a
				  consumer contract under Pennsylvania's Plain Language Consumer Contract
				  Act.
1. Identify the person submitting the contract for
				  preapproval:
Name:
Title:
Organization:
Address:
Phone:
Tax I. D. # :
SS# :
Contact Person:
2. Identify the parties to the contract.
Example: landlord-tenant; seller-buyer
3. Describe the transaction covered by the contract:
4. List any State or Federal statute(s) or rule(s) which
				  requires use of specific language in the contract.
5. Have you applied for or received copyright protection for
				  the contract?
________ Yes ________No If yes, explain the status and scope
				  of copyright protection.
6. Did you use a form book or other model in preparing the
				  contract?
________Yes ________No If yes, which one?
7. Have you obtained plain language approval of this
				  contract from any other State or Federal agency? ________Yes ________No If yes,
				  which one?
8. Have you submitted this contract to the Pennsylvania
				  Office of Attorney General before? ________Yes ________No If yes, please
				  provide the Office of Attorney General File No., if known.__________
MAIL
1. A SEPARATE APPLICATION FOR EACH CONTRACT.
2. THREE (3) COPIES OF EACH CONTRACT WITH REQUIRED LANGUAGE
				  UNDERLINED IN RED.
TO: Office of Attorney General
Bureau of Consumer Protection
14th Floor, Strawberry Square
Harrisburg, Pennsylvania 17120
Attn: PLA
Pennsylvania Code › Title 37 - LAW › Part V - Bureau of Consumer Protection › Chapter 307 - PLAIN LANGUAGE CONSUMER CONTRACT PREAPPROVAL- STATEMENT OF POLICY › Appendix B - TEST OF READABILITY

Current through Register Vol. 54, No. 28, July 13, 2024
The TEST OF READABILITY is a checklist based on section 5 of
				  the PLA (73 P. S. §
										2205). A
				  checkmark indicates the contract cannot be preapproved under the Plain Language
				  Consumer Contract Act. On the document you submitted, examples indicating where
				  these problems occur are listed by number.
LANGUAGE GUIDELINES
____
1a.
Does not use short words.
____
b.
Does not use short sentences.
						  Guide: Sentence average 25 words or less.
____
c.
Does not use short paragraphs.
						  Guide: Paragraph average 60 words.
____
2.
Does not use active verbs.
____
3.
Uses technical legal terms
						  other than commonly understood legal terms.
____
4a.
Does not use familiar
						  vocabulary.
____
b.
Uses Latin and foreign words or
						  other words which require reliance upon an obsolete meaning.
____
c.
Does not rephrase legal jargon
						  and redundant words in simple language.
____
5.
Does not define words by using
						  commonly understood meanings.
____
6a.
Does not use personal
						  pronouns, the actual or shortened names of the parties, the terms "seller" and
						  "buyer" or the terms "lender" and "borrower."
____
b.
Does not use names or pronouns
						  consistently.
____
7.
Does not use sentences that
						  contain only one condition.
____
8.
Does not limit cross references
						  to brief and clear description of item to which cross reference is made.
____
9a.
Uses sentences with double
						  negatives.
____
b.
Uses exceptions to exceptions.
VISUAL GUIDELINES
____
10a.
Does not use easy to read
						  type size.
____
b.
Does not use line length that
						  makes the contract easy to read.
____
c.
Does not use column width that
						  makes the contract easy to read.
____
d.
Does not use margins that make
						  the contract easy to read.
____
e.
Does not use adequate space
						  between lines.
____
f.
Does not use adequate space
						  between paragraphs.
____
11.
Does not use boldface type for
						  caption sections and subsections.
____
12.
Does not use ink that provides
						  a sharp contrast with the paper.
CONSUMER RESTRICTIONS
____
13.
Does not contain a general
						  description of property that may be taken or affected because of a security
						  interest or contract if consumer fails to meet terms of contract.
____
14.
Does not contain contract
						  waivers of a consumer's rights in residential leases.
____
15.
Statement of consumer
						  restrictions does not appear immediately following Truth in Lending Act
						  disclosures made on the contract.
Pennsylvania Code › Title 37 - LAW › Part V - Bureau of Consumer Protection › Chapter 309 - DOG PURCHASER PROTECTION › Section 309.1 - 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:
Kennel
-A kennel as defined in section 102
				  of the Dog Law (3 P. S. §
										459-101) or a
				  dealer licensed by the United States Department of Agriculture under section 4
				  of the Animal Welfare Act (7
				  U.S.C.A. §
										2134).
Pet shop
-A pet shop-kennel as defined in
				  section 102 of the Dog Law.
Seller
-A kennel, pet shop operator or other
				  individual who sells dogs to the public and who owns or operates a kennel or
				  pet shop licensed by the Department of Agriculture or the United States
				  Department of Agriculture. The term does not include nonprofit kennels as
				  defined under section 102 of the Dog Law.
Veterinarian
-An individual licensed under
				  the laws of the Commonwealth or another state to practice veterinary medicine
				  and surgery.
Pennsylvania Code › Title 37 - LAW › Part VI - Commission on Crime and Delinquency › Chapter 401 - PRELIMINARY PROVISIONS › 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:
Act 274
-The act of November 22, 1978 (P.
					 L. 1166, No. 274) (71 P. S. §§
											1190.21-1190.32).
Chairman
-The Chairman of the Commission.
Commission
-The Pennsylvania Commission on
					 Crime and Delinquency established by section 2 of Act 274 (71 P. S. §
											1190.22).
Commissioner
-A member or the Chairman of
					 the Commission.
Crime Control Act
-Title I, Omnibus Crime
					 Control and Safe Streets Act of 1968, as amended (42 U.S.C.A. §
											3701 et seq.).
Executive Director
-The Executive Director
					 of the Commission.
Juvenile Justice Act
-Juvenile Justice and
					 Delinquency Prevention Act of 1974,
					 5 U.S.C. §
											5108;
					 18 U.S.C. §§
											4351-4353 and
					 5031-5042;
					 42 U.S.C. A. §§
											3701,
					 3723,
					 3733,
					 3758,
					 3772 -
					 3774,
					 3811 -
					 3814,
					 3821,
					 3882,
					 3883,
					 3888,
					 5601 -
					 5603,
					 5611 -
					 5619,
					 5651-5661,
					 5671,
					 5672,
					 5701,
					 5702,
					 5711 -
					 5716,
					 5731,
					 5732,
					 5741 and
					 5751.
Juvenile Justice and Delinquency Prevention
					 Committee
-The advisory committee for juvenile justice and delinquency
					 prevention established by section 6 of Act 274 (71 P. S. §
											1190.26).
Regional Advisory Committee
-An advisory
					 committee for regional criminal justice planning established by section 8 of
					 Act 274 (71 P. S. §
											1190.28).
					 (Editor's Note: The Regional Advisory Committee has been replaced by local
					 criminal justice planning agencies pursuant to the act of December 17, 1981 (P.
					 L. 429, No. 134)
Pennsylvania Code › Title 37 - LAW › Part VI - Commission on Crime and Delinquency › Chapter 401 - PRELIMINARY PROVISIONS › COMMISSION › Section 401.12 - Conflict of interest

Current through Register Vol. 54, No. 28, July 13, 2024
(a) No
				  Commissioner will participate personally, through decision, disapproval,
				  recommendation, the rendering of advice, investigation or otherwise, in any
				  proceeding, application, request for a ruling, contract, grant, claim,
				  controversy, or other particular matter in which LEAA funds are used where, to
				  his knowledge, he or his immediate family, partners, organization-other than a
				  public agency-in which he is serving as officer, director, trustee, partner or
				  employe, or any person or organization with whom he is negotiating or has any
				  arrangement concerning prospective employment, has a financial
				  interest.
(b) The appearance of
				  conflict of interest is as undesirable as an actual conflict of interest and an
				  appearance of impropriety is to be avoided by Commissioners. It is the policy
				  of the Commission that those Commissioners who have a conflict of interest will
				  disqualify themselves from voting on any matter for which the conflict exists.
				  A conflict of interest exists when the vote of a Commissioner is influenced or
				  may appear to the public to be influenced by some consideration apart from the
				  merits of the issue being voted upon. The disqualification of a Commissioner
				  will be a matter of personal decision to each Commissioner.
(c) In the event a Commissioner is in doubt
				  concerning the existence or appearance of conflict of interest as to himself in
				  any matter, he may request a determination of that issue by the
				  Chairman.
Pennsylvania Code › Title 37 - LAW › Part VI - Commission on Crime and Delinquency › Chapter 401 - PRELIMINARY PROVISIONS › COMMISSION › Section 401.13 - Public access to records

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  public records of the Commission will be open for examination and inspection by
				  a member of the public at the Commission's Harrisburg offices during regular
				  Commonwealth business hours.
(b)
				  Photocopies of its public records will be produced on request by the
				  Commission, subject to the following fees:
(1)
				  Each page-25¢
(2) Each page,
				  certified-$1.00
Pennsylvania Code › Title 37 - LAW › Part VI - Commission on Crime and Delinquency › Chapter 405 - GRANTS MANAGEMENT › Section 405.3 - Juvenile Justice Act funding transition

Current through Register Vol. 54, No. 28, July 13, 2024
No application for Juvenile Justice Act funds to support a
				  new program of juvenile predispositional or postadjudicatory services for
				  status offenders will be accepted by the Commission after December 1,
				  1980.
Pennsylvania Code › Title 37 - LAW › Part VI - Commission on Crime and Delinquency › Chapter 405 - GRANTS MANAGEMENT › Section 405.4 - Modification of match for juvenile justice projects

Current through Register Vol. 54, No. 28, July 13, 2024
The matching contribution required in an application for
				  Crime Control Act funds to support a juvenile justice project shall be the same
				  as that required under existing Commission policies for an application for
				  Juvenile Justice Act funds.
Pennsylvania Code › Title 37 - LAW › Part VI - Commission on Crime and Delinquency › Chapter 407 - ADMINISTRATIVE PROCEEDINGS › APPEALS FROM REJECTIONS OF APPLICATIONS › Section 407.1 - Unappealable rejections of applications

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The rejection of an application by the
				  Executive Director or his designee as being improperly executed,
				  incomplete-lacking required information, attachments, endorsements, clearances,
				  agreements or other documentation-or not within a program category authorized
				  by Federal statutes shall be final. A rejection may not preclude the submission
				  of a corrected application by an applicant.
(b) The rejection of an application by the
				  Executive Director due to a lack of available funds in the relevant State
				  comprehensive plan program category shall be final.
Pennsylvania Code › Title 37 - LAW › Part VI - Commission on Crime and Delinquency › Chapter 407 - ADMINISTRATIVE PROCEEDINGS › APPEALS FROM REJECTIONS OF APPLICATIONS › Section 407.2 - Appealable rejections of applications

Current through Register Vol. 54, No. 28, July 13, 2024
The rejection of an application by the Executive Director
					 for any of the following reasons may be appealed to the Commission:
(1) The project is inadequately described in
				  the program narrative portion of the application so that it is not feasible to
				  complete a review and fairly consider the application for funding.
(2) The application contains fiscal,
				  programmatic, legal or other deficiencies in number or a substantial nature
				  that it appears unlikely they can be rectified prior to the timely
				  consideration of the application for final approval.
(3) The project is not fundable under the
				  Commission's current funding policies and priorities.
This section cited in 37 Pa. Code §
												407.3 (relating to rejected
						applications review procedure).
Pennsylvania Code › Title 37 - LAW › Part VI - Commission on Crime and Delinquency › Chapter 407 - ADMINISTRATIVE PROCEEDINGS › APPEALS FROM REJECTIONS OF APPLICATIONS › Section 407.3 - Rejected applications review procedure

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The review shall be requested by sending
				  to the Executive Director a written request for Commission review, specifying
				  the factual and legal grounds believed to establish the incorrectness of the
				  rejection. The request for review shall be mailed or delivered to the Office of
				  the Executive Director within 20 days after the date of the rejection notice.
				  This subsection supplements 1 Pa. Code §
										31.5 (relating to communications
				  and filings generally).
(b) Upon
				  receipt of a timely request for Commission review, the Executive Director will
				  cause the matter to be placed on the agenda of a subsequent meeting of the
				  Commission for disposition and shall give written notice to the applicant of
				  that action. The notice shall specify the time and place of the Commission
				  meeting at which the appeal shall be considered and shall inform the applicant
				  of its right to appear and be heard in support of its appeal.
(c) If the Commission determines that the
				  rejection was incorrect, the application shall be deemed resubmitted for
				  further processing under current procedures and subject to a new 90-day
				  application consideration period commencing with the date of the Commission
				  determination.
(d) The rejection of
				  an application by the Executive Director under the provisions of §
										407.2(1) or (2)
				  (relating to appealable rejections of applications) may not preclude the
				  resubmission of a corrected application by the applicant.
Pennsylvania Code › Title 37 - LAW › Part VI - Commission on Crime and Delinquency › Chapter 407 - ADMINISTRATIVE PROCEEDINGS › RECONSIDERATION OF DISAPPROVED APPLICATIONS › Section 407.11 - Reconsideration permitted

Current through Register Vol. 54, No. 28, July 13, 2024
The disapproval of an application, in whole or in part, by
					 the Commission may be subject to reconsideration by the
					 Commission.
Pennsylvania Code › Title 37 - LAW › Part VI - Commission on Crime and Delinquency › Chapter 407 - ADMINISTRATIVE PROCEEDINGS › RECONSIDERATION OF DISAPPROVED APPLICATIONS › Section 407.12 - Reconsideration procedure

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Reconsideration shall be requested by sending to the Executive Director a
				  written request for Commission reconsideration, specifying the factual and
				  legal grounds believed to establish the incorrectness of the disapproval. A
				  request for reconsideration which fails to provide significant additional
				  factual information or to address any legal issues or which merely restates the
				  need for a project or the qualifications of the applicant or contractor shall
				  be considered insufficient and may be denied in writing by the Executive
				  Director. The request for Commission reconsideration shall be mailed or
				  delivered to the Office of the Executive Director within 20 days after the date
				  of the disapproval letter. This subsection supplements 1 Pa. Code §
										31.5 (relating to communications
				  and filings generally).
(b) Upon
				  receipt of a timely and sufficient request for Commission reconsideration, the
				  Executive Director will cause the matter to be placed on the agenda of a
				  subsequent meeting of the Commission for disposition and will give written
				  notice to the applicant of that action. The notice will specify the time and
				  place of the Commission meeting at which the appeal shall be considered and
				  will inform the applicant of its right to appear and be heard in support of its
				  request for reconsideration.
(c) In
				  the case of a request for reconsideration of an application concerning a
				  juvenile justice or delinquency prevention program, where the Juvenile Advisory
				  Committee has not previously reviewed the application, the Executive Director
				  will, before having the matter placed on the Commission's agenda, refer the
				  same to the Juvenile Advisory Committee for its review and recommendation. The
				  scope of the Juvenile Advisory Committee's review shall be limited to the
				  issues raised in the applicant's request for reconsideration. The Juvenile
				  Advisory Committee's review will be completed within 30 days after submission
				  of the matter to it.
(d) In the
				  case of a request for reconsideration of an application concerning a courts
				  program which had been denied funding or which received a conditional approval
				  due, in whole or in part, to the recommendation of the Judicial Planning
				  Committee or its Secretariat, the Executive Director will, before having the
				  matter placed on the Commission's agenda, refer the same to the Judicial
				  Planning Committee for its review and recommendation. The scope of the Judicial
				  Planning Committee's review will be limited to the issues raised in the
				  applicant's request for reconsideration. The Judicial Planning Committee will
				  be allowed 30 days to respond after submission of the matter to it.
Pennsylvania Code › Title 37 - LAW › Part VI - Commission on Crime and Delinquency › Chapter 407 - ADMINISTRATIVE PROCEEDINGS › EFFECT OF APPLICATION REJECTION › Section 407.21 - Effect of application rejection

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For purposes of applying the provisions
				  of section 402(b)(3)(A) of the Crime Control Act and section 223(a) of the
				  Juvenile Justice Act, the issuance of a notice of rejection of an application
				  shall be deemed a disapproval of the application, effective on the date of
				  mailing of the notice.
(b)
				  Subsection (a) supersedes 1 Pa. Code §
										31.14(b)
				  (relating to effective dates of agency orders).
Pennsylvania Code › Title 37 - LAW › Part VI - Commission on Crime and Delinquency › Chapter 407 - ADMINISTRATIVE PROCEEDINGS › TERMINATION OF FINANCIAL ASSISTANCE › Section 407.31 - Applicability of general rules

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of 1 Pa. Code Part II (relating to general
					 rules of administrative practice and procedure) shall be applicable to
					 proceedings for the termination of financial assistance.
Pennsylvania Code › Title 37 - LAW › Part VI - Commission on Crime and Delinquency › Chapter 407 - ADMINISTRATIVE PROCEEDINGS › TERMINATION OF FINANCIAL ASSISTANCE › Section 407.32 - Initiation of subgrant termination proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Proceedings to terminate a subgrant for
				  cause prior to the expiration of the project period will be initiated by the
				  Executive Director by serving an order to show cause on the subgrantee. This
				  subsection supplements 1 Pa. Code §
										35.14 (relating to orders to show
				  cause).
(b) Where a
				  subgrantee-municipality has contracted with a private, nonprofit entity to
				  perform all or substantially all of the project's activities, a copy of the
				  order to show cause and of other pleadings, motions, orders and notices to be
				  served on the subgrantee will be sent to the entity.
(c) The initiation of termination proceedings
				  shall automatically suspend the payment of subgrant funds to the subgrantee
				  until the time as the Commission takes final action on the
				  termination.
Pennsylvania Code › Title 37 - LAW › Part VI - Commission on Crime and Delinquency › Chapter 407 - ADMINISTRATIVE PROCEEDINGS › TERMINATION OF FINANCIAL ASSISTANCE › Section 407.33 - Hearings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Following the
				  timely receipt of a subgrantee's answer, a hearing shall be scheduled before a
				  hearing examiner designated by the Executive Director. This subsection
				  supplements 1 Pa. Code §
										35.185 (relating to designation of
				  presiding officers).
(b) It will be
				  the burden of the Director of the Bureau of Administration and Finance or the
				  Chief Auditor, as the case may be, to establish by substantial evidence that
				  termination of financial assistance to the subgrantee is warranted.
(c) The hearing examiner will not be bound by
				  technical rules of evidence and all relevant and material evidence of
				  reasonably probative value shall be admissible.
Pennsylvania Code › Title 37 - LAW › Part VI - Commission on Crime and Delinquency › Chapter 407 - ADMINISTRATIVE PROCEEDINGS › TERMINATION OF FINANCIAL ASSISTANCE › Section 407.34 - Posthearing actions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) After
				  the conclusion of the hearing and after receipt of briefs and proposed findings
				  of fact and conclusions of law, if any, the hearing examiner will promptly
				  submit his report and recommendations, together with a proposed final order, to
				  the Executive Director. This subsection supersedes 1 Pa. Code §
										35.202 (relating to proceedings in
				  which proposed reports are prepared).
(b) The Executive Director will submit the
				  hearing examiner's report, recommendations, and proposed final order to the
				  Commission members for consideration at their next public meeting.
Pennsylvania Code › Title 37 - LAW › Part VI - Commission on Crime and Delinquency › Chapter 411 - CRIME VICTIMS COMPENSATION › GENERAL PROVISIONS › Section 411.1 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
Except as otherwise provided, this chapter applies to
					 claims for compensation relating to crime injuries occurring on or after
					 December 12, 2009.
The provisions of this §
												411.1 amended under section 312(3)
						of the Crime Victims Act (18 P. S. §
													11.312(3)).
Pennsylvania Code › Title 37 - LAW › Part VI - Commission on Crime and Delinquency › Chapter 411 - CRIME VICTIMS COMPENSATION › GENERAL PROVISIONS › Section 411.3 - Persons eligible for compensation

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
. Except as otherwise provided in the act, the
				  following persons are eligible for compensation:
(1) A direct victim.
(2) An intervenor.
(3) A surviving spouse, parent or child of a
				  deceased direct victim or intervenor.
(4) Other persons dependent for principal
				  support upon a deceased direct victim or intervenor.
(5) A person who assumes the obligation or
				  who pays for the crime scene cleanup, funeral or burial expenses incurred as a
				  direct result of the crime.
(6)
				  Hospitals or other licensed health care providers.
(7) Persons eligible for
				  counseling.
Pennsylvania Code › Title 37 - LAW › Part VI - Commission on Crime and Delinquency › Chapter 411 - CRIME VICTIMS COMPENSATION › CLAIMS › Section 411.11 - Filing procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  claim may be filed by a person eligible under the act and §
										411.3(a)
				  (relating to persons eligible for compensation).
(b) A claim shall be filed within the
				  prescribed time frame under section 702(b) of the act (18 P. S. §
											11.702(b)).
(c) A claimant may request compensation by
				  completing and submitting OVS's official claim forms to OVS.
(d) A claim may be filed by mail, in person
				  or electronically. If filed by mail, a claim is deemed filed on the date it is
				  postmarked. If filed by electronic means or in person, it is deemed filed on
				  the date received by OVS.
(e) When
				  OVS receives a claim, a claim number is assigned and the data is entered into
				  OVS's records.
(f) In determining
				  whether the direct victim or intervenor complied with the act's requirement of
				  reporting the crime to proper authorities within the prescribed time period
				  after the occurrence of the crime, the following apply:
(1) Proper authorities may include a law
				  enforcement officer; district attorney or other applicable prosecutorial
				  authority; district justice; military police; campus police; United States
				  Postal Inspection Service; appropriate hospital security; probation and parole
				  officer; child protective services; adult protective services or, in the case
				  of a PFA order, the prothonotary or equivalent authority. If the crime occurs
				  in a foreign country, a proper authority includes the United States
				  consulate.
(2) OVS may consider a
				  delay past the prescribed time period to be justified when one of the following
				  circumstances exist:
(i) The direct victim,
				  intervenor or claimant is mentally or physically incapacitated.
(ii) The victim is a minor.
(iii) There is a fear of
				  retaliation.
(iv) The occurrence of
				  the crime is not readily apparent.
(v) Other circumstances when good cause is
				  shown by the claimant.
Pennsylvania Code › Title 37 - LAW › Part VI - Commission on Crime and Delinquency › Chapter 411 - CRIME VICTIMS COMPENSATION › CLAIMS › Section 411.12 - Review

Current through Register Vol. 54, No. 28, July 13, 2024
(a) OVS will review
				  the claim and supporting documents and investigate the validity of the claim.
				  OVS will conduct a comprehensive investigation of the claim including, as
				  necessary, an examination of police, court and official records and reports
				  concerning the crime and an examination of medical and hospital reports
				  relating to the injury upon which the claim is based.
(b) If additional information is needed to
				  determine the eligibility or validity of a claim, or to substantiate the degree
				  of loss, OVS may ask the claimant for that information or request it directly
				  from outside entities to the extent permitted by law.
(c) OVS may issue subpoenas and subpoenas
				  duces tecum, either on its own instance or upon written application of a party.
				  Subpoenas and subpoenas duces tecum must comply with 231 Pa. Code (relating to
				  rules of civil procedure). Their issuance must depend upon a showing of
				  necessity. OVS, on its own motion or on the application of the claimant, will,
				  whenever necessary, and upon the terms and conditions as OVS may determine,
				  take or cause to be taken affidavits and depositions of witnesses residing
				  within or outside this Commonwealth.
(d) OVS may not request or review counseling
				  notes of mental health service providers. OVS will request an assessment from
				  the mental health service provider as to the extent the service provided is
				  needed as a direct result of the crime.
(e) OVS, at its expense, may direct an
				  examination of the direct victim or intervenor by a health care provider
				  designated by OVS. The direct victim or intervenor's failure to appear for the
				  examination may result in OVS's denial of the applicable portion of the
				  claimant's request for reimbursement.
(f) OVS will investigate and determine claims
				  regardless of whether the alleged criminal has been apprehended, prosecuted or
				  adjudicated for the criminal incident which is the basis for the
				  claim.
This section cited in 37 Pa. Code §
												411.13 (relating to closing of
						claims).
Pennsylvania Code › Title 37 - LAW › Part VI - Commission on Crime and Delinquency › Chapter 411 - CRIME VICTIMS COMPENSATION › CLAIMS › Section 411.13 - Closing of claims

Current through Register Vol. 54, No. 28, July 13, 2024
(a) OVS
				  will close a claim when a determination has been made and written notification
				  has been given to the claimant.
(b)
				  When OVS has requested additional information under §
										411.12(b)
				  (relating to review) and the information is not provided within 60 days of the
				  request, OVS will close the claim file until the requested information is
				  received.
(c) If sufficient
				  information is not provided to OVS to determine eligibility within 2 years from
				  the date of the filing of the claim, the claim will be closed with no further
				  right of appeal. OVS will attempt to notify the claimant in writing 6 months
				  prior to the closing of the claim.
(d) Eligible claims in which no verifiable
				  out-of-pocket expense or loss has been received by OVS within 5 years from the
				  date of the filing of the claim will be closed with no further right of appeal.
				  OVS will attempt to notify the claimant in writing 6 months prior to the
				  closing of the claim.
(e)
				  Subsection (d) does not apply when the direct victim was a minor at the time
				  the crime was committed.
(f) OVS
				  may reopen a claim at any time for further investigation.
Pennsylvania Code › Title 37 - LAW › Part VI - Commission on Crime and Delinquency › Chapter 411 - CRIME VICTIMS COMPENSATION › CLAIMS › Section 411.14 - Determinations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If OVS is able
				  to make a determination that the claim does not meet the basic eligibility
				  requirements or the action of the direct victim, intervenor or claimant affects
				  the award, the claim will be denied in writing as a statutory denial or denial
				  for cause.
(b) OVS will determine
				  whether to grant an award, increase or decrease an award or deny the claim
				  based on the supporting documents, the report of the investigation and staff
				  recommendations.
(c) OVS will
				  promptly notify the claimant of its determination in writing. OVS may also send
				  a copy of the determination to all appropriate individuals, including the State
				  Treasurer, court personnel, the prosecutor of the county where the crime
				  occurred, victim advocate or the claimant's attorney of record.
Pennsylvania Code › Title 37 - LAW › Part VI - Commission on Crime and Delinquency › Chapter 411 - CRIME VICTIMS COMPENSATION › CLAIMS › Section 411.15 - Actions affecting awards

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Except as provided in the act, OVS may deny a claim or reduce the amount
				  awarded if it finds that the conduct of the direct victim or intervenor
				  contributed to the injury. The conduct of the direct victim or intervenor will
				  be deemed to have contributed to the injury if the direct victim or intervenor
				  did one of the following:
(1) Initiated,
				  provoked or prolonged a verbal or physical confrontation with the
				  offender.
(2) Participated in an
				  illegal act that was causally related to the injuries sustained.
(3) Acted in a manner that placed the direct
				  victim or intervenor into a situation likely to result in injury.
(4) Entered, knowingly and willingly, into a
				  vehicle driven by someone under the influence.
(5) Sought retaliation against the
				  offender.
(6) Entered into a
				  physical altercation by mutual consent.
(7) Was charged by law enforcement with
				  criminal conduct as a result of the crime.
Pennsylvania Code › Title 37 - LAW › Part VI - Commission on Crime and Delinquency › Chapter 411 - CRIME VICTIMS COMPENSATION › CLAIMS › Section 411.16 - Reductions, offsets and limitations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as otherwise provided in the act,
				  an award made under the act and this chapter shall be reduced by the amount of
				  any payments received or to be received as follows by the claimant as a result
				  of the injury:
(1) From or on behalf of the
				  individual who committed the crime.
(2) Under insurance or health and welfare
				  programs, including those mandated by law.
(3) Under a contract of insurance wherein the
				  claimant is the beneficiary.
(4)
				  From public funds.
(5) As an
				  emergency award under section 706 of the act (18 P. S. §
												11.706).
(6) Under pension programs, including those
				  providing for disability or survivor's benefits.
(7) Under a settlement or award made by or on
				  behalf of a party alleged to be responsible in whole or in part for the injury,
				  without regard to the party's criminal culpability.
Pennsylvania Code › Title 37 - LAW › Part VI - Commission on Crime and Delinquency › Chapter 411 - CRIME VICTIMS COMPENSATION › CLAIMS › Section 411.17 - Emergency awards

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If it
				  appears to OVS that the claimant has an urgent financial need, OVS may make an
				  emergency award to the claimant as a determination on the claim.
(b) An emergency award is solely for a
				  claimant who incurs an undue hardship by paying medical expenses or funeral
				  expenses out of his own pocket, or who incurred loss of earnings or support as
				  a result of the crime incident.
(c)
				  The total amount of an emergency award will not exceed $5,000 per
				  claim.
(d) OVS will expeditiously
				  determine that the eligibility requirements have been met, review submitted
				  documentation and process the request.
(e) OVS may reconsider an emergency award as
				  a determination and may increase previous awards for emergency compensation up
				  to $5,000 per claim.
The provisions of this §
												411.17 amended under section
						312(3) of the Crime Victims Act (18 P. S. §
													11.312(3)).
Pennsylvania Code › Title 37 - LAW › Part VI - Commission on Crime and Delinquency › Chapter 411 - CRIME VICTIMS COMPENSATION › CLAIMS › Section 411.18 - Awards

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If the losses
				  payable by OVS for out-of-pocket loss and loss of support or loss of earnings
				  exceed the overall monetary limitation in the act, or the overall limitation as
				  reduced by a contribution assessed by OVS under §
										411.15 (relating to actions
				  affecting awards), OVS will allocate the award as follows:
(1) Out-of-pocket losses will be paid in
				  full, followed by as much of the loss of support or loss of earnings as
				  resources allow.
(2) If the total
				  out-of-pocket losses exceed the overall limitation in the act, OVS will attempt
				  to pay unpaid providers in full, followed by reimbursements to claimants for
				  expenses already paid. OVS will attempt to satisfy the expenses of as many
				  unpaid providers as feasible, to minimize the number of creditors seeking
				  payment from the claimant.
(3) If
				  more than one claimant files a claim for allowable expenses relating to the
				  death of the victim or the intervenor, the award will be divided
				  proportionately among the claimants when filed within the same time frame. In
				  all other cases, awards are considered in the order that they are
				  received.
Pennsylvania Code › Title 37 - LAW › Part VI - Commission on Crime and Delinquency › Chapter 411 - CRIME VICTIMS COMPENSATION › APPEALS › Section 411.31 - Reconsideration

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A claimant may
				  contest OVS's determination by submitting a written request for reconsideration
				  no later than 30 days from the date of the determination. If a request for
				  reconsideration is not filed within the time required, the determination
				  becomes a final decision of OVS.
(b) OVS may consider a delay past the
				  prescribed time period to be justified when one of the following circumstances
				  exist:
(1) The direct victim, intervenor or
				  the claimant is mentally or physically incapacitated.
(2) Other circumstances when good cause is
				  shown by the claimant.
Pennsylvania Code › Title 37 - LAW › Part VI - Commission on Crime and Delinquency › Chapter 411 - CRIME VICTIMS COMPENSATION › APPEALS › Section 411.32 - Hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If OVS is
				  unable to determine if a claim is justified based upon supporting documents, it
				  may direct a hearing before a hearing examiner designated by the OVS.
(b) Except for request for reconsideration
				  falling under §
										411.31(e)
				  (relating to reconsideration), a claimant may appeal the reconsidered
				  determination by OVS by requesting a hearing.
(c) A claimant may submit a written request
				  for a hearing no later than 30 days after OVS issues its reconsidered
				  determination. If a claimant fails to file the request for hearing within this
				  time, the reconsideration determination becomes a final decision of
				  OVS.
(d) OVS may consider a delay
				  past the prescribed time period to be justified when one of the following
				  circumstances exist:
(1) The direct victim,
				  intervenor or the claimant is mentally or physically incapacitated.
(2) Other circumstances when good cause is
				  shown by the claimant.
Pennsylvania Code › Title 37 - LAW › Part VI - Commission on Crime and Delinquency › Chapter 411 - CRIME VICTIMS COMPENSATION › APPEALS › Section 411.33 - Final decision after hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  The hearing officer will issue a report and recommendation which will be
				  delivered to a designated Commission official acting on behalf of OVS who has
				  no previous involvement in the claim.
(b) The designated Commission official will
				  review the report and recommendation, the hearing transcript and the
				  documentary exhibits. The designated Commission official may not have access to
				  information not in the hearing record.
(c) The designated Commission official may
				  not be advised in the hearing process by an attorney or any OVS staff member
				  who has previous involvement with any aspect of the claim that is being heard.
				  The designated Commission official may request the General Counsel of the
				  Commonwealth to appoint an attorney who has no prior involvement to provide
				  advice on the matter.
(d) Upon
				  completing the review of the hearing officer's report and recommendation, the
				  designated Commission official will do one of the following on behalf of OVS:
(1) Adopt the hearing officer's report and
				  recommendation as written as a final decision.
(2) Modify the report and recommendation and
				  issue the modified document as the final decision.
(3) Reject the report and recommendation in
				  its entirety and prepare and issue a final decision for OVS.
Pennsylvania Code › Title 37 - LAW › Part VI - Commission on Crime and Delinquency › Chapter 411 - CRIME VICTIMS COMPENSATION › SCHEDULE OF REIMBURSEMENT RATES AND COMPENSATION LIMITS › Section 411.41 - Amount

Current through Register Vol. 54, No. 28, July 13, 2024
An award made under the act and this chapter will be in an
					 amount not exceeding out-of-pocket loss, together with loss of past, present or
					 future earnings or support resulting from the injury. The total amount of an
					 award may not exceed $35,000 except for payment of the following:
(1) Counseling, the maximum amount of which
				  must be in accordance with section 707(b)(4.1) of the act. (18 P. S. §
											11.707(b) (4.1))
(2) Forensic rape examination and medications
				  directly related to the sexual offense, the amount of which may not exceed
				  $1,000.
(3) Reasonable and
				  necessary costs of cleaning the crime scene of a private residence, the amount
				  of which may not exceed $500.
Pennsylvania Code › Title 37 - LAW › Part VI - Commission on Crime and Delinquency › Chapter 411 - CRIME VICTIMS COMPENSATION › SCHEDULE OF REIMBURSEMENT RATES AND COMPENSATION LIMITS › Section 411.42 - Out-of-pocket loss

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
. The following general provisions apply to
				  reimbursement for out-of-pocket loss.
(1) OVS
				  may make a monetary award for an out-of-pocket loss as it is defined in the
				  act.
(2) OVS may pay the service
				  provider directly or reimburse the claimant for amounts paid, as
				  applicable.