reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XIII - NAVIGATION COMMISSION FOR THE DELAWARE RIVER AND ITS NAVIGABLE TRIBUTARIES › Chapter 405 - PILOTS AND PILOTAGE › Section 405.34 - Misconduct

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Whenever the
				Commission has reason to believe that any pilot has committed an act of
				misconduct, negligence or incapacity, the Commissioners will appoint a time and
				place of hearing of which due notice will be given the pilot, and, upon due
				proof being made thereof to the Commissioners, they will fine the pilot in any
				sum not exceeding the amount of the pilotage of the ship or vessel to which the
				damage shall have happened or suspend the pilot for any term which the
				Commissioners may deem proper.
(b)
				A person may submit a written complaint to the Commission charging and
				specifying misconduct, negligence or incapacity of a pilot. The complaint shall
				state the following:
(1) The basis for
				Commission jurisdiction.
(2) The
				date and place of the offense.
(3)
				The facts constituting the offense.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XIII - NAVIGATION COMMISSION FOR THE DELAWARE RIVER AND ITS NAVIGABLE TRIBUTARIES › Chapter 405 - PILOTS AND PILOTAGE › Section 405.35 - Intoxication

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon
				satisfactory proof being made to the Commissioners that any pilot, while having
				charge of a ship or vessel, was intoxicated, it will be the duty of the
				Commissioners to suspend such pilot for any term not less than 1 year; in case
				of the suspension, the pilot shall deliver to the Commissioners his license, to
				be kept by them until the time of suspension expires.
(b) Upon satisfactory proof of a second
				violation-intoxication while in charge of a ship or vessel, the pilot shall be
				deprived of his license permanently.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XIII - NAVIGATION COMMISSION FOR THE DELAWARE RIVER AND ITS NAVIGABLE TRIBUTARIES › Chapter 405 - PILOTS AND PILOTAGE › Section 405.36 - Federal license

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A pilot
				shall notify the Commission within 14 calendar days if the United States Coast
				Guard suspends or revokes a pilot's Federal license, or if a pilot voluntarily
				deposits or voluntarily surrenders his Federal license with the United States
				Coast Guard under 46 CFR
				5.201-5.205 (relating to deposit or
				surrender of Coast Guard credential or endorsement), thereby making the pilot's
				Federal license inactive.
(b) If
				the United States Coast Guard suspends, revokes, or accepts the voluntary
				deposit or voluntary surrender of the license of a Federal pilot, the
				Commission may, after notice and an opportunity for a hearing in accordance
				with
				2
				Pa.C.S. §
										§
										501-508 and
				701-704 (relating to
				Administrative Agency Law), revoke, suspend, limit or otherwise restrict the
				pilot's state license.
The provisions of this §
											405.36 issued under section 4 of
					 the act of March 29, 1803 ( P.
					 L. 542, 4 Sm.L. 67) (55 P. S. §
												31); and section 2504-B(4) of The
					 Administrative Code of 1929 (71 P. S. §
												670.2(4)).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XIII - NAVIGATION COMMISSION FOR THE DELAWARE RIVER AND ITS NAVIGABLE TRIBUTARIES › Chapter 407 - NAVIGATION › GENERAL PROVISIONS › Section 407.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
					 have the following meanings unless the context clearly indicates
					 otherwise.
Agent
- An individual, corporation or
					 other entity contracting to man, victual, navigate or operate a
					 vessel.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XIII - NAVIGATION COMMISSION FOR THE DELAWARE RIVER AND ITS NAVIGABLE TRIBUTARIES › Chapter 407 - NAVIGATION › GENERAL PROVISIONS › Section 407.2 - Authority

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Section 4 of
				  the act of July 9, 1976 ( P.
				  L. 980, No. 197) (71 P. S. §
											670.2) authorizes the Commission to
				  promulgate rules and regulations necessary for the proper navigation of the
				  River.
(b) Section 1 of the act of
				  May 9, 1913 ( P. L.
				  185, No. 126) (55 P. S. §
											401) authorizes the Commissioners to make
				  rules for regulating the speed of vessels navigating the River and its
				  navigable tributaries, between Marcus Hook and Bristol, in this Commonwealth,
				  provided, that the rules may not extend to, impair, or in any way infringe on,
				  the mutual arrangements entered into by this Commonwealth and the state of New
				  Jersey.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XIII - NAVIGATION COMMISSION FOR THE DELAWARE RIVER AND ITS NAVIGABLE TRIBUTARIES › Chapter 407 - NAVIGATION › GENERAL PROVISIONS › Section 407.3 - Regulation Enforcement

Current through Register Vol. 54, No. 28, July 13, 2024
It will be the duty of the Chairperson of the Commission to
					 take the necessary action to enforce this chapter, and, if a person refuses or
					 neglects to comply with the directions of the Chairperson of the Commission in
					 matters within the jurisdiction of his office, or shall knowingly fail to
					 comply with this chapter, or if a person obstructs or prevents the Chairperson
					 in the execution of his duties, the person shall be guilty of a misdemeanor
					 and, upon conviction thereof, shall be sentenced to pay, for each offense, a
					 fine not exceeding $500 unless another penalty is specified.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XIII - NAVIGATION COMMISSION FOR THE DELAWARE RIVER AND ITS NAVIGABLE TRIBUTARIES › Chapter 407 - NAVIGATION › NAVIGATION REGULATIONS › Section 407.11 - Sunken vessels

Current through Register Vol. 54, No. 28, July 13, 2024
(a) It shall be
				  the duty of the Chairperson of the Commission, immediately upon information of
				  the sinking of a vessel in the channelway of the tidewaters of the River or in
				  any of the docks thereof or in any location as to present a hazard to
				  navigation, to give notice to the owner, master or other agent having charge
				  thereof to raise and remove the obstruction or present a plan for the removal
				  satisfactory to the Commission within 10 days after the date of the notice,
				  under a penalty of $100, to and for the use of the Commonwealth.
(b) In case of refusal or neglect of the
				  parties interested, as set forth in subsection (a), to raise and remove an
				  obstruction within 10 days, it will be the further duty of the Chairperson to
				  have it raised and removed, at the expense of the owner, master or agent, and
				  the vessel and its cargo shall be subject to a lien, in the hands of the
				  Chairperson, until the expenses of raising and removing shall be fully paid to
				  him. The Chairperson is hereby authorized to sell at public auction to the
				  highest bidder, for cash, the property or so much thereof as is necessary to
				  pay the expenses of raising and removing, together with the penalty provided in
				  subsection (a) and the cost of sale, and he will return the surplus, if any, of
				  the sale to the person as shall be legally entitled to receive the
				  same.
(c) The Chairperson of the
				  Commission, before proceeding to sell the property, will give 5 days notice by
				  at least 20 printed handbills, to be posted in conspicuous places in the
				  immediate neighborhood of the locality setting forth a full description of his
				  property to be sold, together with the time and place of selling the same.
				  Should the sum realized from the sale be insufficient to pay the expenses of
				  raising and removing, together with the penalty and expenses of sale, the
				  Chairperson of Commissioners may sue for the amount of the deficiency in the
				  name of and for the benefit of the Commonwealth, in any court of the
				  Commonwealth having jurisdiction in similar cases, and it is the duty of the
				  Attorney General of the Commonwealth to institute and prosecute the suits at
				  the request of the Commissioners.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XIII - NAVIGATION COMMISSION FOR THE DELAWARE RIVER AND ITS NAVIGABLE TRIBUTARIES › Chapter 407 - NAVIGATION › NAVIGATION REGULATIONS › Section 407.12 - Removal of vessels

Current through Register Vol. 54, No. 28, July 13, 2024
If the Commission directs the removal of any vessel
					 obstructing commerce or navigation in the River and if the vessel is not
					 promptly moved as directed, it may cause the vessel to be moved at the expense
					 of the master or owners thereof, and, if such master or owners neglect or
					 refuse on demand to pay such an expense, the Commission may recover the amount
					 in an action of assumpsit.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XIII - NAVIGATION COMMISSION FOR THE DELAWARE RIVER AND ITS NAVIGABLE TRIBUTARIES › Chapter 407 - NAVIGATION › NAVIGATION REGULATIONS › Section 407.13 - Casting refuse

Current through Register Vol. 54, No. 28, July 13, 2024
If any person casts, places or leaves in position where the
					 same may be washed or drifted into the tideway of the River, any ballast,
					 cinders, ashes, dirt, refuse or any heavy article whatever, he, for every
					 offense, shall forfeit and pay a sum not exceeding $100, to be sued for and
					 recovered with costs of suit by the Chairperson of Commissioners, for the use
					 of the Commonwealth, before any magistrate of the city of Philadelphia or
					 before a district justice of the proper county.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XIII - NAVIGATION COMMISSION FOR THE DELAWARE RIVER AND ITS NAVIGABLE TRIBUTARIES › Chapter 407 - NAVIGATION › NAVIGATION REGULATIONS › Section 407.14 - Speed of vessels

Current through Register Vol. 54, No. 28, July 13, 2024
Every master, officer or other person, having charge of a
					 vessel navigating the River who operates a vessel at such speed as to risk harm
					 to persons or property shall forfeit and pay a sum not exceeding $50 for the
					 first offense and not less than $75 nor more than $100 for each subsequent
					 offense, to be sued for and recovered with costs of suit by the Chairperson of
					 Commissioners, for the use of the Commonwealth, before any magistrate of the
					 city of Philadelphia or before an alderman or district justice of the proper
					 county.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XIII - NAVIGATION COMMISSION FOR THE DELAWARE RIVER AND ITS NAVIGABLE TRIBUTARIES › Chapter 409 - WHARVES AND DOCKS › GENERAL PROVISIONS › Section 409.2 - Authority

Current through Register Vol. 54, No. 28, July 13, 2024
Section 4 of the act of June 8, 1907 (
					 P. L.
					 496, No. 322) (55 P. S. §
											391) authorizes the Commissioners to make
					 rules for regulating, stationing and anchoring ships, vessels and boats in the
					 River and its navigable tributaries, at the wharves, piers, or bulkheads or in
					 the docks, slips or basins extending into or on the River and its navigable
					 tributaries, for removing, from time to time, ships, vessels, and boats in
					 order to accommodate and make room for others or for admitting river craft to
					 pass in and out of the docks, slips and basins, and for compelling the masters
					 and captains of ships, vessels and boats to accommodate each other so that
					 ships, vessels and boats shall, for a reasonable time, be entitled to berths
					 next to the wharves, piers and bulkheads until they have landed or loaded their
					 cargoes.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XIII - NAVIGATION COMMISSION FOR THE DELAWARE RIVER AND ITS NAVIGABLE TRIBUTARIES › Chapter 409 - WHARVES AND DOCKS › GENERAL PROVISIONS › Section 409.3 - Regulation enforcement

Current through Register Vol. 54, No. 28, July 13, 2024
It will be the duty of the Chairperson to take the
					 necessary action to enforce this chapter, and, if any person shall refuse or
					 neglect to comply with the directions of the Chairperson in matters within the
					 jurisdiction of his office or shall knowingly fail to comply with this chapter
					 or if any person shall obstruct or prevent the Chairperson in the execution of
					 his duties, the person shall be guilty of a misdemeanor and, upon conviction
					 thereof, shall be sentenced to pay, for each offense, a fine not exceeding
					 $500, unless another penalty is specified.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XIII - NAVIGATION COMMISSION FOR THE DELAWARE RIVER AND ITS NAVIGABLE TRIBUTARIES › Chapter 409 - WHARVES AND DOCKS › WHARFAGE › Section 409.11 - Wharfage rates

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  Commission, after a hearing of the parties in interest, is authorized to
				  regulate the services and to fix the maximum rates for wharfage, cranage and
				  dockage.
(b) For the purposes of
				  this section, the Commissioners will not have jurisdiction within any city of
				  the first class.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XIII - NAVIGATION COMMISSION FOR THE DELAWARE RIVER AND ITS NAVIGABLE TRIBUTARIES › Chapter 409 - WHARVES AND DOCKS › WHARFAGE › Section 409.12 - Apportionment of wharfage

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In all
				  cases when the owners of adjoining wharves, docks, landings or riverfronts, or
				  any parts thereof, upon the River and not situated in cities of the first
				  class, shall disagree as to the proper apportionment of the wharfage or dockage
				  payable to them in accordance with their titles by persons making use of the
				  same or by vessels lying in front thereof, it will be the duty of the
				  Commissioners, upon the written application of one or more of the owners, after
				  notice to the parties interested, and in accordance with the established
				  customs and usages of the port or place where the wharves, docks, landings or
				  riverfront are located or, where there is no usage, then as justice and
				  equality may require, to determine the relative proportions of the wharfage or
				  dockage belonging to the several proprietors of the adjoining wharves, docks,
				  landings or riverfronts or any parts thereof.
(b) Nothing in this section shall be
				  construed to authorize the Commissioners to take cognizance of any question
				  involving the title of the property, but the jurisdiction and the power to
				  enforce the rights of the owners of the wharves, docks, landings and waterfront
				  to wharfage and dockage against persons or vessels heretofore or hereafter
				  using or lying opposite the same, shall remain as heretofore in the proper
				  courts of law.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XIII - NAVIGATION COMMISSION FOR THE DELAWARE RIVER AND ITS NAVIGABLE TRIBUTARIES › Chapter 409 - WHARVES AND DOCKS › WHARFAGE › Section 409.13 - Dock maintenance

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Whenever the owners or lessees of any wharf, pier, or bulkhead shall fail to
				  keep and maintain the adjoining docks cleaned and free from obstruction, it
				  will be lawful for the Chairperson of the Commission, upon default for 30 days
				  after the service of notice on the owners or lessees, to clean or cause the
				  docks to be cleaned and freed from obstructions, to apportion the expense among
				  the owners or lessees of the wharves, piers and bulkheads adjoining the docks,
				  in proportion to the extent of their wharves, piers or bulkheads having the
				  privilege of use of the docks, and to collect the cost and expense of the same
				  by filing liens therefore in the name of the Commonwealth and issuing process
				  thereupon as is provided by law in the case of liens filed for work done by a
				  municipal corporation. All liens for such work shall be filed by the Attorney
				  General of the Commonwealth and shall have the same force and effect as in the
				  case of liens for municipal work under existing laws.
(b) For the purposes of this section, the
				  Commissioners will not have jurisdiction within any city of the first
				  class.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XIII - NAVIGATION COMMISSION FOR THE DELAWARE RIVER AND ITS NAVIGABLE TRIBUTARIES › Chapter 409 - WHARVES AND DOCKS › WHARFAGE › Section 409.14 - Obstructing docks

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When fasts
				  or lines of vessels extend across a dock so as to obstruct passing vessels, the
				  captain or person in charge shall, when so ordered by the Commission, cause the
				  fasts or lines to be slackened or cast off. Such fasts or lines shall be marked
				  at night by a red light in the center thereof.
(b) Vessels lying at the ends of piers so as
				  to obstruct the passage to the adjoining docks must slack their lines or move
				  when necessary to acommodate other vessels entering or leaving the
				  docks.
(c) Vessels lying alongside
				  of a wharf and not taking in or discharging cargo must make way for and permit
				  other vessels that want to load or unload cargo to come inside next to
				  wharf.
(d) A dock may not be
				  unnecessarily obstructed by a vessel so as to prevent the loading or unloading
				  of cargo by another vessel.
(e)
				  Vessels lying in berths in positions where they extend beyond the line of the
				  pier do so at their own risk and may be held responsible for any damage that
				  may occur by reason of their encroachment on the River. The vessels shall
				  comply with United States Coast Guard Inland Rules of the Road provisions
				  governing signals and lights.
(f) A
				  provision of this section may not be interpreted to permit violation of any
				  applicable Federal law or regulation.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XIII - NAVIGATION COMMISSION FOR THE DELAWARE RIVER AND ITS NAVIGABLE TRIBUTARIES › Chapter 409 - WHARVES AND DOCKS › WHARFAGE › Section 409.15 - Vessels increasing width

Current through Register Vol. 54, No. 28, July 13, 2024
Vessels that increase their width by using ballast-logs,
					 pontoons or other devices of like nature must move such equipment within 4
					 hours notice to accommodate other vessels when so ordered by the Commission and
					 shall pay the expense of moving the other vessels that have to be moved to
					 allow the vessel with such appliances to enter or leave dock.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XIII - NAVIGATION COMMISSION FOR THE DELAWARE RIVER AND ITS NAVIGABLE TRIBUTARIES › Chapter 409 - WHARVES AND DOCKS › WHARFAGE › Section 409.16 - Accommodation of vessels loading and discharging cargo

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The master or captain of a vessel lying
				  alongside any wharf or pier loading or discharging cargo and encroaching
				  further on the waterway by working cargo or bunkers to or from floating
				  equipment from the offshore side must move such floating equipment upon four
				  hours notice, at the expense of the vessel loading or discharging cargo or
				  bunkers, in order to make way for the permit other vessels that want to load or
				  unload to come next to the wharf or pier. The same regulation shall be
				  applicable when a vessel is desirous of leaving a wharf or pier. Notice shall
				  be considered proper when given to the terminal operator of the wharf or pier
				  involved who shall forthwith notify the master, captain, agent or proper
				  representative of the vessel to be moved.
(b) Terminal operators should notify the
				  Commission of any violation of this section by written statement setting forth
				  the name of the violator, the time and place of the violation, and the name of
				  the aggrieved party.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XIV - DEPARTMENT OF THE AUDITOR GENERAL › Chapter 501 - AUDITEE REPORTING REQUIREMENTS-STATEMENT OF POLICY › Section 501.1 - Statement of policy

Current through Register Vol. 54, No. 28, July 13, 2024
The Department of the Auditor General declares that it
				  interprets the entities that are subject to the auditee reporting requirements
				  in section 403 of The Fiscal Code (72 P.S. §
										403) as including any Commonwealth executive
				  and independent department, board and commission, and any school district
				  receiving a direct or indirect appropriation from the Commonwealth
				  (auditee).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XIV - DEPARTMENT OF THE AUDITOR GENERAL › Chapter 501 - AUDITEE REPORTING REQUIREMENTS-STATEMENT OF POLICY › Section 501.2 - Performance audits

Current through Register Vol. 54, No. 28, July 13, 2024
Under case law, the Auditor General has the authority to
				  conduct "special" audits, including special performance audits, under sections
				  402 and 403 of The Fiscal Code (72 P.S. §
										§
										402 and
				  403).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XIV - DEPARTMENT OF THE AUDITOR GENERAL › Chapter 501 - AUDITEE REPORTING REQUIREMENTS-STATEMENT OF POLICY › Section 501.3 - Timely response

Current through Register Vol. 54, No. 28, July 13, 2024
Every auditee, including any Commonwealth department, board
				  and commission, and any school district, receiving recommendations in any of
				  its audits shall submit a response to the Department of the Auditor General
				  detailing adoption of the recommendations, or the reason why recommendations
				  have not been adopted (Act 44 Auditee Reporting Form), within 120 business days
				  of the publication of the audit.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XIV - DEPARTMENT OF THE AUDITOR GENERAL › Chapter 501 - AUDITEE REPORTING REQUIREMENTS-STATEMENT OF POLICY › Section 501.4 - Department auditee notice

Current through Register Vol. 54, No. 28, July 13, 2024
The Department of the Auditor General will provide notice to
				  every auditee (any department, board and commission, and any school district)
				  60 business days after the date of the audit's publication that future
				  appropriations could be denied for failure to respond.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XIV - DEPARTMENT OF THE AUDITOR GENERAL › Chapter 501 - AUDITEE REPORTING REQUIREMENTS-STATEMENT OF POLICY › Section 501.5 - Response notification

Current through Register Vol. 54, No. 28, July 13, 2024
The Department of the Auditor General (Department) will
				  regularly notify (quarterly) the Governor and the Chairpersons and Minority
				  Chairpersons of the Appropriations Committees of the Senate and the House of
				  Representatives of the auditees' responses received, accompanied by comments
				  the Department may wish to submit.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XIV - DEPARTMENT OF THE AUDITOR GENERAL › Chapter 501 - AUDITEE REPORTING REQUIREMENTS-STATEMENT OF POLICY › Section 501.6 - Web site postings

Current through Register Vol. 54, No. 28, July 13, 2024
The Department of the Auditor General (Department) will post
				  all of the auditees' responses on the Department's publicly accessible web
				  site.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XIV - DEPARTMENT OF THE AUDITOR GENERAL › Chapter 501 - AUDITEE REPORTING REQUIREMENTS-STATEMENT OF POLICY › Section 501.7 - Responses considered

Current through Register Vol. 54, No. 28, July 13, 2024
The Governor and the Chairpersons and Minority Chairpersons
				  of the Appropriations Committees of the Senate and the House of Representatives
				  may consider the auditees' responses when determining whether future
				  appropriations will be considered.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XIV - DEPARTMENT OF THE AUDITOR GENERAL › Chapter 501 - AUDITEE REPORTING REQUIREMENTS-STATEMENT OF POLICY › Section 501.8 - Failure to report notification

Current through Register Vol. 54, No. 28, July 13, 2024
If the auditee does not respond to the Department of the
				  Auditor General (Department) within 120 business days from the date of the
				  publication of the audit, the Department will notify the Governor and the
				  Chairpersons and Minority Chairpersons of the Appropriations Committees of the
				  Senate and the House of Representatives.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XIV - DEPARTMENT OF THE AUDITOR GENERAL › Chapter 501 - AUDITEE REPORTING REQUIREMENTS-STATEMENT OF POLICY › Section 501.9 - Failure to report considered

Current through Register Vol. 54, No. 28, July 13, 2024
The Governor and the Chairpersons and Minority Chairpersons
				  of the Appropriations Committees of the Senate and the House of Representatives
				  may consider a failure to respond to the audit when determining future
				  appropriations.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XIV - DEPARTMENT OF THE AUDITOR GENERAL › Chapter 501 - AUDITEE REPORTING REQUIREMENTS-STATEMENT OF POLICY › Section 501.10 - Department coordination

Current through Register Vol. 54, No. 28, July 13, 2024
The Department of the Auditor General (Department) will work
				  with the Chairpersons and Minority Chairpersons of the Appropriations
				  Committees of the Senate and the House of Representatives to determine the most
				  effective method to communicate information concerning responses to the
				  Department's audit recommendations based on the type of audit and significance
				  of the recommendations.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XIV - DEPARTMENT OF THE AUDITOR GENERAL › Chapter 501 - AUDITEE REPORTING REQUIREMENTS-STATEMENT OF POLICY › Appendix A

Current through Register Vol. 54, No. 28, July 13, 2024
Click here to view
				  image
Pursuant to Section
					 1.5 of Act 44, if the Auditee fails
					 to respond to the Department's recommendations within
120 business
					 days,
the Department will notify the Governor and the Chairpersons and
					 Minority Chairpersons of the Appropriations Commitees of the Senate and the
					 House of Representatives, which may consider and Auditee's failure to respond
					 to the Department's audit when determining the Auditee's future
					 appropriations.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 601a - GENERAL PROVISIONS; CLASSIFICATION SYSTEM › Subchapter A - GENERAL PROVISIONS › Section 601a.1 - Short title

Current through Register Vol. 54, No. 28, July 13, 2024
This subpart shall be known and cited as the "Rules of
						Classified Service Employment."
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 601a - GENERAL PROVISIONS; CLASSIFICATION SYSTEM › Subchapter A - GENERAL PROVISIONS › Section 601a.2 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This subpart is
					 designed to effectuate civil service reform, as required by 71 Pa.C.S. Part III
					 (relating to civil service reform).
(b) This subpart implements and supplements
					 71 Pa.C.S. Part III and is to be read together with the applicable provisions
					 of the act.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 601a - GENERAL PROVISIONS; CLASSIFICATION SYSTEM › Subchapter A - GENERAL PROVISIONS › Section 601a.4 - Veterans' preference

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Application of veterans' preference.
(1) In determining standing on each certified
					 eligible list, the Office of Administration will credit an additional 10 points
					 to the final examination score obtained by a veteran, in accordance with the
					 act and 51 Pa.C.S. Chapter 71 (relating to veterans' preference).
(2) An appointing authority shall give
					 preference to veterans in accordance with the act and 51 Pa.C.S. Chapter
					 71.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 601a - GENERAL PROVISIONS; CLASSIFICATION SYSTEM › Subchapter A - GENERAL PROVISIONS › Section 601a.5 - Age preference

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In
					 accordance with the act, this subpart and section 2203-A of the Administrative
					 Code of 1929 (71 P.S. §
												581-3(b)), the Department of
					 Aging shall give preference to eligibles who are 60 years of age or older and
					 within the rule of three or applicable alternate rule.
(b) Notwithstanding eligibles qualifying for
					 veterans' preference under 51 Pa.C.S. Chapter 71 (relating to veterans'
					 preference) and this subpart, the Department of Aging may select an eligible
					 qualifying for age preference in accordance with the act, this subpart and
					 section 2203-A of the Administrative Code of 1929.
(c) Certified eligible lists issued to the
					 Department of Aging will indicate those applicants with age preference
					 status.
This section cited in 4 Pa. Code §
													602a.21 (relating to content of
						  certification).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 601a - GENERAL PROVISIONS; CLASSIFICATION SYSTEM › Subchapter A - GENERAL PROVISIONS › Section 601a.6 - Reasonable accommodations

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Equal employment opportunity.
The Commonwealth is an equal
					 opportunity employer. Accordingly, the Office of Administration will ensure
					 that vacancy postings, applications and examinations are accessible to
					 individuals with disabilities, thereby providing an opportunity to fairly
					 compete for and pursue career opportunities.
(b)
Reasonable
					 accommodations.
Reasonable accommodations in the application and
					 examination process will be provided to an individual with a disability upon
					 request to the Office of Administration, in accordance with Federal and State
					 law. Information on submitting requests for accommodations in the application
					 and examination process shall be available on the Office of Administration's
					 web site.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 601a - GENERAL PROVISIONS; CLASSIFICATION SYSTEM › Subchapter A - GENERAL PROVISIONS › Section 601a.7 - Service to departments, boards and commissions, agencies and political subdivisions; reimbursement for services

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Acquisition of services.
The merit system employment services and facilities of the Office of
					 Administration, and its staff, will be made available to departments, boards,
					 commissions or agencies, and political subdivisions of the Commonwealth, under
					 the following terms and conditions:
(1) A
					 formal request for extension of the merit system employment services of the
					 Office of Administration shall be made in writing and shall be signed by the
					 executive head or chair of the requesting department, board, commission or
					 agency, or the proper official of the political subdivision. If appropriate,
					 the written request shall be accompanied by a resolution or similar document
					 adopted by the board, commission or agency, or by the proper official of the
					 political subdivision.
(2) A
					 request for the extension of services may be granted at the discretion of the
					 Office of Administration.
(3)
					 Granting of the request shall be evidenced by a formal written contract or
					 agreement, consistent with this section, between the department, board,
					 commission, agency, or political subdivision and the Office of Administration.
					 The written contract or agreement shall include a provision addressing the
					 termination of the contract or agreement.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 601a - GENERAL PROVISIONS; CLASSIFICATION SYSTEM › Subchapter A - GENERAL PROVISIONS › Section 601a.8 - Electronic records and signatures

Current through Register Vol. 54, No. 28, July 13, 2024
The Office of Administration or an appointing authority
						may, in its discretion, utilize and accept, in the form and manner prescribed
						by the entity, electronic records and electronic signatures, where written
						documents, forms, signatures or other required submissions are required by this
						subpart, provided that such records and signatures comply with the Uniform
						Electronic Transactions Act (73 P.S. §
												§
												2260.303-2260.312), and other laws governing
						electronic records and signatures.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 601a - GENERAL PROVISIONS; CLASSIFICATION SYSTEM › Subchapter B - CLASSIFICATION SYSTEM › Section 601a.9 - General

Current through Register Vol. 54, No. 28, July 13, 2024
In accordance with
						71 Pa.C.S. §
												2504
						(relating to classification and compensation), the Office of Administration
						will utilize the Commonwealth's classification system, as established by the
						Board, for those positions within the classified service unless otherwise set
						forth in a written contract or agreement under §
											601a.7(a)(3)
						(relating to service to departments, boards and commissions, agencies and
						political subdivisions; reimbursement for services).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 601a - GENERAL PROVISIONS; CLASSIFICATION SYSTEM › Subchapter B - CLASSIFICATION SYSTEM › Section 601a.10 - Trainee job classifications

Current through Register Vol. 54, No. 28, July 13, 2024
Subject to the approval of the Board, the Office of
						Administration, in cooperation with the appointing authorities, may designate
						specific jobs classifications for training purposes, provided the trainee
						classification corresponds to a working level job
						classification.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 601a - GENERAL PROVISIONS; CLASSIFICATION SYSTEM › Subchapter B - CLASSIFICATION SYSTEM › Section 601a.11 - Intern job classifications

Current through Register Vol. 54, No. 28, July 13, 2024
Subject to the approval of the Board, the Office of
						Administration, in cooperation with the appointing authorities, may designate
						specific job classifications for internship purposes, provided the intern
						classification corresponds to one or more trainee job classification or working
						level job classification.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 601a - GENERAL PROVISIONS; CLASSIFICATION SYSTEM › Subchapter B - CLASSIFICATION SYSTEM › Section 601a.12 - Minimum classifications

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Applicants.
To ensure that all employees in the classified
					 service are qualified for their respective positions, applicants must meet the
					 minimum qualifications for employment in the job classification for which the
					 applicant applied.
(b)
Employees.
Employees in the classified service must meet the
					 minimum qualifications for employment in the job classification in which the
					 employee is employed. When the Office of Administration determines that an
					 employee does not meet the minimum qualifications of the job classification in
					 which the employee is employed, the Office of Administration shall take
					 appropriate action to ensure conformance with the act.
This section cited in 4 Pa. Code §
													602a.6 (relating to evaluation of
						  applications).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 601a - GENERAL PROVISIONS; CLASSIFICATION SYSTEM › Subchapter B - CLASSIFICATION SYSTEM › Section 601a.13 - Unclassified service

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Requests for inclusion in the unclassified service.
If an
					 appointing authority believes that a position or group of positions should be
					 included in the unclassified service, as defined by
					 71 Pa.C.S. §
												2103
					 (relating to definitions), the appointing authority shall submit to the Office
					 of Administration a written request to include the position or group of
					 positions in the unclassified service. The written request must include the
					 basis for the request and all supporting documentation.
(b)
Requests based on participation
					 in policy decisions.
When reviewing a request submitted under
					 subsection (a), which is based on the position's participation in policy
					 decisions, the Office of Administration may consider the following:
(1) The level of participation in policy
					 decisions required of the position, including the level of independence and
					 discretion exercised by the position in the formulation or implementation of
					 agency policy.
(2) The degree of
					 decision making exercised by the position.
(3) The position's organizational placement
					 and pay assignment.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 602a - APPOINTMENTS AND PROMOTIONS IN THE CLASSIFIED SERVICE › Subchapter A - RESIDENCY REQUIREMENT › Section 602a.1 - Residency requirement

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Requirement.
An applicant seeking appointment or promotion to
					 a position in the classified service shall be a resident or former resident of
					 the Commonwealth. This subsection does not apply to an individual who was
					 previously a regular employee and who is returned to employment from an
					 approved leave of absence, through mandatory reemployment, or through
					 contractual recall or placement rights.
(b)
Resident defined.
Except
					 as otherwise provided in this subsection, a resident is an applicant whose
					 current primary residence is within the Commonwealth.
(1)
College students.
Residents include:
(i) An applicant who is
					 attending a college, university or technical school outside of this
					 Commonwealth, was a resident of this Commonwealth immediately prior to current
					 scholastic enrollment and maintains a current Pennsylvania mailing
					 address.
(ii) An applicant who is
					 attending a college, university or technical school located within this
					 Commonwealth, is currently living in this Commonwealth and maintains a current
					 Pennsylvania mailing address.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 602a - APPOINTMENTS AND PROMOTIONS IN THE CLASSIFIED SERVICE › Subchapter B - RECRUITMENT METHODS; SELECTIVE CRITERIA › Section 602a.2 - Recruitment methods

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Generally.
Except as otherwise authorized by this section,
					 recruitment for a vacant position in the classified service will be through
					 examination. Examinations may be for a single position or for employment in a
					 job classification generally.
(b)
Internal recruitment methods.
In lieu of examination, an
					 appointing authority may limit recruitment methods for a position to only those
					 applicants qualified for a promotion, transfer, reassignment, demotion or
					 reinstatement, or any combination of these internal recruitment
					 methods.
(c)
Specific
					 locations.
When an appointing authority limits the recruitment methods
					 for a position as set forth in subsection (b), it may further limit recruitment
					 to only those applicants who are currently employed by the appointing authority
					 or to only those applicants who are currently employed within a specific
					 bureau, division, office, program area or section of the appointing
					 authority.
(d)
Reemployment
					 lists.
In accordance with the act and §
											604a.5(h)
					 (relating to furlough), where a preferred reemployment list or a mandatory
					 reemployment list exists for the job classification to which there is a vacant
					 position, an appointing authority shall first attempt to fill the position
					 using the applicable preferred reemployment list or mandatory reemployment list
					 prior to using other recruitment methods.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 602a - APPOINTMENTS AND PROMOTIONS IN THE CLASSIFIED SERVICE › Subchapter B - RECRUITMENT METHODS; SELECTIVE CRITERIA › Section 602a.3 - Selective criteria

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Generally.
Upon the request of an appointing authority, the
					 Office of Administration may restrict certification or referral for a position
					 based on selective criteria.
(b)
Basis for selective criteria.
Selective criteria shall be
					 based on merit-related factors deemed necessary to the operational needs of the
					 appointing authority and in the interest of the service to the Commonwealth.
					 Selective criteria may include a bona fide occupational qualification deemed
					 necessary for employment in a specific position, or other factors necessary to
					 comply with Federal and State laws and regulations.
(c)
Request.
A request to
					 restrict application for a position based on selective criteria shall be
					 submitted using the form prescribed by the Office of Administration.
This section cited in 4 Pa. Code §
													602a.6 (relating to evaluation of
						  applications).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 602a - APPOINTMENTS AND PROMOTIONS IN THE CLASSIFIED SERVICE › Subchapter C - VACANCY POSTINGS AND APPLICATION PROCESS › Section 602a.4 - Vacancy postings

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Content of vacancy postings.
A vacancy posting shall be
					 published using the form prescribed by the Office of Administration and, at a
					 minimum, must include all of the following information:
(1) The appointing authority.
(2) The relevant bureau, division, office or
					 program area.
(3) The job
					 classification.
(4) The position
					 number, if assigned.
(5) The salary
					 range or hourly rate of pay.
(6)
					 The position(s) type(s).
(7) The
					 location of the position(s).
(8) A
					 general description of the position(s) and work to be performed.
(9) Contact information of the appointing
					 authority.
(10) Notice of the
					 residency requirement, or notice of the waiver of the residency
					 requirement.
(11) The minimum
					 qualifications for the job classification.
(12) Selective criteria required for
					 appointment or promotion to the position(s), if applicable.
(13) The examination information or the
					 internal recruitment methods, including, if applicable, the job
					 classification(s) constituting the next lower classification and a requirement
					 that applicants submit their most recent employee performance review.
(14) The closing date and time of the vacancy
					 posting.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 602a - APPOINTMENTS AND PROMOTIONS IN THE CLASSIFIED SERVICE › Subchapter C - VACANCY POSTINGS AND APPLICATION PROCESS › Section 602a.5 - Application requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Submission of applications.
An application shall be submitted
					 using the form prescribed by the Office of Administration, which will be
					 available through the Office of Administration's web site and shall contain a
					 statement made subject to the penalties of
					 18 Pa.C.S. §
												4904
					 (relating to unsworn falsification to authorities), verifying the truthfulness
					 of all responses contained in the application.
(1)
Timeliness of
					 applications.
An application shall be submitted by the date and time
					 specified in the vacancy posting. An application submitted by 11:59 p.m.
					 Eastern Time on the closing date indicated on the vacancy posting will be
					 deemed submitted within the specified time limit.
(2)
Completeness of
					 applications.
An applicant shall include on their application all
					 information necessary for determining whether the applicant possesses the
					 minimum qualifications for employment in the relevant job classification and,
					 where applicable, the selective criteria required for appointment or promotion
					 to the specific position to which the applicant applied. An applicant's failure
					 to comply with this provision may result in the applicant's application being
					 deemed incomplete.
(3)
Rejection of applications.
The Office of Administration may
					 reject an incomplete or untimely submitted application. Whenever an application
					 has been rejected, notice, with the reasons for the rejection, shall be given
					 to the applicant.
(4)
Discretionary acceptance of applications.
The Office of
					 Administration may extend the deadline for the acceptance of applications if
					 sufficient need exists for additional applicants and if the acceptance of
					 additional applications is uniformly applied to all applications for the
					 position(s) filed on the same date or on an earlier date. The Office of
					 Administration, in its discretion, may accept applications filed after the date
					 and time specified in the vacancy posting if it determines extraordinary
					 circumstances warrant acceptance.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 602a - APPOINTMENTS AND PROMOTIONS IN THE CLASSIFIED SERVICE › Subchapter C - VACANCY POSTINGS AND APPLICATION PROCESS › Section 602a.7 - Audit of applications

Current through Register Vol. 54, No. 28, July 13, 2024
Information included on an applicant's application may be
						subject to audit by the Office of Administration, including audit after the
						applicant's appointment or promotion. Audits performed under this section are
						separate and distinct from any verification or background check performed by
						the Office of Administration an appointing authority or human resources staff
						supporting an appointing authority. If the Office of Administration cannot
						confirm information included on an applicant's application, the applicant may
						be deemed ineligible for appointment or promotion to the relevant position or
						otherwise removed from the position.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 602a - APPOINTMENTS AND PROMOTIONS IN THE CLASSIFIED SERVICE › Subchapter D - EXAMINATIONS › Section 602a.8 - Selection of examination method

Current through Register Vol. 54, No. 28, July 13, 2024
The appointing authority shall select the method of
						examination to be used for the job classification or position(s) for which the
						employment list or promotion list is being established. Except as otherwise
						authorized in this subpart, or as authorized in writing by the Office of
						Administration, appointing authorities may not develop and administer their own
						examinations for appointment or promotion in the classified
						service.