reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 37 - LAW › Part VIII - Automated Criminal Justice Information Systems › Chapter 601 - AUTOMATED CRIMINAL JUSTICE INFORMATION SYSTEMS- STATEMENT OF POLICY › Section 601.2 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter is applicable to criminal justice agencies, as
				  defined at
				  18 Pa.C.S. §
										9102
				  (relating to definitions), which establish and operate an automated criminal
				  justice information system and collect protected information in or disseminate
				  protected information from that system.
Pennsylvania Code › Title 37 - LAW › Part VIII - Automated Criminal Justice Information Systems › Chapter 601 - AUTOMATED CRIMINAL JUSTICE INFORMATION SYSTEMS- STATEMENT OF POLICY › Section 601.4 - Duties of criminal justice agencies

Current through Register Vol. 54, No. 28, July 13, 2024
A criminal justice agency may place intelligence information
				  in and disseminate intelligence information from an automated system only
				  if:
(1) The agency has adopted
				policies and procedures consistent with this chapter and the act.
(2) The head of the agency or a designee has
				designated an intelligence officer to act for the agency as set forth in this
				chapter.
Pennsylvania Code › Title 37 - LAW › Part VIII - Automated Criminal Justice Information Systems › Chapter 601 - AUTOMATED CRIMINAL JUSTICE INFORMATION SYSTEMS- STATEMENT OF POLICY › Section 601.5 - Collection of protected information in automated systems

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Intelligence information
. A criminal justice agency may collect intelligence information in an
				automated system only if the following conditions are met:
(1) The intelligence information concerns an
				individual or group which the criminal justice agency reasonably suspects of
				criminal activity.
(2) The
				intelligence information is related to criminal activity that would give rise
				to prosecution for a State offense graded a misdemeanor or felony or for a
				Federal offense for which the penalty is imprisonment for more than 1
				year.
(3) The intelligence
				information is categorized based upon subject matter.
(4) The intelligence information does not
				concern participation in a political, religious or social organization, or in
				the organization or support of a nonviolent demonstration, assembly, protest,
				rally or similar form of public speech, unless there is a reasonable suspicion
				that the participation by the subject of the information is related to criminal
				activity or prison rule violation.
(5) The intelligence information is not
				collected in violation of State law.
Pennsylvania Code › Title 37 - LAW › Part VIII - Automated Criminal Justice Information Systems › Chapter 601 - AUTOMATED CRIMINAL JUSTICE INFORMATION SYSTEMS- STATEMENT OF POLICY › Section 601.6 - Security

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Security requirements.
Every criminal justice agency
				collecting, storing or disseminating intelligence information, investigative
				information or treatment information shall insure the confidentiality and
				security of the information by providing that, wherever the information is
				maintained, the criminal justice agency shall:
(1) Institute procedures to reasonably
				protect a repository from theft, fire, sabotage, flood, wind or other natural
				or manmade disasters.
(2) Select,
				supervise and train personnel authorized to have access to intelligence
				information, investigative information or treatment information.
(3) Insure that the equipment used for
				maintaining intelligence information, investigative information or treatment
				information is dedicated solely to purposes related to the administration of
				criminal justice. If the equipment is not used solely for the administration of
				criminal justice, the criminal justice agency is accorded equal management
				participation in computer operations used to maintain the intelligence
				information, investigative information or treatment information.
(4) Adopt administrative, technical and
				physical safeguards, including audit trails, to insure against unauthorized
				access and against intentional or unintentional damages.
(5) Label information to indicate levels of
				sensitivity and levels of confidence in the information.
Pennsylvania Code › Title 37 - LAW › Part VIII - Automated Criminal Justice Information Systems › Chapter 601 - AUTOMATED CRIMINAL JUSTICE INFORMATION SYSTEMS- STATEMENT OF POLICY › Section 601.7 - Dissemination of information

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Intelligence information
. A criminal justice agency may
				disseminate intelligence information only if the following conditions are met:
(1) An authorized intelligence officer
				determines that the information to be disseminated is reliable.
(2) The information is requested in
				connection with the duties of the criminal justice agency requesting the
				information, and the request for information is based upon a name,
				fingerprints, modus operandi, genetic typing, voice print or other identifying
				characteristic.
(3) The criminal
				justice agency requesting the information certifies to the disseminating agency
				that it has adopted policies and procedures consistent with this chapter and
				the act.
Pennsylvania Code › Title 37 - LAW › Part VIII - Automated Criminal Justice Information Systems › Chapter 601 - AUTOMATED CRIMINAL JUSTICE INFORMATION SYSTEMS- STATEMENT OF POLICY › Section 601.8 - Retention of records

Current through Register Vol. 54, No. 28, July 13, 2024
Criminal justice agencies shall establish retention schedules
				  for intelligence information. Intelligence information shall be purged under
				  the following conditions:
(1) The data
				is no longer relevant or necessary to the goals and objectives of the criminal
				justice agency.
(2) The data has
				become obsolete, making it unreliable for present purposes, and the utility of
				updating the data would be worthless.
(3) The data cannot be used for strategic or
				tactical intelligence studies.
Pennsylvania Code › Title 37 - LAW › Part VIII - Automated Criminal Justice Information Systems › Chapter 601 - AUTOMATED CRIMINAL JUSTICE INFORMATION SYSTEMS- STATEMENT OF POLICY › Section 601.9 - Review and audit

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Review of policies and procedures
. The Office of Attorney
				General will conduct reviews of State criminal justice agencies' automated
				policies and procedures established under this chapter to ensure that this
				chapter is upheld.
(b)
Municipal police audits
. The State Police shall conduct an
				annual audit of at least 5% of municipal police department plans, policies or
				procedures which are implemented under
				18 Pa.C.S. §
										9106(c) (relating to
				prohibited information), to ensure that this chapter is upheld. The first audit
				shall be conducted by February 18, 1992. A copy of the audit shall be submitted
				to the Office of Attorney General.
Pennsylvania Code › Title 37 - LAW › Part VIII - Automated Criminal Justice Information Systems › Chapter 601 - AUTOMATED CRIMINAL JUSTICE INFORMATION SYSTEMS- STATEMENT OF POLICY › Section 601.10 - Plan approval

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				Before a municipal police department requests dissemination of protected
				information from another criminal justice agency, the police department shall
				file a copy of its procedures with the State Police for approval. The plan
				shall be reviewed within 60 days.
(b) Before a district attorney requests
				dissemination of protected information from another criminal justice agency,
				the district attorney shall file a copy of its procedures with the Office of
				Attorney General for approval. The plan will be reviewed within 60
				days.
(c) Before a State criminal
				justice agency requests dissemination of protected information from another
				criminal justice agency, the agency shall file a copy of its procedures with
				the Office of Attorney General.
Pennsylvania Code › Title 37 - LAW › Part VIII - Automated Criminal Justice Information Systems › Chapter 601 - AUTOMATED CRIMINAL JUSTICE INFORMATION SYSTEMS- STATEMENT OF POLICY › Section 601.11 - Penalties

Current through Register Vol. 54, No. 28, July 13, 2024
A person, including an agency or organization, who violates
				  this chapter or the plans approved under this chapter shall be subject to the
				  administrative penalties provided in
				  18 Pa.C.S. §
										9181
				  (relating to general administrative sanctions) and the civil penalties provided
				  in
				  18 Pa.C.S. §
										9183
				  (relating to civil actions) in addition to other civil or criminal penalties
				  provided by law.
Pennsylvania Code › Title 37 - LAW › Part IX - Fireworks › Chapter 711 - REGISTRATION FOR FIREWORKS DISPLAYS › Section 711.1 - Registration of fireworks displayers and exhibitors

Current through Register Vol. 54, No. 28, July 13, 2024
A business entity, including a corporation, partnership or
				  sole proprietorship, which intends to perform, provide or supervise a fireworks
				  display or exhibition for profit within this Commonwealth shall register the
				  intention in writing to the Office of Attorney General, Criminal Law Division,
				  16th Floor Strawberry Square, Harrisburg, Pennsylvania 17120, prior to
				  performing, providing or supervising a fireworks display or
				  exhibition.
Pennsylvania Code › Title 37 - LAW › Part IX - Fireworks › Chapter 711 - REGISTRATION FOR FIREWORKS DISPLAYS › Section 711.2 - Contents of registration

Current through Register Vol. 54, No. 28, July 13, 2024
A request for registration shall contain the following
				  information:
(1) The full name of the
				business entity.
(2) The current
				address and phone number of the business entity.
(3) The name under which the business will be
				operating if it is different than the name of the business entity.
(4) The name, address, date of birth and
				social security number of the owner of the business if it is a sole
				proprietorship.
(5) The name,
				address, date of birth and social security number of the partners in the
				business, if it is a partnership.
(6) The name, address, date of birth and
				social security number of the president and majority shareholders in the
				corporation.
(7) A description of
				the type of business activity that will be conducted.
(8) The permit number, type and expiration
				date of the applicant's ATF (Department of Treasury, Bureau of Alcohol, Tobacco
				and Firearms) permit.
(9) The
				permit number and expiration date of the applicant's Department of
				Environmental Resources storage permit.
(10) The identity of local permits for the
				supervised display of fireworks.
Pennsylvania Code › Title 37 - LAW › Part IX - Fireworks › Chapter 711 - REGISTRATION FOR FIREWORKS DISPLAYS › Section 711.3 - Duration of registration

Current through Register Vol. 54, No. 28, July 13, 2024
Upon receipt of a request for registration under §
									711.1 (relating to registration of
				  fireworks displayers and exhibitors) which contains all of the information
				  required by §
									711.2 (relating to contents of
				  registration), the Attorney General will issue a certificate of registration
				  which is valid for 1 year from the date of its issuance. The certificate of
				  registration does not relieve the entity of the necessity of obtaining a permit
				  from the city, borough, town or township wherein a display or exhibition is to
				  occur.
Pennsylvania Code › Title 37 - LAW › Part IX - Fireworks › Chapter 711 - REGISTRATION FOR FIREWORKS DISPLAYS › Section 711.4 - Revocation and denial

Current through Register Vol. 54, No. 28, July 13, 2024
The Attorney General may revoke or deny the registration of a
				  business entity for failure to comply with the act of May 15, 1939 (P. L. 134,
				  No. 65) (35 P. S. §§
										1271-1277), known as the Fireworks Law, or
				  other applicable State or Federal laws regulating the purchase, possession,
				  transportation or storage of fireworks or other explosives.
Pennsylvania Code › Title 37 - LAW › Part X - Low-Level Radioactive Waste Disposal Regional Facilities › Chapter 721 - LOW-LEVEL RADIOACTIVE WASTE DISPOSAL REGIONAL FACILITY SITING FUND DISCLOSURE STATEMENT FEES › Section 721.1 - 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:
Act
-The Low-Level Radioactive Waste Disposal
				  Regional Facility Act (35 P. S. §§
										7131.101-7131.1101).
Business concern
-A corporation, association,
				  firm, partnership, trust or other form of commercial organization.
Contractor
-A person who enters into a
				  contract with the Department of Environmental Resources to implement the
				  Low-Level Radioactive Waste Disposal Act (35 P. S. §§
										7130.101-7130.905).
Contributor
-A person who is mandated to make
				  or who is voluntarily making contributions to the Regional Facility Siting Fund
				  created under the act.
Debt liability
-An obligation to repay funds
				  advanced for the overall operations or the acquisition or refinancing of major
				  assets of a contractor or contributor, excluding the obligation to repay
				  nonaffiliated suppliers of materials, equipment, supplies or inventory entered
				  into in the ordinary course of business.
Key employe
-With respect to radioactive
				  waste operations of a business concern, a person employed by a contractor or a
				  contributor in a supervisory capacity or empowered to make discretionary
				  decisions. The term does not include employes exclusively engaged in the
				  physical or mechanical collection, transportation, treatment, storage or
				  disposal of radioactive waste. Examples of key employes include senior nuclear
				  executives and plant managers.
Pennsylvania Code › Title 37 - LAW › Part X - Low-Level Radioactive Waste Disposal Regional Facilities › Chapter 721 - LOW-LEVEL RADIOACTIVE WASTE DISPOSAL REGIONAL FACILITY SITING FUND DISCLOSURE STATEMENT FEES › Section 721.2 - Disclosure statement fee

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				The fee for each disclosure statement and each supplement or material change to
				information contained in a disclosure statement, submitted to the Attorney
				General under sections 501-503 of the act (35 P. S. §§
										7131.501-7131.503) is $825 per each
				individual required to be listed therein or shown to have a beneficial interest
				other than an equity interest or debt liability in the business of the
				contractor or contributor, as further described in subsection (b).
(b) For purposes of this section, individuals
				required to be listed in a disclosure statement include contractors and
				contributors.
(c) If a contractor
				or contributor is a business concern, then all officers, directors, partners or
				key employes, and every person holding an equity in or debt liability of that
				business concern shall be listed in the disclosure statement. If the business
				concern or its parent organization is a publicly traded corporation or
				subsidiary of a publicly traded corporation, the contractor or contributor need
				only list the beneficial owners of more than 5% of the equity in or debt
				liability of the business concern. The following exceptions apply:
(1) If the debt liability of the business
				concern or its parent organization or subsidiary is held by a chartered lending
				institution, the contractor or contributor need only supply the name and
				address of the lending institution.
(2) If a class of equity securities of the
				business concern or its parent organization or subsidiary is registered on a
				National securities exchange, the contractor or contributor will be deemed in
				compliance with the provisions of this section requiring the disclosure of its
				equity and debt liabilities of itself, its parent organization and
				subsidiaries, if the business concern supplies copies of filings received by
				it, its parent organization and subsidiaries of Schedule 13-D or Schedule 13-G
				under section 13(g)(1) the Securities Exchange Act of 1934 (15 U.S.C.A. §
											78m(g)(1)).
Pennsylvania Code › Title 37 - LAW › Part XI - Office of the Victim Advocate › Chapter 802 - THE DOMESTIC AND SEXUAL VIOLENCE ADDRESS CONFIDENTIALITY PROGRAM › GENERAL PROVISIONS › Section 802.1 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter sets forth standards and procedures relating
					 to participation in the ACP on or after June 1, 2005, as well as waiver
					 requests from entities that have an interest in obtaining an ACP participant's
					 actual address.
Pennsylvania Code › Title 37 - LAW › Part XI - Office of the Victim Advocate › Chapter 802 - THE DOMESTIC AND SEXUAL VIOLENCE ADDRESS CONFIDENTIALITY PROGRAM › GENERAL PROVISIONS › Section 802.2 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The following
				  words and terms, when used in this chapter, have the following meanings, unless
				  the context clearly indicates otherwise:
ACP
-The Domestic and Sexual Violence
					 Victim Address Confidentiality Program (see
					 23 Pa.C.S. §
												6703
					 (relating to Address Confidentiality Program)).
ACP authorization card
-A card issued by
					 the OVA under §
											802.12 (relating to
					 certification).
ACP code
-An identifying number unique to
					 each ACP participant.
Act
-The Domestic and Sexual Violence
					 Victim Address Confidentiality Act (23 Pa.C.S. §§
												6701-6713).
Agent for service of process
-Third party
					 agent for the formal delivery of a writ, summons or other legal process.
Cohabitant
-A person who is a member of the
					 same household as an ACP participant who is certified by the OVA to participate
					 in ACP.
OVA
-The Office of the Victim Advocate.
Victim service provider
-A State or local
					 agency that provides services to victims of domestic violence, sexual assault
					 or other crimes.
(b) The
				  definitions in section 6702 of the act (23 Pa.C.S. §
											6702) (relating to definitions) are
				  incorporated by reference.
Pennsylvania Code › Title 37 - LAW › Part XI - Office of the Victim Advocate › Chapter 802 - THE DOMESTIC AND SEXUAL VIOLENCE ADDRESS CONFIDENTIALITY PROGRAM › GENERAL PROVISIONS › Section 802.3 - Persons eligible for participation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as otherwise provided in the act,
				  the following persons are eligible for participation:
(1) Victims of domestic violence.
(2) Victims of sexual assault.
(3) Victims of stalking.
(4) A minor child who is a member of the same
				  household as an ACP participant.
(5) An adult who is a cohabitant of an ACP
				  participant.
(6) An ACP participant
				  who notifies OVA of the ACP participant's intent to continue participation
				  prior to expiration of the 3-year ACP certification period.
Pennsylvania Code › Title 37 - LAW › Part XI - Office of the Victim Advocate › Chapter 802 - THE DOMESTIC AND SEXUAL VIOLENCE ADDRESS CONFIDENTIALITY PROGRAM › PROGRAM › Section 802.11 - Application

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An application
				  may be filed by any eligible person on the form provided by OVA.
(1) An eligible ACP participant may apply, in
				  person, at a victim service provider.
(2) The role of the victim service provider
				  is to:
(i) Assist the eligible person in
				  determining whether ACP should be part of the person's overall safety
				  plan.
(ii) Explain ACP services and
				  limitations.
(iii) Explain ACP
				  participants' responsibilities.
(iv) Assist the person eligible for
				  participation with the completion of application materials.
Pennsylvania Code › Title 37 - LAW › Part XI - Office of the Victim Advocate › Chapter 802 - THE DOMESTIC AND SEXUAL VIOLENCE ADDRESS CONFIDENTIALITY PROGRAM › PROGRAM › Section 802.12 - Certification

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If OVA
				  determines that an applicant is eligible for participation in ACP, the ACP
				  participant is assigned a unique ACP number, known as an ACP code.
(b) ACP participant data will be entered into
				  OVA's confidential records.
(c) An
				  ACP authorization card is created and certified by OVA. The ACP authorization
				  card contains the ACP participant's substitute address.
(d) Certification is valid for 3 years unless
				  the certification is withdrawn by OVA, at the sole discretion of OVA, or
				  canceled by the ACP participant prior to the expiration of the 3-year
				  period.
(e) If the ACP participant
				  is a victim, witness, plaintiff or defendant involved in an ongoing civil or
				  criminal case, OVA will provide, upon certification, notice of the ACP
				  participant's substitute address to appropriate court officials in which an ACP
				  participant is a victim, witness, plaintiff or defendant. Appropriate officials
				  may include, but not be limited to, the county district attorney, clerks of
				  court or other agencies with prosecutorial authority.
(f) If an ACP participant who is a victim,
				  witness, plaintiff or defendant involved in an ongoing civil or criminal case
				  cancels, withdraws or expires from ACP participation, OVA will provide notice
				  to any appropriate court officials previously notified.
(g) Upon certification by OVA, the ACP
				  participant will receive the following:
(1)
				  Notification of the ACP participant's enrollment in ACP.
(2) A completed and laminated ACP
				  authorization card with the ACP participant's ACP code on the ACP authorization
				  card.
(3) ACP materials advising
				  the ACP participant how to use ACP when the ACP participant is dealing with
				  Commonwealth and local agencies.
Pennsylvania Code › Title 37 - LAW › Part XI - Office of the Victim Advocate › Chapter 802 - THE DOMESTIC AND SEXUAL VIOLENCE ADDRESS CONFIDENTIALITY PROGRAM › PROGRAM › Section 802.13 - Use of substitute address

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The substitute address shall be used in
				  the following format on all mail sent to an ACP participant:
Participant Name, (ACP #______ )
PO Box ______
Harrisburg, PA 17105
(b) The OVA will accept only first class,
				  registered and certified mail on behalf of an ACP participant at the substitute
				  address.
(c) The OVA will not
				  forward magazines, packages, articles of bulk mailing or other items of
				  mail.
(d) The OVA may arrange, at
				  the discretion of the OVA, to receive and forward other classes or kinds of
				  mail at the ACP participant's expense.
(e) ACP participant mail received at OVA will
				  be repackaged and forwarded, by means of first class mail, to the ACP
				  participant's actual address within 3 business days of receipt at the OVA. Mail
				  that is forwarded by OVA will use the ACP PO Box as a return address.
Pennsylvania Code › Title 37 - LAW › Part XI - Office of the Victim Advocate › Chapter 802 - THE DOMESTIC AND SEXUAL VIOLENCE ADDRESS CONFIDENTIALITY PROGRAM › PROGRAM › Section 802.14 - Marriage licenses

Current through Register Vol. 54, No. 28, July 13, 2024
(a) ACP
				  participants may use the substitute address as the ACP participant's
				  residential address when applying for a marriage license.
(b) ACP participants residing with the ACP
				  participant's parents may use the substitute address as the ACP participant's
				  residential address when applying for a marriage license.
(c) Adult children of an ACP participant may
				  use the substitute address as the ACP participant's residential address when
				  applying for a marriage license.
Pennsylvania Code › Title 37 - LAW › Part XI - Office of the Victim Advocate › Chapter 802 - THE DOMESTIC AND SEXUAL VIOLENCE ADDRESS CONFIDENTIALITY PROGRAM › PROGRAM › Section 802.15 - Certificate of vehicle title, security interest in vehicle, vehicle registration and driver's license

Current through Register Vol. 54, No. 28, July 13, 2024
(a) ACP
				  participants may use the substitute address as the ACP participant's actual
				  address when applying to the Department of Transportation (PennDOT) for the
				  following:
(1) A vehicle certificate of
				  title.
(2) A perfection of a
				  security interest in a vehicle.
(3)
				  Vehicle registration, including the process of self-certification of financial
				  responsibility.
(4) Applying for or
				  renewing a Commonwealth driver's license or a PennDOT identification
				  card.
Pennsylvania Code › Title 37 - LAW › Part XI - Office of the Victim Advocate › Chapter 802 - THE DOMESTIC AND SEXUAL VIOLENCE ADDRESS CONFIDENTIALITY PROGRAM › PROGRAM › Section 802.16 - ACP participant responsibility

Current through Register Vol. 54, No. 28, July 13, 2024
ACP participants shall:
(1) Notify OVA of any change in the
				  information provided to OVA during the ACP certification procedure.
(2) Provide the ACP participant's actual
				  address to OVA but can opt to receive mail forwarded by OVA at an alternative
				  address.
(3) Accept all mail
				  forwarded to them by OVA.
(4)
				  Designate OVA as the ACP participant's legal agent for service of process and
				  maintain responsibility for all legal documents received by OVA on behalf of
				  the ACP participant.
(5) Present
				  the ACP participant's ACP authorization card to Commonwealth and local
				  government agencies to receive ACP privileges.
(6) Notify OVA of any name change or change
				  of actual address within 5 calendar days of the date that the change
				  occurs.
Pennsylvania Code › Title 37 - LAW › Part XI - Office of the Victim Advocate › Chapter 802 - THE DOMESTIC AND SEXUAL VIOLENCE ADDRESS CONFIDENTIALITY PROGRAM › PROGRAM › Section 802.17 - Cancellation, expiration and voluntary withdrawal

Current through Register Vol. 54, No. 28, July 13, 2024
(a) ACP participation will expire 3 years
				  after the date of ACP certification. The date of expiration will be indicated
				  on the ACP authorization card.
(b)
				  At least 60 days prior to the expiration of certification, OVA will send
				  written notification to the ACP participant's actual address to afford the ACP
				  participant the option of continuing the ACP participant's ACP
				  certification.
(c) ACP participants
				  may voluntarily withdraw from ACP at any time by advising OVA in writing of the
				  ACP participant's intent to withdraw. OVA will verify, to the extent possible,
				  the accuracy of the request to ensure that the ACP participant is making the
				  request knowingly and voluntarily.
(d) The OVA may, in its sole discretion,
				  cancel an ACP participant's certification if the following occurs:
(1) The ACP participant provides false
				  information on any part of the ACP application.
(2) The ACP participant fails to notify OVA
				  of a change of name or change of address within 5 calendar days of the date
				  that the change occurred.
(3) The
				  ACP participant's mail is returned to OVA as nondeliverable.
Pennsylvania Code › Title 37 - LAW › Part XI - Office of the Victim Advocate › Chapter 802 - THE DOMESTIC AND SEXUAL VIOLENCE ADDRESS CONFIDENTIALITY PROGRAM › ADDRESS › Section 802.21 - Agency of use of substitute address

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Commonwealth and local government
				  agencies will accept the substitute address indicated on an ACP participant's
				  ACP authorization card whenever the ACP participant's actual address is
				  required except as set forth in
				  23 Pa.C.S. §
											6707(2) (relating to agency
				  use of designated address), which is incorporated by reference.
(b) The substitute address shall be in the
				  following format on all mail sent to the ACP participant by a Commonwealth or
				  local government agency:
Jane Doe, (ACP # ____)
PO Box_____
Harrisburg, PA 17105
(c) Commonwealth and local government
				  agencies are forbidden from requiring an ACP participant to disclose the ACP
				  participant's actual address.
(d)
				  Commonwealth and local government agencies may contact OVA during regular
				  business hours to verify a person's participation in ACP and the substitute
				  address.
Pennsylvania Code › Title 37 - LAW › Part XI - Office of the Victim Advocate › Chapter 802 - THE DOMESTIC AND SEXUAL VIOLENCE ADDRESS CONFIDENTIALITY PROGRAM › ADDRESS › Section 802.22 - ACP records and release of information

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Records regarding ACP applicants and
				  participants are the property of OVA. This includes, but is not limited to, the
				  following records:
(1) ACP
				  applications.
(2) Actual
				  residential, work or school, or both, addresses of ACP participant.
(3) Records related to Commonwealth or local
				  government agencies' requests for waiver.
Pennsylvania Code › Title 37 - LAW › Part XI - Office of the Victim Advocate › Chapter 802 - THE DOMESTIC AND SEXUAL VIOLENCE ADDRESS CONFIDENTIALITY PROGRAM › ADDRESS › Section 802.23 - Disclosure of actual address

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  OVA will disclose the actual address of an ACP participant in accordance with
				  23 Pa.C.S. §
											6708
				  (relating to disclosure of actual address), which is incorporated by
				  reference.
(b) Government agencies
				  may request emergency disclosure of an ACP participant's actual address by
				  contacting the phone number established by the OVA.
(c) For government agencies making requests
				  for emergency disclosure, the requirements are contained in
				  23 Pa.C.S. §
											6710(c) (relating to
				  emergency disclosure), which are incorporated by reference.
(d) The OVA will disclose an ACP
				  participant's actual address in accordance with
				  23 Pa.C.S. §
											6710(b), which is
				  incorporated by reference.
(e)
				  Determinations regarding the emergency disclosure of an ACP participant's
				  actual address will be made solely at the discretion of the Victim Advocate or
				  the designee of the Victim Advocate.
This section cited in 37 Pa. Code §
												802.22 (relating to ACP records
						and release of information).
Pennsylvania Code › Title 37 - LAW › Part XI - Office of the Victim Advocate › Chapter 802 - THE DOMESTIC AND SEXUAL VIOLENCE ADDRESS CONFIDENTIALITY PROGRAM › WAIVER › Section 802.31 - Agency request for waiver

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  Commonwealth or local government agency requesting disclosure of an ACP
				  participant's actual address will provide OVA with the information set forth in
				  23 Pa.C.S. §
											6709(a) (relating to waiver
				  process), which is incorporated by reference, and specify in the written
				  statement what persons shall have access to the actual address information,
				  where the actual address information shall be maintained and how the actual
				  address information shall be maintained.
(b) The completed request for a waiver shall
				  be sent to OVA by means of certified mail.
(c) Upon receipt of an agency waiver request,
				  OVA will contact the ACP participant in accordance with
				  23 Pa.C.S. §
											6709(b), which is
				  incorporated by reference.
(d)
				  Whenever possible, the ACP participant may be given the opportunity to be heard
				  by the Victim Advocate or Victim Advocate's designee regarding the waiver
				  request. Notice and the opportunity to be heard regarding disclosure of an ACP
				  participant's actual address may not be provided to an ACP participant if the
				  requirements of
				  23 Pa.C.S. §
											6709(b)(3) are met, which
				  are incorporated by reference.
(e)
				  The OVA may grant the waiver request of Commonwealth and local government
				  agencies if the ACP participant provides written consent to OVA to disclose the
				  ACP participant's actual address.
This section cited in 37 Pa. Code §
												802.32 (relating to waiver
						review).
Pennsylvania Code › Title 37 - LAW › Part XI - Office of the Victim Advocate › Chapter 802 - THE DOMESTIC AND SEXUAL VIOLENCE ADDRESS CONFIDENTIALITY PROGRAM › WAIVER › Section 802.32 - Waiver review

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Promptly after receiving a complete waiver request as set forth in §
										802.31 (relating to agency request
				  for waiver) from a Commonwealth or local government agency, the OVA will review
				  the request and determine whether to grant or deny the waiver
				  request.
(b) The OVA may require
				  additional information during the review of the waiver request, and the request
				  for information will toll the waiver review process until the Commonwealth or
				  local government agency complies with OVA's request for additional
				  information.
(c) The OVA will grant
				  a request for waiver from a Commonwealth or local government agency in
				  accordance with
				  23 Pa.C.S. §
											6709(d) (relating to waiver
				  process), which is incorporated by reference.
(d) When the OVA grants a waiver to a
				  Commonwealth or local government agency, OVA will provide, in writing, to the
				  requesting agency the following:
(1) The ACP
				  participant's actual address.
(2) A
				  description of the scope of permitted use of the ACP participant's actual
				  address.
(3) A listing of the names
				  or classes of persons permitted to have access to and use of the actual
				  address.
(4) An explanation that
				  the agency receiving the actual address is required to limit access to and use
				  of the actual address.
(5) When the
				  permitted use of the actual address is only for a set period of time, OVA will
				  provide a date that the granted waiver expires. Upon reaching the expiration
				  date, the agency which obtained a waiver will be required to no longer
				  maintain, use or have access to the ACP participant's actual address and shall
				  delete all references to the ACP participant's actual address from all of its
				  files.
Pennsylvania Code › Title 37 - LAW › Part XI - Office of the Victim Advocate › Chapter 802 - THE DOMESTIC AND SEXUAL VIOLENCE ADDRESS CONFIDENTIALITY PROGRAM › WAIVER › Section 802.33 - Waiver appeal process

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When
				  the OVA denies a request for a waiver, the Commonwealth or local government
				  agency requesting the waiver will be notified of the refusal, in writing, by
				  the OVA and provided the reasons for denial of the waiver.
(b) Within 15 calendar days of receiving
				  written notice of the waiver denial, the Commonwealth or local government
				  agency may file a written exception with the OVA. The exception must:
(1) Attach a copy of the letter from OVA
				  denying the original waiver request.
(2) State the reason that and the grounds
				  upon which the original waiver request should be granted.
(3) Specifically respond to the reasons
				  stated by the OVA for denying the original waiver request.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 1 - GENERAL PROVISIONS › Section 1.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this part, have
				  the following meanings, unless the context clearly indicates otherwise:
Alcohol
-Absolute alcohol, ethyl alcohol,
				  cane spirits, Cuban spirits, grain spirits, fruit spirits, high wines and other
				  spirits by whatever name or designation given.
Board
-The Liquor Control Board of the
				  Commonwealth.
Examiner
-An individual learned in the law
				  appointed by the Governor under the Liquor Code.
Liquor Code
-The Liquor Code (47 P. S.
				  §§
										1-101-10-1001).
Pecuniary interest
-An interest that sounds
				  in the attributes of proprietorship. There is a rebuttable presumption of a
				  pecuniary interest when a person receives 10% or more of the proceeds of the
				  licensed business or when control is exercised by one or more of the
				  following:
(i) Employing a majority of
				the employees of the licensee.
(ii)
				Independently making day-to-day decisions about the operation of the
				business.
(iii) Having final
				authority to decide how the licensed business is conducted.
Retail licensee
-A licensee that holds a
				  hotel license, a restaurant liquor license, an eating place retail dispenser
				  license, a club license or a catering club license.
The provisions of this §
											1.1 amended under section 207(i)
					 of the Liquor Code (47 P. S. §
												2-207(i)).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 1 - GENERAL PROVISIONS › Section 1.2 - Inquiries to the Board

Current through Register Vol. 54, No. 28, July 13, 2024
Inquiries to the Board should be addressed to the
				  Pennsylvania Liquor Control Board, Northwest Office Building, Harrisburg,
				  Pennsylvania 17124, unless otherwise directed in this
				  chapter.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 1 - GENERAL PROVISIONS › Section 1.4 - Unlawful manufacture-compensation to informers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The efficient administration of the
				Liquor Code requires the suppression of the unlawful manufacture of liquor, and
				to that end the Board may, in its discretion, pay for information leading to
				the location and seizure of illicit stills and the arrest and conviction of
				persons engaged in the operation of the stills.
(b) Compensation to informers shall be based
				in each case upon the gallon capacity of the illicit still seized by reason of
				the information furnished. The amount of the compensation will be fixed by
				agreement between the Board and the informer, but will be paid only after the
				seizure of the still by the Board.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 1 - GENERAL PROVISIONS › Section 1.5 - Reputation: Use of criminal and citation history

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When considering whether a person is
				reputable or the repute of a person under any section of the Liquor Code or
				this title, the Board may consider whether that person has been convicted of
				any crimes including misdemeanors and felonies, the person's history regarding
				licenses issued by the Board, including the citation history of the licenses,
				and any other factor the Board deems appropriate.
(b) When considering the reputation of a
				corporation, partnership, limited liability company or other business entity,
				the Board will consider the reputation of its stockholders, directors,
				officers, managers or members.
The provisions of this §
											1.5 amended under section 207(i)
					 of the Liquor Code (47 P. S. §
												2-207(i)).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 3 - LICENSE APPLICATIONS › Subchapter A - GENERAL PROVISIONS › Section 3.1 - 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:
Authorized agent
-An individual whose
					 signature appears on the reverse side of a Wholesale Liquor Purchase Permit
					 Card, provided the individual is regularly employed in the business or
					 establishment of a permit holder.
Bar/counter
-A smooth flat surface affixed
					 to the premises on which drinks and food are served.
Bench
-A long seat for more than one
					 person.
Booth
-A table usually surrounded by one or
					 two benches, serving as partitions.
Chair
-A single seat with back, often with
					 arms, and supported on legs or a pedestal.
Eating space
-A space at least 18 inches
					 wide by 12 inches deep, which is suitable for a service setting of plate,
					 utensils and drink.
Management contract
-An agreement between a
					 licensee and a management company to operate, manage or supervise all or part
					 of the operation of the licensed premises.
Permit holder
-A retail liquor licensee,
					 registered pharmacist, hospital, State-owned institution, manufacturing
					 pharmacist or chemist, manufacturer of products for nonbeverage purposes, or
					 other person to whom a Wholesale Liquor Purchase Permit has been issued by the
					 Board.
Retail liquor licensee
-A person,
					 partnership, association or corporation holding a hotel, restaurant, club or
					 public service liquor license or other license issued under the Liquor Code for
					 the sale of liquor and malt or brewed beverages at retail.
Seating
-The number of patrons able to be
					 served meals in a restaurant or eating place retail dispenser premises where a
					 stool, chair, booth or bench is provided to sit on, and where an eating space
					 is provided.
Stool
-A backless and armless single seat
					 supported on legs or a pedestal.
Table
-A piece of furniture having a smooth
					 flat top supported by one or more vertical legs.
The provisions of this §
												3.1 amended under section 207(i)
						of the Liquor code (47 P. S. §
													2-207(i)).
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 3 - LICENSE APPLICATIONS › Subchapter A - GENERAL PROVISIONS › Section 3.2 - License districts; license periods

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In
				  accordance with applicable provisions of the Liquor Code, the Board has
				  established multiple year license periods for renewal of licenses. License
				  periods for hotel, restaurant, club and eating place licenses will be
				  established for up to 2 years and license periods for other licenses and
				  permits may be set by the Board up to a maximum of 4 years. License periods
				  will be staggered across this Commonwealth to facilitate efficient and
				  expedient processing of initial applications, license validations and
				  renewals.
(b) Revision to
				  established license districts/periods will become effective as deemed
				  appropriate by the Board.
(c)
				  Notification of revised license districts and license periods will be provided
				  directly to individual licensees by the Board.
(d) Applicable license fees as prescribed by
				  section 614-A of The Administrative Code of 1929 (71 P. S. §
											240.14A) shall be payable on an annual basis
				  in conjunction with either license validation or renewal.
(e) When revisions to license
				  districts/periods result in the issuance of partial year licenses to
				  accommodate transition to newly established license districts/periods, a
				  license so affected will be renewed on a prorated fee basis in accordance with
				  the number of months the license will be valid.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 3 - LICENSE APPLICATIONS › Subchapter A - GENERAL PROVISIONS › Section 3.3 - Validation of licenses; late filing fees

Current through Register Vol. 54, No. 28, July 13, 2024
(a) To qualify as timely filed, an
				  application for validation of license shall be filed with requisite license and
				  filing fees and tax clearance, if applicable, at least 60 days before the
				  effective date of validation or the license shall be subject to appropriate
				  late filing fees. Upon objection from the Department of Revenue or the
				  Department of Labor and Industry, or both, pertaining to lack of tax clearance,
				  clearance shall be obtained from either or both Departments, as appropriate, at
				  least 60 days prior to the effective date of validation.
(b) The Board may accept validation
				  applications filed less than 60 days before the effective date of validation
				  upon the payment of the requisite license and filing fees and an additional
				  late filing fee of $100. A validation application filed on or after the
				  effective date of validation shall be accompanied by the requisite license and
				  filing fees and an additional late filing fee of $250. A validation application
				  will not be considered for approval unless accompanied by the requisite filing,
				  license and late filing fees, and tax clearance if appropriate, from the
				  Department of Revenue and the Department of Labor and Industry.
(c) Outstanding issues related to validation
				  or renewal of a license shall be satisfied before the Board will consider
				  additional action or processing of license matters.
(d) The authority to dispense alcoholic
				  beverages under a license shall be contingent upon validation or renewal of the
				  license by the Board.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 3 - LICENSE APPLICATIONS › Subchapter A - GENERAL PROVISIONS › Section 3.4 - Fees

Current through Register Vol. 54, No. 28, July 13, 2024
Applications for new licenses and renewal or validation of
					 licenses subject to this subchapter shall be accompanied at the time of filing
					 by remittance covering required filing fees, license fee and related license or
					 permit fees associated with authority to operate.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 3 - LICENSE APPLICATIONS › Subchapter A - GENERAL PROVISIONS › Section 3.5 - Replacement of license

Current through Register Vol. 54, No. 28, July 13, 2024
If a licensee loses the original copy of his liquor
					 license, the licensee shall obtain an application for a duplicate license from
					 a State Liquor Store. The application shall be returned to the store with a fee
					 of $10 and a letter explaining the loss of the original license. Upon receipt
					 by the Board of the application, fee and letter, a duplicate license will be
					 issued. If the original copy of the liquor license is found, the licensee shall
					 return the duplicate license to the Board within 10 days.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 3 - LICENSE APPLICATIONS › Subchapter A - GENERAL PROVISIONS › Section 3.6 - Individual financial disclosure affidavit

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An applicant for a new license, the
				  transfer of a license or extension of premises shall report financial
				  arrangements related to the purchase of the license and business and items
				  incidental thereto including, but not limited to, the following:
(1) Inventory.
(2) The lease or purchase of equipment and
				  real estate.
(3) Construction or
				  renovation costs.
Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 3 - LICENSE APPLICATIONS › Subchapter A - GENERAL PROVISIONS › Section 3.7 - Reporting changes

Current through Register Vol. 54, No. 28, July 13, 2024
While an application for a new license, the transfer of a
					 license or extension of premises is pending, the applicant shall immediately
					 advise the Board of a change in the information provided on the application or
					 individual financial disclosure affidavit.