reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 1 - PRELIMINARY PROVISIONS › Section 1.1 - Title of official legal codification

Current through Register Vol. 54, No. 28, July 13, 2024
The official legal codification published under
				  45 Pa.C.S. §
										701
				  (relating to official codification created) shall be known as the
Pennsylvania Code
.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 1 - PRELIMINARY PROVISIONS › Section 1.2 - Citation of Code

Current through Register Vol. 54, No. 28, July 13, 2024
Under
				  45 Pa.C.S. §
										507
				  (relating to form of citation) without prejudice to another mode of citation
				  the
Code
may be cited by title and section number. The
				  approved short form of citation to the
Code
is "Pa. Code".
				  Thus "1 Pa. Code §
									1.2" refers to section 1.2 of Title
				  1 of the
Code
.
This section cited in 101 Pa. Code §
											15.165 (relating to Pennsylvania
					 Code and Bulletin); and 101 Pa. Code §
											23.57 (relating to citation of
					 Pennsylvania Code).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 1 - PRELIMINARY PROVISIONS › Section 1.3 - Arrangement of Code

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
Code
is divided into titles which are subdivided as follows:
(1) Parts, identified by Roman numerals,
				beginning with a title.
(2)
				Subparts, identified by letters, beginning with a part.
(3) Articles, identified by Roman numerals,
				beginning with a subpart.
(4)
				Divisions, identified by Arabic numerals, beginning with an article.
(5) Subdivisions, identified by letters,
				beginning with a division.
(6)
				Chapters, identified by Arabic numerals, beginning with a title.
(7) Subchapters, identified by letters,
				beginning with a chapter.
(8)
				Sections, identified by Arabic numerals, beginning with a title.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 1 - PRELIMINARY PROVISIONS › Section 1.5 - Headings, etc. ; not to be used in construing

Current through Register Vol. 54, No. 28, July 13, 2024
Title, part, subpart, article, division, subdivision,
				  chapter, subchapter and section headings contained in the
Code
may not be deemed to govern, limit, modify or affect the scope, meaning or
				  intent of the
Code
. In prescribing regulations governing
				  headings and other matters relating to the form and format of documents, the
				  Joint Committee does not intend that the regulations shall affect the validity
				  or interpretation of a document which is, in fact, filed and published under
				  statute.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 1 - PRELIMINARY PROVISIONS › Section 1.6 - Tenses, gender and number

Current through Register Vol. 54, No. 28, July 13, 2024
Except as otherwise stated in a title, part, subpart,
				  article, division, subdivision, chapter, subchapter or section of the
Code
, the present tense includes the past and future tenses,
				  and the future the present; the masculine gender includes the feminine and
				  neuter, the feminine includes the masculine and neuter, and the neuter includes
				  the masculine and feminine; and the singular includes the plural, and the
				  plural, the singular.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 1 - PRELIMINARY PROVISIONS › Section 1.7 - Statutory Construction Act of 1972 applicable

Current through Register Vol. 54, No. 28, July 13, 2024
Section 1502(a)(2) of 1 Pa.C.S. (relating to application of
				  part) provides that, except as otherwise provided by statute or the agency
				  adopting the document, 1 Pa.C.S. Part V (relating to Statutory Construction Act
				  of 1972) applies to a document codified in the
Code
except
				  legislative, judicial and home rule charter documents, that is, except
				  documents codified in 101 Pa. Code-365 Pa. Code.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 3 - PUBLICATION OF CODE AND BULLETIN › CODE › Section 3.1 - Contents of Code

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The following
				  document shall be codified in the
Code
:
(1) Proclamations and executive orders of the
				  Governor which are general and permanent in nature.
(2) Administrative and gubernatorial
				  regulations.
(3) Statements of
				  policy which are general and permanent in nature, except statements of policy
				  adopted prior to July 1, 1969.
(4)
				  Home rule charters adopted under PA. CONST. Art. IX, § 2 by a county,
				  city, borough, incorporated town or township or a similar general purpose unit
				  of government.
(5) Documents or
				  classes of documents required to be codified in the
Code
by
				  statute.
(6) Rules of the Supreme
				  Court of Pennsylvania, including rules relating to practice and procedure in
				  the lower courts of the Commonwealth.
(7) Rules of the Judicial Council of
				  Pennsylvania and the Superior and Commonwealth Courts.
(8) Judicial documents or classes of
				  documents which the Administrative Office of Pennsylvania Courts finds to be
				  general and permanent in nature.
(9) Documents or classes of documents which
				  the Governor, the Joint Committee or the Bureau finds to be general and
				  permanent in nature.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 3 - PUBLICATION OF CODE AND BULLETIN › CODE › Section 3.2 - Annotations to judicial decisions citing Code

Current through Register Vol. 54, No. 28, July 13, 2024
The Bureau shall secure by contract and incorporate into
					 the permanent supplements to the
Code
annotations relating to
					 classes of documents published in the
Code
except rules of
					 court.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 3 - PUBLICATION OF CODE AND BULLETIN › CODE › Section 3.3 - Periodic supplementation of Code ; index

Current through Register Vol. 54, No. 28, July 13, 2024
(a) At least once a year documents required
				  to be codified in the
Code
by §
										3.1 (relating to contents of
Code
) which have been filed in the Bureau shall be permanently
				  integrated into the
Code
by the publication and distribution
				  of looseleaf pages relating to the affected portion of the
Code
, or if ordered by the Joint Committee, by the issue or
				  reissue of an appropriate title of the
Code
or designated
				  portion thereof.
(b) Section 726 of
				  45 Pa.C.S. (relating to permanent supplements of
Pennsylvania
				  Code
) requires that at least once a year the index to the
Code
shall be similarly supplemented or reissued.
(c) At least once a year a tabular listing of
				  the statutory authority cited in the
Code
as authority for the
				  promulgation of documents shall be issued, supplemented or reissued.
This section cited in 1 Pa. Code §
												3.31 (relating to publication of
						official synopsis in lieu of full text); 1 Pa. Code §
												9.301 (relating to unpublished
						statements of policy adopted prior to January 1, 1985); and 1 Pa. Code §
												13.5 (relating to deposit of
						management directives).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 3 - PUBLICATION OF CODE AND BULLETIN › BULLETIN › Section 3.11 - Bulletin constitutes official gazette

Current through Register Vol. 54, No. 28, July 13, 2024
Section 724 of 45 Pa.C.S. (relating to preliminary
					 publication in
Pennsylvania Bulletin
) provides that the
Bulletin
is the official gazette of the Commonwealth of
					 Pennsylvania.
This section cited in 1 Pa. Code §
												9.301 (relating to unpublished
						statements of policy adopted prior to January 1,
						1985).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 3 - PUBLICATION OF CODE AND BULLETIN › BULLETIN › Section 3.12 - Citation of Bulletin

Current through Register Vol. 54, No. 28, July 13, 2024
Sections 506 and 507 of 45 Pa.C.S. (relating to judicial
					 notice; and form of citation) provides that without prejudice to another mode
					 of citation the
Bulletin
may be cited by volume and page
					 number. The approved short form of citation to the
Bulletin
is
					 "Pa.B." Thus "3 Pa.B. 801" refers to material beginning on page 801 of Volume 3
					 of the
Bulletin.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 3 - PUBLICATION OF CODE AND BULLETIN › BULLETIN › Section 3.13 - Contents of Bulletin

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except
				  as provided in subsection (b), the following documents shall be published in
				  the
Bulletin
:
(1) Documents
				  or classes of documents required by a statute other than the act to be
				  published in the
Bulletin
. A compendium of the statutes is set
				  forth as Tables 1 and 2 in subsection (d). The compendium is for informational
				  purposes only, and the omission from the tables of a reference to a statutory
				  provision which requires publication of a document in the
Bulletin
may not eliminate or otherwise affect the statutory
				  requirement.
(2) Notices required
				  to be deposited under this part by §
											13.3 (relating to agency action or
				  proceedings invalid in absence of notice required by Joint
				  Committee).
(3) Except as provided
				  under §
											3.31 (relating to publication of
				  official synopsis in lieu of full text), documents or classes of documents
				  required to be codified in the
Code
by or under §
											3.1(a) (relating
				  to contents of
Code
.
(4) Agency notices directed to the public
				  with respect to proceedings conducted under an Act of Assembly, the expense of
				  the administration of which is by statute assessed directly against the class
				  of persons regulated or supervised thereunder.
(5) Agency documents, the expense of
				  publication of which is specially assumed by the agency filing the
				  document.
(6) Legislative documents
				  filed with the Bureau under a resolution adopted by either house of the General
				  Assembly.
(7) Judicial documents
				  filed with the Bureau by the Administrative Office of Pennsylvania
				  Courts.
(8) Documents or classes of
				  documents which the Governor, the Joint Committee or the Director of the Bureau
				  may require or authorize to be published in the
Bulletin
.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 3 - PUBLICATION OF CODE AND BULLETIN › BULLETIN › Section 3.14 - Frequency of publication of Bulletin

Current through Register Vol. 54, No. 28, July 13, 2024
The
Bulletin
shall be published at least
					 once a week and shall contain previously unpublished documents required to be
					 published by §
										3.13 (relating to contents of
Bulletin
) which are filed by the Bureau prior to the closing
					 date and hour of the issue. The closing date and hour of an issue shall be
					 prescribed by the Joint Committee.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 3 - PUBLICATION OF CODE AND BULLETIN › FORMAT OF BULLETIN › Section 3.21 - General

Current through Register Vol. 54, No. 28, July 13, 2024
Documents published in the
Bulletin
shall
					 be arranged under seven principal headings in the following order:
(1) The Governor.
(2) The General Assembly.
(3) The Courts.
(4) Rules and regulations.
(5) Proposed rulemaking.
(6) Statements of Policy.
(7) Notices.
The provisions of this §
												3.21 amended under section 506 of
						The Administrative Code of 1929 (71 P. S. §
													186), section 206 of the act of July 31, 1968
						(P. L. 769, No. 240) (45 P. S. §
													1206) and
						45 Pa.C.S. §§
													503,
						506,
						507 and
						701.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 3 - PUBLICATION OF CODE AND BULLETIN › FORMAT OF BULLETIN › Section 3.22 - The Governor

Current through Register Vol. 54, No. 28, July 13, 2024
There shall be published under this heading proclamations,
					 executive orders and gubernatorial regulations.
This section cited in 1 Pa. Code §
												3.26a (relating to statements of
						policy); and 1 Pa. Code §
												3.27 (relating to
						notices).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 3 - PUBLICATION OF CODE AND BULLETIN › FORMAT OF BULLETIN › Section 3.23 - The General Assembly

Current through Register Vol. 54, No. 28, July 13, 2024
There shall be published under this heading material
					 relating to the organization or operation of the General Assembly and the
					 legislative process.
This section cited in 1 Pa. Code §
												3.26a (relating to statements of
						policy); and 1 Pa. Code §
												3.27 (relating to
						notices).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 3 - PUBLICATION OF CODE AND BULLETIN › FORMAT OF BULLETIN › Section 3.24 - The Courts

Current through Register Vol. 54, No. 28, July 13, 2024
There shall be published under this heading material
					 relating to the organization or operation of the judicial branch and the
					 judicial process.
This section cited in 1 Pa. Code §
												3.26a (relating to statements of
						policy); and 1 Pa. Code §
												3.27 (relating to
						notices).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 3 - PUBLICATION OF CODE AND BULLETIN › FORMAT OF BULLETIN › Section 3.25 - Rules and regulations

Current through Register Vol. 54, No. 28, July 13, 2024
There shall be published under this heading notices of
					 final rulemaking submitted under section 202 or 204 of the act (45 P. S. §
											1202 or
					 1204).
The provisions of this §
												3.25 amended under section 506 of
						The Administrative Code of 1929 (71 P. S. §
													186), section 206 of the act of July 31, 1968
						(P. L. 769, No. 240) (45 P. S. §
													1206) and
						45 Pa.C.S. §§
													503,
						506,
						507 and
						701.
This section cited in 1 Pa. Code §
												3.26a (relating to statements of
						policy); and 1 Pa. Code §
												3.27 (relating to
						notices).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 3 - PUBLICATION OF CODE AND BULLETIN › FORMAT OF BULLETIN › Section 3.26 - Proposed rulemaking

Current through Register Vol. 54, No. 28, July 13, 2024
There shall be published under this heading general notices
					 of proposed rulemaking submitted under section 201 of the act (45 P. S. §
											1201) or under other statutes, and similar
					 notices voluntarily deposited by the issuing agency.
This section cited in 1 Pa. Code §
												3.26a (relating to statements of
						policy); and 1 Pa. Code §
												3.27 (relating to
						notices).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 3 - PUBLICATION OF CODE AND BULLETIN › FORMAT OF BULLETIN › Section 3.26a - Statements of policy

Current through Register Vol. 54, No. 28, July 13, 2024
There shall be published under this heading proposed or
					 final statements of policy which are permanent and general in nature, and other
					 documents not published under §§
										3.22-3.26 (relating to the Governor; the
					 General Assembly; the courts; rules and regulations; and proposed rulemaking)
					 which are required by §
										3.1 (relating to contents of
Code
) to be codified in the
Code
.
The provisions of this §
												3.26a amended under section 506 of
						The Administrative Code of 1929 (71 P. S. §
													186), section 206 of the act of July 31, 1968
						(P. L. 769, No. 240) (45 P. S. §
													1206) and
						45 Pa.C.S. §§
													503,
						506,
						507 and
						701.
This section cited in 1 Pa. Code §
												3.27 (relating to notices); and 4
						Pa. Code §
												1.61 (relating to force and
						effect).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 3 - PUBLICATION OF CODE AND BULLETIN › FORMAT OF BULLETIN › Section 3.27 - Notices

Current through Register Vol. 54, No. 28, July 13, 2024
There shall be published under this heading documents not
					 falling within the provisions of §§
										3.22-3.26a (relating to the Governor;
					 the General Assembly; the courts; rules and regulations; proposed rulemaking;
					 and statements of policy). These documents include:
(1) Miscellaneous documents not subject to
				  codification in the
Code
.
(2) Notices of hearings that are not included
				  under proposed rulemaking.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 3 - PUBLICATION OF CODE AND BULLETIN › FORMAT OF BULLETIN › Section 3.29 - Subject indexes

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The table of
				  contents of an issue of the
Bulletin
required by
				  45 Pa.C.S. §
											724
				  (relating to preliminary publication in
Pennsylvania Bulletin
)
				  shall be indexed according to the names of the issuing agencies.
(b) The cumulative index to the
Bulletin
required by
				  45 Pa.C.S. §
											724 to
				  be published at least each 3 months covering the contents of the
Bulletin
shall be an analytical subject index covering the
				  contents of the
Bulletin
and shall be separately published as
				  currently as practicable. An analytical subject index cumulated over a 12-month
				  period shall be published annually.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 3 - PUBLICATION OF CODE AND BULLETIN › FORMAT OF BULLETIN › Section 3.30 - Numerical finding aids

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An issue of the
Bulletin
shall carry a numerical list of the sections of
				  the
Code
expressly affected by the documents published in the
				  issue. Beginning with the second issue of a quarter, an issue shall also carry
				  a cumulated list of the sections of the
Code
affected by
				  documents published during that quarter.
(b) Quarterly codification guides shall be
				  separately published during a calendar year.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 3 - PUBLICATION OF CODE AND BULLETIN › FORMAT OF BULLETIN › Section 3.31 - Publication of official synopsis in lieu of full text

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Bureau may publish an official
				  synopsis of a document in the
Bulletin
in lieu of the full
				  text thereof in a case where the full text of the document will be published
				  under §
										3.3 (relating to periodic
				  supplementation of
Code
; index) within 120 days of the
				  publication of the official synopsis.
(b) If the Bureau determines, and publishes
				  notice of the determination in the
Bulletin
, that the full
				  text of the agency text of a document with respect to which an official
				  synopsis has been published in the
Bulletin
under subsection
				  (a) is reasonably available to the public through the promulgating agency and
				  that operational or other considerations will prevent the timely publication in
				  the
Code
of the full text of the document, publication of the
				  full text of the official text of the document may not be required in:
(1) The
Code
at prior to the
				  date specified by the Bureau in a notice or in an amendment thereof published
				  in the
Bulletin
.
(2) The
Bulletin
.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 3 - PUBLICATION OF CODE AND BULLETIN › FORMAT OF BULLETIN › Section 3.32 - Details of format of Bulletin

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Under
				  45 Pa.C.S. §§
											724 and
				  903 (relating to
				  preliminary publication in
Pennsylvania Bulletin
; and
				  effective date of documents) the closing date and hour of an issue of the
Bulletin
shall appear on the first page of an issue; that an
				  issue shall contain a table of contents; that there shall be printed with a
				  document appearing in the
Bulletin
a notation of the date of
				  filing thereof and of the serial number assigned thereto (which shall be in the
				  form: "Pa.B. Doc. No. "); that the day of deposit of an issue of the
Bulletin
in the United States mail for distribution shall be
				  the issue date thereof; and that the date shall be printed prominently upon the
				  first page of an issue.
(b)
				  Documents subject to codification in the
Code
which are
				  published in the
Bulletin
shall be keyed to the
Code
and shall serve as temporary supplements
				  thereto.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 3 - PUBLICATION OF CODE AND BULLETIN › GENERAL › Section 3.41 - Matter not required to be published

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Incorporation by
				  reference.
Whenever a document incorporates by reference a portion of
				  the text of the following publications, the Bureau, unless the agency specifies
				  otherwise in its order adopting the document, shall omit the text of the
				  incorporated material from the text of the document as published under this
				  part:
(1)
Statutes at
				  Large.
(2)
United
				  States Code.
(3) Pamphlet
				  Laws.
(4)
Code of Federal
				  Regulations.
(5)
Federal Register.
(6) A uniform system of accounts published by
				  the National Association of Regulatory Utility Commissioners.
(7) A generally available standard published
				  by the standardizing organizations listed in United States Department of
				  Commerce Miscellaneous Publication 288, issued August 1, 1967, or supplements
				  thereto or reissues thereof.
(8)
				  Another generally available publication approved by the Bureau.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 3 - PUBLICATION OF CODE AND BULLETIN › GENERAL › Section 3.42 - Matter not permitted to be published

Current through Register Vol. 54, No. 28, July 13, 2024
Under
					 45 Pa.C.S. §
											728
					 (relating to matter not permitted to be published), no press release, speech or
					 other comments or news material may be published under this
					 part.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 3 - PUBLICATION OF CODE AND BULLETIN › GENERAL › Section 3.43 - Matter other than documents

Current through Register Vol. 54, No. 28, July 13, 2024
The act authorizes and requires the publication of certain
					 "documents" as defined in
					 45 Pa.C.S. §
											501
					 (relating to definitions), and does not authorize or require the publication of
					 materials which do not come within that definition.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 3 - PUBLICATION OF CODE AND BULLETIN › GENERAL › Section 3.44 - General permission to reproduce content of Code and Bulletin

Current through Register Vol. 54, No. 28, July 13, 2024
Information published under this part, which information
					 includes, but is not limited to, cross references, table of cases, notes of
					 decisions, tables of contents, indexes, source notes, authority notes,
					 numerical lists and codification guides, other than the actual text of rules or
					 regulations may be reproduced only with the written consent of the Bureau. The
					 information which appears on the same leaf with the text of a rule or
					 regulation, however, may be incidentally reproduced in connection with the
					 reproduction of the rule or regulation, if the reproduction is for the private
					 use of a subscriber and not for resale. There are no other restrictions on the
					 reproduction of information published under this part, and the Commonwealth
					 hereby consents to a reproduction.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 5 - EFFECT OF PUBLICATION › Section 5.1 - Official text of published documents

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				Under
				45 Pa.C.S. §
										901
				(relating to official text of published documents), the official text, as
				published as provided in this part, of a document required or authorized to be
				published under this part, shall from the date of the publication be the only
				valid and enforceable text of the document regardless of a discrepancy between
				the official text and the agency text of the document; that thereafter an
				amendment to the document shall be drawn as an amendment to the official text
				thereof; that if an agency discovers a discrepancy between the agency text and
				the official text of a document, the agency shall forthwith deposit, without
				regard to the requirements of §§
									7.1 and
				7.2 (relating to notice of proposed
				rulemaking required; and adoption of regulations) with the Bureau an
				appropriate corrective amendment to the official text; that the agency may
				specify that the amendment shall be effective as of the effective date of the
				defective official text; that only persons who have had actual knowledge of the
				discrepancy shall be affected by the amendment prior to the publication of the
				official text thereof in the manner prescribed in this part; and that the
				purpose of the requirement is to permit the public to rely absolutely upon the
				correctness of the text of a regulation, statement of policy or other document
				as published under this part by declaring the published text to be the only
				legal evidence of the valid and enforceable text of the regulation, statement
				of policy or other document.
(b)
				The provisions of
				45 Pa.C.S. §§
										722 and
				901 (relating to deposit
				of documents required; and official text of published documents), provide that
				notwithstanding
				45 Pa.C.S. §
										901, the
				text of any home rule charter, amendment or repeal, as published as provided in
				this part, shall from the date of the publication be prima facie evidence of
				the text approved by the electors.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 5 - EFFECT OF PUBLICATION › Section 5.2 - Certification of official text

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				Under
				45 Pa.C.S. §
										902
				(relating to certification of official text) a title or portion thereof of the
Code
and
Pennsylvania Code Reporter
shall
				contain a certificate by the Director of the Bureau that the title or part or
Pennsylvania Code Reporter
contains administrative regulations
				issued prior to July 1, 1969, or documents required by this part to be codified
				in the
Code
issued prior to the closing date of the permanent
				supplement, as the case may be, by the agency to which the title or part
				relates, and that the certificate shall be conclusive evidence of the
				fact.
(b) The Director of the
				Bureau will cause each printed page of the
Code
and a
				subsequent amendment to a page to be designated by a sequential and distinctive
				serial number; will collate sets of the pages in ascending sequence according
				to the serial numbers; and will cause the sets to be bound permanently into
				volumes of convenient size. Copies of the permanently bound pages will be
				deposited by the Director as follows:
(1) Two
				copies to the State Law Library.
(2) One copy to the Allegheny County Law
				Library.
(3) One copy to the
				Jenkins Law Library.
(4) Two copies
				to the Legislative Reference Bureau.
(5) Two copies to the Pennsylvania Historical
				and Museum Commission for preservation in the Commonwealth Archives.
(6) One copy to the Commonwealth Court Law
				Library.
(7) One copy to a law
				school situated in this Commonwealth which makes a written request to the
				Legislative Reference Bureau.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 5 - EFFECT OF PUBLICATION › Section 5.3 - Effective date of documents required to be published

Current through Register Vol. 54, No. 28, July 13, 2024
Under
				  45 Pa.C.S. §
										903
				  (relating to effective date of documents) no document required under this part
				  to be published except certain judicial documents under
				  45 Pa.C.S. §
										903(b), may be valid as
				  against a person who has not had actual knowledge thereof until the publication
				  has been effected; that publication shall be deemed to have been effected upon
				  the deposit of the
Bulletin
or the
Pennsylvania Code
				  Reporter
containing the document in the United States mail for
				  distribution; and that the issue date of the
Bulletin
and of
				  the permanent supplement to the
Code
is the day of the
				  deposit.
This section cited in 1 Pa. Code §
											13.74 (relating to effectiveness
					 prior to publication).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 5 - EFFECT OF PUBLICATION › Section 5.4 - Constructive notice

Current through Register Vol. 54, No. 28, July 13, 2024
Under
				  45 Pa.C.S. §
										904
				  (relating to constructive notice) unless otherwise specifically provided by
				  statute the publication under this part of any document required or authorized
				  by this part to be so published shall, except in cases where notice by
				  publication is insufficient in statute, be sufficient to give notice of the
				  contents of the document to a person subject thereto or affected
				  thereby.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 5 - EFFECT OF PUBLICATION › Section 5.5 - Presumptions created

Current through Register Vol. 54, No. 28, July 13, 2024
Under
				  45 Pa.C.S. §
										905
				  (relating to presumptions created) the publication of a document under this
				  part shall create a rebuttable presumption:
(1) That it was issued, prescribed or
				promulgated.
(2) That it was
				approved as to legality, if so required by section 205 of the act
				(45
				P. S. §
										1205).
(3) That requirements of the act and of this
				part applicable to the document have been complied with.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 5 - EFFECT OF PUBLICATION › Section 5.6 - Reasonable notice of hearing

Current through Register Vol. 54, No. 28, July 13, 2024
Under
				  45 Pa.C.S. §
										906
				  (relating to reasonable notice of hearing) whenever notice of hearing or of
				  opportunity to be heard is required or authorized to be given by the
				  Commonwealth government by or under a statute or may otherwise properly be
				  given, the notice, except in cases where notice by publication is insufficient
				  in statute, shall be deemed to have been given to persons residing within this
				  Commonwealth, and to persons owning or having an interest in a property
				  situated within the limits thereof, if the notice shall be published in the
Bulletin
at the time that the period between the date of
				  publication as specified in
				  45 Pa.C.S. §
										903(a) (relating to
				  effective date of documents) and the date fixed in the notice for the hearing
				  or for the termination of the opportunity to be heard may be:
(1) Not less than the time specifically
				prescribed for the publication of the notice by the appropriate
				statute.
(2) Not less than 15 days
				when no time for publication is specifically prescribed by statute without
				prejudice, however, to the effectiveness of a notice of less than 15 days where
				the shorter period is reasonable.
This section cited in 1 Pa. Code §
											13.3 (relating to agency action or
					 proceedings invalid in absence of notice required by Joint
					 Committee).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 5 - EFFECT OF PUBLICATION › Section 5.7 - Additional notice unnecessary

Current through Register Vol. 54, No. 28, July 13, 2024
Under
				  45 Pa.C.S. §
										907
				  (relating to additional notice unnecessary), except with respect to the time
				  specifically prescribed for the publication of notice, the publication by the
				  Commonwealth government of a notice in the manner prescribed by the act shall
				  constitute full compliance with law notwithstanding any inconsistent provision
				  of a statute.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 5 - EFFECT OF PUBLICATION › Section 5.8 - Judicial notice

Current through Register Vol. 54, No. 28, July 13, 2024
Under
				  45 Pa.C.S. §
										506
				  (relating to judicial notice) the contents of the
Code
, the
Pennsylvania Code Reporter
and of the
Bulletin
shall be judicially noticed.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 7 - PROCEDURE FOR ADOPTION OR CHANGE OF REGULATIONS › Section 7.1 - Notice of proposed rulemaking required

Current through Register Vol. 54, No. 28, July 13, 2024
Section 201 of the act (45 P. S. §
										1201) provides that except as provided in
				  §
									7.4 (relating to omission of notice
				  of proposed rulemaking) an agency shall give public notice of its intention to
				  promulgate, amend or repeal an administrative regulation by publication in the
Bulletin
of a notice of proposed rulemaking conforming to this
				  part. The notice includes the following:
(1) The text of the proposed administrative
				regulation, except a portion thereof omitted under §
									3.41 (relating to matter not
				required to be published), prepared in such a manner as to indicate the words
				to be added or deleted from the presently effective text, if any. A statement
				containing an appropriate citation to text proposed for deletion or rescission
				may be substituted for the complete text thereof in those cases where the text
				is voluminous.
(2) A statement of
				the statutory or other authority under which the administrative regulations or
				change is proposed to be promulgated.
(3) A brief explanation of the proposed
				administrative regulation or change.
(4) A request for written comments by an
				interested person concerning the proposed administrative regulation or
				change.
(5) Another statement
				required by statute.
This section cited in 1 Pa. Code §
											5.1 (relating to official text of
					 published documents); 1 Pa. Code §
											7.2 (relating to adoption of
					 regulations); 1 Pa. Code §
											7.3 (relating to effective date of
					 regulations); 1 Pa. Code §
											7.4 (relating to omission of notice
					 of proposed rulemaking); 1 Pa. Code §
											13.56 (relating to correction of
					 errors); and 1 Pa. Code §
											35.104 (relating to notice of
					 rulemaking proceedings).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 7 - PROCEDURE FOR ADOPTION OR CHANGE OF REGULATIONS › Section 7.2 - Adoption of regulations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Section
				202 of the act (45 P. S. §
										1202)
				provides that before taking action upon an administrative regulation or change
				the agency shall review and consider a written comment submitted under §
									7.1 (relating to notice of proposed
				rulemaking required) and may hold public hearings as appropriate; that if the
				statute or other authority under which a regulation is proposed to be
				promulgated, amended or repealed requires the holding of public hearings or
				establishes other procedures in addition to those prescribed by sections
				201-208 of the act (45 P. S. §§
										1201-1208), the agency shall hold public
				hearings or comply with the other procedures as are not inconsistent with the
				provisions of the act; that the agency text of an administrative regulation or
				change as finally adopted may contain modifications to the proposed text as
				published under §
									7.1 as do not enlarge its original
				purpose; and that modifications which enlarge the original purpose of a
				proposal as published under §
									7.1 shall be republished thereunder
				prior to final adoption by the agency.
(b) Whenever an agency finally adopts a
				proposed regulation more than 1 year after the proposed regulation was
				published under § 7.1, the Bureau will republish, in full, the entire
				regulation as finally adopted.
This section cited in 1 Pa. Code §
											5.1 (relating to official text of
					 published documents); 1 Pa. Code §
											7.3 (relating to effective date of
					 regulations); 1 Pa. Code §
											7.4 (relating to omission of notice
					 of proposed rulemaking); and 1 Pa. Code §
											13.56 (relating to correction of
					 errors).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 7 - PROCEDURE FOR ADOPTION OR CHANGE OF REGULATIONS › Section 7.3 - Effective date of regulations

Current through Register Vol. 54, No. 28, July 13, 2024
The effective date specified in an administrative regulation
				  or change subject to §§
									7.1 and
				  7.2 (relating to notice of proposed
				  rulemaking required; and adop-tion of regulations) may be not less than 30 days
				  after the notice of proposed rulemaking required thereby has been given unless
				  one of the following exists:
(1) The
				administrative regulation:
(i) Grants or
				recognizes exemption or relieves restriction.
(ii) Interprets a self-executing statute or
				administrative regulation.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 7 - PROCEDURE FOR ADOPTION OR CHANGE OF REGULATIONS › Section 7.4 - Omission of notice of proposed rulemaking

Current through Register Vol. 54, No. 28, July 13, 2024
An agency may omit or modify the procedures specified in
				  §§
									7.1 and
				  7.2 (relating to notice of proposed
				  rulemaking required; and adoption of regulations) if:
(1) The administrative regulation or change
				relates to one of the following:
(i) Military
				affairs.
(ii) Agency organization,
				management or personnel.
(iii)
				Agency procedure or practice.
(iv)
				Commonwealth property, loans, grants, benefits or contracts.
(v) The interpretation of a self-executing
				statute or administrative regulation.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 7 - PROCEDURE FOR ADOPTION OR CHANGE OF REGULATIONS › Section 7.5 - Approval as to legality

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Section
				205 of the act (45 P. S.§
										1205) provides
				that administrative regulations and changes shall be approved as to legality
				Department of Justice before they are deposited with the Bureau under section
				207 of the act (45 P. S. §
										1207); that
				in the event the Department of Justice shall rule illegal an administrative
				regulation or change, adopted by an agency which is by statute independent of
				the policy supervision and control of the Governor, and the agency or a party
				before the agency supporting the regulations or changes shall disagree with the
				ruling of the Department of Justice, such agency or the party may appeal from
				the determination of the Department of Justice to the Commonwealth Court; that
				in other cases the decision of the Department of Justice shall be final and may
				not be subject to a judicial review at the instance of the agency, or a
				supporting party, and that nothing in the section shall affect the right of a
				person adversely affected by a regulation or change to obtain a determination
				of the validity thereof in an appropriate proceeding.
(b) Section 205 of the act was repealed by
				section 504 of the Commonwealth Attorneys Act (71 P. S. §
										732-504) insofar as it was inconsistent.
				Reference should be made to §
									13.16 (relating to approval as to
				legality).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 7 - PROCEDURE FOR ADOPTION OR CHANGE OF REGULATIONS › Section 7.6 - Format of regulations

Current through Register Vol. 54, No. 28, July 13, 2024
Section 206 of the act (45 P. S. §
										1206) provides that the agency text of
				  administrative and gubernatorial regulations required or authorized by this
				  Part to be deposited with the Bureau shall be prepared in the form and format
				  required by Chapter 9 (relating to preparation of documents subject to
				  codification), Chapter 11 (relating to preparation of notices, rulemaking
				  proposals and unpublished regulations) and Chapter 13 (relating to preparation
				  and transmittal of documents generally).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 7 - PROCEDURE FOR ADOPTION OR CHANGE OF REGULATIONS › Section 7.7 - Deposit of agency text of regulations required

Current through Register Vol. 54, No. 28, July 13, 2024
Section 207 of the act (45 P. S. §
										1207) provides that the agency text of
				  administrative and gubernatorial regulations, and changes, certified by the
				  executive officer, chairman or secretary of the agency, shall be deposited with
				  the Bureau in the manner required by this part.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 7 - PROCEDURE FOR ADOPTION OR CHANGE OF REGULATIONS › Section 7.8 - Unfiled administrative regulations invalid

Current through Register Vol. 54, No. 28, July 13, 2024
Section 208 of the act (45 P. S. §
										1208) provides that an administrative
				  regulation or change promulgated after July 1, 1969, may not be valid until
				  deposited in and filed by the Bureau, as provided in this part. Where agency
				  administrative regulations relate to matters which are determined under §
									3.13(b) (relating
				  to contents of
Bulletin
), not to be of sufficient general
				  interest to warrant publication under this part, such as, regulations relating
				  to agency management or personnel, the regulations shall be filed by the Bureau
				  without publication. Since the Joint Committee is not authorized to waive the
				  filing requirement of section 208 of the act (45 P. S. §
										1208), a determination that an agency
				  regulation will not be published may not be relied upon by the agency as a
				  determination that the regulation is not an administrative regulation required
				  to be filed under the act.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 7 - PROCEDURE FOR ADOPTION OR CHANGE OF REGULATIONS › Section 7.9 - References to Administrative Agency Law

Current through Register Vol. 54, No. 28, July 13, 2024
Section 606 of the act (45 P. S. §
										1606)(Repealed) provides that whenever a
				  statute makes reference to the Administrative Agency Law for procedures
				  relating to the promulgation of administrative regulations, the reference shall
				  be deemed to be a reference to the applicable provisions of the
				  act.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 9 - PREPARATION OF DOCUMENTS SUBJECT TO CODIFICATION › Subchapter A - GENERAL REQUIREMENTS › GENERAL › Section 9.1 - General provisions

Current through Register Vol. 54, No. 28, July 13, 2024
Documents subject to codification shall be drafted as
						amendments to the
Code
and prepared under this chapter and of
						Chapter 13 (relating to preparation and transmittal of documents generally)
						before submission to the Bureau. A document shall contain a promulgation
						statement precisely describing the relationship of the new provisions to
						existing provisions of the
Code
.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 9 - PREPARATION OF DOCUMENTS SUBJECT TO CODIFICATION › Subchapter A - GENERAL REQUIREMENTS › GENERAL › Section 9.2 - Orderly development

Current through Register Vol. 54, No. 28, July 13, 2024
For the purpose of assuring orderly development along
						practical lines, the Bureau, with the approval of the Joint Committee is
						authorized to establish new titles in the
Code
and to
						rearrange existing titles and subordinate assignments. Before taking an action,
						the Bureau shall consult with the agency directly affected by a proposed
						change.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 9 - PREPARATION OF DOCUMENTS SUBJECT TO CODIFICATION › Subchapter A - GENERAL REQUIREMENTS › CODE STRUCTURE › Section 9.11 - Titles

Current through Register Vol. 54, No. 28, July 13, 2024
The major divisions of the
Code
are
						titles, which bring together broadly related governmental
						functions.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 9 - PREPARATION OF DOCUMENTS SUBJECT TO CODIFICATION › Subchapter A - GENERAL REQUIREMENTS › CODE STRUCTURE › Section 9.12 - Parts

Current through Register Vol. 54, No. 28, July 13, 2024
The normal divisions of titles are parts, which are
						assigned to the various agencies within titles descriptive of the subject
						matter covered by the agencies' rules and regulations.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 9 - PREPARATION OF DOCUMENTS SUBJECT TO CODIFICATION › Subchapter A - GENERAL REQUIREMENTS › CODE STRUCTURE › Section 9.13 - Subparts, articles, divisions and subdivisions

Current through Register Vol. 54, No. 28, July 13, 2024
Subparts may be used to distinguish between material
						emanating from an overall office or agency and the material issued by its
						various components. Subparts, articles, divisions and subdivisions, in that
						order, may also be used to otherwise group chapters within a
						title.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 9 - PREPARATION OF DOCUMENTS SUBJECT TO CODIFICATION › Subchapter A - GENERAL REQUIREMENTS › CODE STRUCTURE › Section 9.14 - Chapters

Current through Register Vol. 54, No. 28, July 13, 2024
The normal divisions of parts are chapters. A chapter
						should consist of a unified body of rules or regulations applying to a specific
						function of the issuing agency or devoted to specific subject matter under
						control of the issuing agency.
This section cited in 1 Pa. Code §
													9.37 (relating to reservation of
						  numbers).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 9 - PREPARATION OF DOCUMENTS SUBJECT TO CODIFICATION › Subchapter A - GENERAL REQUIREMENTS › CODE STRUCTURE › Section 9.15 - Subchapters

Current through Register Vol. 54, No. 28, July 13, 2024
Subchapters may be used to group related parts within a
						chapter.
This section cited in 1 Pa. Code §
													9.37 (relating to reservation of
						  numbers).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 9 - PREPARATION OF DOCUMENTS SUBJECT TO CODIFICATION › Subchapter A - GENERAL REQUIREMENTS › CODE STRUCTURE › Section 9.16 - Undesignated center heads

Current through Register Vol. 54, No. 28, July 13, 2024
Undesignated center heads may be used to group related
						sections as required.
This section cited in 1 Pa. Code §
													9.37 (relating to reservation of
						  numbers).