reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 131 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE WORKERS' COMPENSATION JUDGES › Subchapter C - FORMAL PROCEEDINGS › EXCHANGE OF INFORMATION AND DEPOSITIONS AND DISCOVERY › Section 131.61 - Exchange of information

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Parties
					 shall exchange all items and information, including medical documents, reports,
					 records, employment records, wage information, affidavits, tapes, films and
					 photographs, lists of witnesses, CD ROMs, diskettes and other digital
					 recordings, to be used in or obtained for the purpose of prosecuting or
					 defending a case, unless the foregoing are otherwise privileged or unavailable,
					 whether or not intended to be used as evidence or exhibits.
(b) The moving party shall provide the items
					 and information referred to in subsection (a) to the responding party prior to
					 the commencement of the first pretrial hearing or hearing actually held. The
					 responding party shall provide the items and information referred to in
					 subsection (a) to the moving party no later than 45 days after the first
					 pretrial hearing or hearing actually held.
(c) A witness whose identity has not been
					 revealed as provided in subsections (a) and (b) may not be permitted to testify
					 on behalf of the defaulting party unless the testimony is allowed within the
					 judge's discretion.
(d) An item or
					 information not exchanged as provided in subsections (a) and (b), which becomes
					 available after the times set forth in subsection (b) shall be exchanged within
					 15 days after receipt by the party of the item or information.
(e) Statements, documents or other records
					 required to be provided by this chapter, if not provided within the time
					 periods in this chapter or modified under §
											131.12 (relating to modification
					 of time), will not be admitted, relied upon or utilized in the proceedings or
					 judge's rulings, as appropriate.
(f) Failure to comply with this section may
					 result in the application of §
											131.13(m)
					 (relating to continuances or postponements of hearings).
(g) Subsections (a)-(f) supersede 1 Pa. Code
					 §§
											35.161 and
					 35.162 (relating to form and
					 admissibility of evidence; and reception and ruling on evidence).
The provisions of this §
													131.61 amended under sections
						  401.1 and 435(a) and (c) of the
						  Workers' Compensation Act (77 P. S. §§
														710 and
						  991(a) and (c)); section 2205
						  of The Administrative Code of 1929 (71 P. S. §
														565); and section 414 of The Pennsylvania
						  Occupational Disease Act (77 P. S. §
														1514).
This section cited in 34 Pa. Code §
													131.68 (relating to discovery of
						  records); 34 Pa. Code §
													131.70 (relating to discovery of
						  statements of parties or witnesses); and 34 Pa. Code §
													131.202 (relating to first hearing
						  information and stay).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 131 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE WORKERS' COMPENSATION JUDGES › Subchapter C - FORMAL PROCEEDINGS › EXCHANGE OF INFORMATION AND DEPOSITIONS AND DISCOVERY › Section 131.62 - Oral depositions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 oral deposition of a witness other than a party may be taken and, if taken, may
					 be used only as evidence at hearings. Depositions for discovery may be taken
					 only as provided in §
											131.68 (relating to discovery of
					 records).
(b) The oral deposition
					 of a party may be taken only upon approval of the judge and, if taken, may be
					 used only as evidence.
(c)
					 Depositions may be taken by telephone or other electronic means upon agreement
					 of counsel of record and unrepresented parties or, upon motion, as directed by
					 the judge.
(d) Subsections (a)-(c)
					 supersede 1 Pa. Code §§
											35.145-35.152.
The provisions of this §
													131.62 amended under sections
						  401.1 and 435(a) and (c) of the
						  Workers' Compensation Act (77 P.S. §§
														710 and
						  991(a) and (c)); section 2205
						  of The Administrative Code of 1929 (71 P.S. §
														565); and section 414 of The Pennsylvania
						  Occupational Disease Act (77 P.S. §
														1514).
This section cited in 34 Pa. Code §
													131.66 (relating to admissibility
						  of oral depositions).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 131 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE WORKERS' COMPENSATION JUDGES › Subchapter C - FORMAL PROCEEDINGS › EXCHANGE OF INFORMATION AND DEPOSITIONS AND DISCOVERY › Section 131.63 - Time for taking oral depositions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
					 oral deposition may be taken at any time subsequent to 30 days after the date
					 of assignment of the petition by the Department.
(b) Oral depositions shall be completed so as
					 not to delay unreasonably the conclusion of the proceedings, and within a time
					 schedule agreed upon by the parties and approved by the judge provided that
					 medical depositions shall be completed as specified in subsections (c) and
					 (e).
(c) The deposition of a
					 medical expert testifying for the moving party shall be taken within 90 days of
					 the date of the first hearing scheduled unless the time is extended or
					 shortened by the judge for good cause shown. The deposition of a medical expert
					 testifying for the responding party shall be taken within 90 days of the date
					 of the deposition of the last medical expert testifying on behalf of the moving
					 party.
(d) A party wishing to
					 present depositions for rebuttal or surrebuttal shall notify the judge in
					 writing within 21 days after the conduct of the hearing or deposition at which
					 the testimony to be rebutted or surrebutted has been given.
(e) Depositions for rebuttal or surrebuttal
					 shall be taken in accordance with §
											131.53(e)
					 (relating to procedures subsequent to the first hearing).
(f) If a party fails to abide by the time
					 limits established by this section for submitting evidence, the evidence will
					 not be admitted, relied upon or utilized in the proceedings or the judge's
					 rulings.
(g) Subsections (a)-(f)
					 supersede 1 Pa. Code §§
											35.145-35.152, 35.161 and
					 35.162.
The provisions of this §
													131.63 amended under sections
						  401.1, 435(a) and (c) and 1608 of
						  the Workers' Compensation Act (77 P.S. §§
														710,
						  991(a) and (c) and 2708);
						  section 2205 of The Administrative Code of 1929 (71 P.S. §
														565); and section 414 of The Pennsylvania
						  Occupational Disease Act (77 P.S. §
														1514).
This section cited in 34 Pa. Code §
													131.66 (relating to admissibility
						  of oral depositions).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 131 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE WORKERS' COMPENSATION JUDGES › Subchapter C - FORMAL PROCEEDINGS › EXCHANGE OF INFORMATION AND DEPOSITIONS AND DISCOVERY › Section 131.64 - Notice of oral depositions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 notice of an oral deposition shall be served at least 20 days prior to the date
					 scheduled for the taking of the deposition.
(b) The notice of an oral deposition shall
					 contain the following:
(1) The name or
					 identity, address and occupation of the witness.
(2) The date, time and place of the taking of
					 the oral deposition.
(3) A
					 statement of a relevant reason for the taking of the oral deposition.
(4) The following legend:
Notice to Parties and/or Witness:
You may object to this oral deposition by mailing or
						delivering a letter listing your objections to (name and address of party
						scheduling deposition) at least 10 days before (date of deposition).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 131 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE WORKERS' COMPENSATION JUDGES › Subchapter C - FORMAL PROCEEDINGS › EXCHANGE OF INFORMATION AND DEPOSITIONS AND DISCOVERY › Section 131.65 - Objections to taking of oral depositions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A party or witness may object to the oral
					 deposition by serving, at least 10 days prior to the scheduled date of the oral
					 deposition, a written notice upon the party who has scheduled the oral
					 deposition, counsel of record, unrepresented parties and the judge. The
					 objections shall state the specific reason supporting the objections. The
					 objections shall stay the deposition until it is ordered to be held by the
					 judge.
(b) A party or witness may
					 request a ruling on objections by filing a written request with the judge,
					 which shall be accompanied by a copy of the notice of an oral deposition, any
					 subpoena and the objections lodged as required by subsection (a). The
					 requesting party shall serve a copy of the request for ruling on counsel of
					 record, unrepresented parties and the objecting witnesses.
(c) Upon receipt of a request for ruling, as
					 specified in subsection (b), the judge will, after giving parties and objecting
					 witnesses notice and opportunity to be heard by written submission, in person,
					 or by telephone conference, as the judge may direct, rule on the objections
					 within 5 business days after the parties and objecting witnesses are
					 heard.
(d) Subsections (a)-(c)
					 supersede 1 Pa. Code §§
											35.145-35.152.
The provisions of this §
													131.65 amended under sections
						  401.1 and 435(a) and (c) of the
						  Workers' Compensation Act (77 P. S. §§
														710 and
						  991(a) and (c)); section 2205
						  of The Administrative Code of 1929 (71 P. S. §
														565); and section 414 of The Pennsylvania
						  Occupational Disease Act (77 P. S. §
														1514).
This section cited in 34 Pa. Code §
													131.66 (relating to admissibility
						  of oral depositions); and 34 Pa. Code §
													131.68 (relating to discovery of
						  records).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 131 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE WORKERS' COMPENSATION JUDGES › Subchapter C - FORMAL PROCEEDINGS › EXCHANGE OF INFORMATION AND DEPOSITIONS AND DISCOVERY › Section 131.66 - Admissibility of oral depositions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Oral depositions taken in accordance with §§
											131.62-131.65 or upon waiver of the
					 formal requirements of those sections by agreement of all parties, will be
					 admissible at the time of hearing or by mail if allowed by the judge in the
					 same manner as if the deponent appeared before the judge and
					 testified.
(b) Objections shall be
					 made and the basis for the objections stated at the time of the taking of the
					 depositions. Only objections which are identified in a separate writing,
					 introduced prior to the close of the evidentiary record, as close of the record
					 is specified in §
											131.101(c)-(e)
					 (relating to briefs, findings of fact and close of record), and stating the
					 specific nature of the objections and the pages where they appear in the
					 deposition or the exhibits to which they refer will be preserved for ruling.
					 Objections not so preserved are waived.
(c) Subsections (a) and (b) supersede 1 Pa.
					 Code §§
											35.126,
					 35.151, 35.161 and
					 35.162.
The provisions of this §
													131.66 amended under sections
						  401.1 and 435(a) and (c) of the
						  Workers' Compensation Act (77 P. S. §§
														710 and
						  991(a) and (c)); section 2205
						  of The Administrative Code of 1929 (71 P. S. §
														565); and section 414 of The Pennsylvania
						  Occupational Disease Act (77 P. S. §
														1514).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 131 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE WORKERS' COMPENSATION JUDGES › Subchapter C - FORMAL PROCEEDINGS › EXCHANGE OF INFORMATION AND DEPOSITIONS AND DISCOVERY › Section 131.67 - Expenses of taking depositions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 If a deposition is to be taken more than 100 miles from where the hearing is or
					 would be scheduled, the judge may order the payment of reasonable expenses of
					 attorneys, not including counsel fees, to attend the deposition.
(b) Subsection (a) supersedes 1 Pa. Code
					 §§
											35.148 and
					 35.152 (relating to officer before
					 whom deposition is taken; and fees of officers and deponents).
The provisions of this §
													131.67 amended under sections
						  401.1 and 435(a) and (c) of the
						  Workers' Compensation Act (77 P. S. §§
														710 and
						  991(a) and (c)); section 2205
						  of The Administrative Code of 1929 (71 P. S. §
														565); and section 414 of The Pennsylvania
						  Occupational Disease Act (77 P. S. §
														1514).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 131 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE WORKERS' COMPENSATION JUDGES › Subchapter C - FORMAL PROCEEDINGS › EXCHANGE OF INFORMATION AND DEPOSITIONS AND DISCOVERY › Section 131.68 - Discovery of records

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A party may
					 schedule and take the deposition of a custodian of records or a person in a
					 similar capacity. A party has the right to inspect and analyze the records
					 listed in this subsection. Title
					 42 Pa.C.S. §§
												6151-6160 (relating to medical records) shall
					 be followed, if applicable. The deposition may be used to locate, authenticate
					 and obtain copies of records which are material and relevant to the proceeding,
					 including:
(1) Employment, earnings or work
					 environment.
(2) Treatment,
					 including vocational and physical rehabilitation.
(3) Mental or physical examination.
(4) Hospitalization.
(5) Testing.
(6) X-rays.
(7) Autopsy.
(8) Tissue slides and samples.
(9) Surveillance.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 131 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE WORKERS' COMPENSATION JUDGES › Subchapter C - FORMAL PROCEEDINGS › EXCHANGE OF INFORMATION AND DEPOSITIONS AND DISCOVERY › Section 131.69 - Form of deposition affidavit

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 The deposition affidavit required by §
											131.68(f)
					 (relating to discovery of records) shall be in the following form:
DEPOSITION AFFIDAVIT OF RECORD CUSTODIAN
I, the undersigned, being duly sworn according to law,
						depose and say, that I am the duly authorized custodian of records for (name of
						hospital, doctor, employer, etc.) with the authority to certify said records,
						and I hereby certify to the following:
(1) The records attached hereto are true and
					 correct copies of the records in my custody, pertaining to (claimant or
					 decedent); and
(2) All records
					 called for in the attached subpoena duces tecum, including this certification,
					 which are in my custody, have been photocopied at my office, in my presence, at
					 my discretion and under my supervision, by (name of copy service, if any);
					 and
(3) All records produced in my
					 presence, unless qualified below, were prepared in the ordinary course of
					 business by authorized persons or personnel at or near the time of the act,
					 condition or event; and
(4) A
					 careful search has been made by me or at my direction for records pertaining to
					 the above identified individual and the records produced pursuant to the
					 attached subpoena duces tecum constitute all of the records of the individual
					 so identified.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 131 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE WORKERS' COMPENSATION JUDGES › Subchapter C - FORMAL PROCEEDINGS › EXCHANGE OF INFORMATION AND DEPOSITIONS AND DISCOVERY › Section 131.70 - Discovery of statements of parties or witnesses

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon written request, a party is entitled
					 to receive a photostatic copy or other reproduction of a statement previously
					 made concerning the petition or its subject matter by that party, another party
					 or a witness.
(b) Upon written
					 request, a person not a party, is entitled to receive a photostatic copy or
					 other reproduction of a statement concerning the petition or its subject matter
					 previously made by that person.
(c)
					 This section may not apply to statements made by a party to the party's counsel
					 which are protected by the attorney-client privilege or which are protected as
					 the work product of counsel.
(d)
					 Failure to adhere to this section may result in the application of §§
											131.13(m) and
					 131.61(d) and (e)
					 (relating to continuances or postponements of hearings; and exchange of
					 information), as appropriate.
(e)
					 Subsections (a)-(d) supersede 1 Pa. Code §§
											35.145-35.152.
The provisions of this §
													131.70 amended under sections
						  401.1 and 435(a) and (c) of the
						  Workers' Compensation Act (77 P. S. §§
														710 and
						  991(a) and (c)); section 2205
						  of The Administrative Code of 1929 (71 P. S. §
														565); and section 414 of The Pennsylvania
						  Occupational Disease Act (77 P. S. §
														1514).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 131 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE WORKERS' COMPENSATION JUDGES › Subchapter C - FORMAL PROCEEDINGS › SUBPOENAS › Section 131.81 - Subpoenas

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon written or
					 electronic request of a party or counsel of record in a pending proceeding, the
					 judge will issue a subpoena to compel the attendance of a witness or require
					 the production of books, documents, records, CD-ROMs, diskettes, other digital
					 recordings or other things relevant to the proceeding at a scheduled hearing or
					 deposition within the scope of, and scheduled under, this chapter. The party
					 requesting a subpoena shall complete the subpoena and serve the judge with the
					 original written request and shall serve a copy of the written request on
					 unrepresented parties and counsel of record as provided in §
											131.34(a)
					 (relating to other filings).
(b)
					 Subpoenas may not be served until 10 days from the date of issuance unless
					 waived by agreement of the parties.
(c) The party, counsel of record or their
					 respective agents requesting a subpoena shall serve the subpoena that the judge
					 has issued upon the witness or person subpoenaed and upon opposing counsel.
(1) Service shall be made by one of the
					 following:
(i) Personal service under the
					 Pennsylvania Rules of Civil Procedure.
(ii) Any form of mail requiring a return
					 receipt postage prepaid, restricted delivery or as provided in §
													131.11(b)
					 (relating to filing, service and proof of service).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 131 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE WORKERS' COMPENSATION JUDGES › Subchapter C - FORMAL PROCEEDINGS › STIPULATIONS › Section 131.91 - Stipulations of fact

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Stipulations of
					 fact may be filed with the judge to whom the case has been assigned.
(b) The judge may issue a decision based on
					 stipulations of fact, if the judge is satisfied that:
(1) The stipulations of fact are fair and
					 equitable to the parties involved.
(2) The claimant understands the stipulations
					 of fact and the effect of the stipulations of fact on future payments of
					 compensation and medical expenses.
(3) The stipulation shall be signed and dated
					 by the claimant, all counsel participating in the agreement and the employer,
					 when unrepresented.
(4) The
					 stipulation states which petitions are being resolved and which petitions are
					 not being resolved.
(5) The
					 stipulation states whether each petition should be withdrawn, granted or
					 dismissed, and whether the parties are requesting an interlocutory or a final
					 order.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 131 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE WORKERS' COMPENSATION JUDGES › Subchapter C - FORMAL PROCEEDINGS › BRIEFS, FINDINGS OF FACT, CLOSE OF RECORD AND ORAL ARGUMENT › Section 131.102 - Oral argument

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 judge, with notice to the parties, may require oral argument at any time before
					 or after the close of the evidentiary record. A party may request oral argument
					 at any time prior to the submission of the parties proposed findings of fact,
					 proposed conclusions of law or brief. If no proposed findings of fact, proposed
					 conclusions of law or brief are filed, a party may request oral argument prior
					 to the close of the evidentiary record.
(b) Subsection (a) supersedes 1 Pa. Code
					 §§
											35.204,
					 35.214 and
					 35.221 (relating to oral argument
					 before presiding officer; oral argument on exceptions; and briefs and oral
					 argument in absence of proposed report).
The provisions of this §
													131.102 amended under sections
						  401.1 and 435(a) and (c) of the
						  Workers' Compensation Act (77 P. S. §§
														710 and
						  991(a) and (c)); section 2205
						  of The Administrative Code of 1929 (71 P. S. §
														565); and section 414 of The Pennsylvania
						  Occupational Disease Act (77 P. S. §
														1514).
This section cited in 34 Pa. Code §
													131.111 (relating to decision of
						  judges).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 131 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE WORKERS' COMPENSATION JUDGES › Subchapter C - FORMAL PROCEEDINGS › DECISIONS › Section 131.111 - Decision of judges

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Following
					 the close of the evidentiary record and the hearing of oral argument, if any,
					 as provided in §
											131.102(a)
					 (relating to oral argument), the judge will issue a written decision, which
					 will contain findings of fact, conclusions of law and an appropriate order
					 based upon the entire evidentiary record.
(b) The decision of the judge will be a final
					 order, subject to correction or amendment under §
											131.112 (relating to correction or
					 amendment of decision) or appeal.
(c) In any petition which may result in the
					 payment of a monetary award subject to
					 23 Pa.C.S. §
												4308.1
					 (relating to collection of overdue support from monetary awards), a decision
					 will not be issued until the claimant provides to the judge a written statement
					 signed by the claimant and made subject to
					 18 Pa.C.S. §
												4904
					 (relating to unsworn falsification to authorities), including:
(1) The claimant's full name, mailing
					 address, date of birth and Social Security number.
(2) Whether there is an outstanding child
					 support order against the claimant, and if so, whether payments are current or
					 in arrears.
(3) Written
					 documentation of arrears from the Pennsylvania Child Support Enforcement System
					 web site, or, if no arrears exist, written documentation from the web site
					 indicating no arrears.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 131 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE WORKERS' COMPENSATION JUDGES › Subchapter C - FORMAL PROCEEDINGS › DECISIONS › Section 131.112 - Correction or amendment of decision

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A decision or an order of a judge may be
					 amended or corrected by the judge subsequent to the service of notice of the
					 decision and order. A typographical or clerical error or obvious omission or
					 error on the part of the judge may be corrected on the judge's motion or on the
					 motion of one or both parties. Other amendments or corrections will be made
					 only upon written agreement of the parties. A request for correction or
					 amendment shall be made within 20 days of the date of service of notice of the
					 decision and order.
(b) The
					 corrected decision and order will specifically set forth the items in the prior
					 decision and order which are being corrected and amended, and will contain the
					 following provision: "In all other respects the prior decision and order in the
					 case are hereby reaffirmed."
(c)
					 Neither the request for correction nor the corrected decision and order will
					 extend the appeal period of the original decision and order as to any part of
					 that decision and order which is not the subject of the request for correction
					 or amendment.
(d) Subsections
					 (a)-(c) supersede 1 Pa. Code §§
											31.13,
					 31.14,
					 35.54,
					 35.55,
					 35.190 and 35.211-35.214 and also
					 supersede 1 Pa. Code Chapter 35, Subchapter D.
The provisions of this §
													131.112 amended under sections
						  401.1 and 435(a) and (c) of the
						  Workers' Compensation Act (77 P.S. §§
														710 and
						  991(a) and (c)); section 2205
						  of The Administrative Code of 1929 (71 P.S. §
														565); and section 414 of The Pennsylvania
						  Occupational Disease Act (77 P.S. §
														1514).
This section cited in 34 Pa. Code §
													131.111 (relating to decision of
						  judges).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 131 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE WORKERS' COMPENSATION JUDGES › Subchapter C - FORMAL PROCEEDINGS › PENALTY PROCEEDINGS › Section 131.122 - Other penalty proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Penalty
					 proceedings not conducted under §
											131.121 (relating to penalty
					 proceedings initiated by a party) will be conducted in accordance with Chapter
					 121 (relating to general provisions).
(b) Subsection (a) supersedes 1 Pa. Code
					 §§
											35.14,
					 35.37 and
					 35.251 (relating to orders to show
					 cause; answers to orders to show cause; and reports of compliance).
The provisions of this §
													131.122 amended under sections
						  401.1 and 435(a) and (c) of the
						  Workers' Compensation Act (77 P. S. §§
														710 and
						  991(a) and (c)); section 2205
						  of The Administrative Code of 1929 (71 P. S. §
														565); and section 414 of The Pennsylvania
						  Occupational Disease Act (77 P. S. §
														1514).
This section cited in 34 Pa. Code §
													121.27a (relating to bureau
						  intervention and penalties).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 131 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE WORKERS' COMPENSATION JUDGES › Subchapter D - PROCEEDINGS INVOLVING THE UEGF › Section 131.201 - Petitions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) All references
				  to petitions in this subchapter are as defined under §
										131.5 (relating to
				  definitions).
(b) Subsection (a)
				  supersedes 1 Pa. Code §
										31.3 (relating to
				  definitions).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 131 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE WORKERS' COMPENSATION JUDGES › Subchapter D - PROCEEDINGS INVOLVING THE UEGF › Section 131.202 - First hearing information and stay

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  At the first hearing on a claim petition where no UEGF claim petition has been
				  filed and there is either no insurer listed on the notice of assignment or the
				  listed insurer files a motion to dismiss for lack of coverage, the judge will
				  inform the claimant on the record of the existence of the UEGF and give the
				  claimant information about the UEGF, as provided by the Office of
				  Adjudication.
(b) If the claimant
				  informs the judge on the record that he may wish to file a UEGF claim petition,
				  the judge will stay the proceeding in the claim petition until 20 days after
				  the assignment of the UEGF claim petition. The stay may not apply to the
				  exchange of information referenced in §
										131.61 (relating to exchange of
				  information).
(c) If no UEGF claim
				  petition is filed within 45 days of the first hearing, the claim petition will
				  proceed against the uninsured employer.
(d) If the claimant informs the judge on the
				  record that he does not wish to file a UEGF claim petition, testimony may be
				  taken as directed by the judge.
(e)
				  In the interests of judicial economy and due process to have all parties joined
				  as soon as possible, and in recognition of the uniqueness of the UEGF from
				  other types of workers' compensation litigation, this section cannot be waived
				  or modified as otherwise provided in §
										131.3 (relating to waiver and
				  modification of rules).
(f)
				  Subsections (a)-(e) supersede 1 Pa. Code §§
										33.61,
				  35.18, 35.123-35.128, 35.187 and
				  35.188.
This section cited in 34 Pa. Code §
												131.3 (relating to waiver and
						modification of rules).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 131 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE WORKERS' COMPENSATION JUDGES › Subchapter D - PROCEEDINGS INVOLVING THE UEGF › Section 131.203 - Hearing procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If the
				  UEGF requests live testimony of witnesses before the judge, the judge will
				  schedule such hearings to accommodate the request, unless denied for good cause
				  shown and stated on the record.
(b)
				  Subsection (a) supersedes 1 Pa. Code §§
										35.101-35.106, 35.111-35.116,
				  35.121-35.128, 35.137, 35.138, 35.155 and 35.161-35.169.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 131 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE WORKERS' COMPENSATION JUDGES › Subchapter D - PROCEEDINGS INVOLVING THE UEGF › Section 131.204 - UEGF subpoenas and interrogatories

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  The judge may issue subpoenas, order testimony or compel the completion of
				  written interrogatories with respect to the alleged uninsured employer's
				  financial history, condition or ability to pay an award.
(b) The judge may compel the attendance of
				  all parties at mediation.
(c)
				  Subsections (a) and (b) supersede 1 Pa. Code §§
										35.111-35.116, 35.137-35.147, 35.150,
				  35.161, 35.162, 35.187 and 35.188.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part X - Bureau of Occupational and Industrial Safety › Chapter 201 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Section 201.1 - Applicability of general rules

Current through Register Vol. 54, No. 28, July 13, 2024
Under 1 Pa. Code §
									31.1 (relating to scope of part),
				  1 Pa. Code Part II (relating to general rules of administrative practice and
				  procedure) is applicable to the activities of and proceedings before the Bureau
				  of Occupational and Industrial Safety, Department of Labor and
				  Industry.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part X - Bureau of Occupational and Industrial Safety › Chapter 203 - LEAD-BASED PAINT OCCUPATION ACCREDITATION AND CERTIFICATION › Section 203.1 - 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:
Abatement
-A set of measures designed to
				  eliminate or reduce lead-based paint hazards in accordance with standards
				  established by the EPA.
(i) The term
				includes the following:
(A) The removal of
				lead-based paint and lead-contaminated dust, the permanent containment or
				encapsulation of lead-based paint, the replacement of lead-painted surfaces or
				fixtures and the removal or covering of lead-contaminated soil.
(B) The preparation, cleanup, disposal and
				post-abatement, clearance-testing activities associated with these
				measures.
(C) Less-than-full
				abatement whereby the sources of lead contamination are reduced sufficiently to
				create a "lead-safe" environment rather than a "lead-free"
				environment.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part X - Bureau of Occupational and Industrial Safety › Chapter 203 - LEAD-BASED PAINT OCCUPATION ACCREDITATION AND CERTIFICATION › Section 203.2 - General administrative requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This chapter implements the
				certification, accreditation, work practices and other requirements of the
				Act.
(b) This chapter applies to
				the following persons:
(1) Persons engaged in
				lead-based-paint occupations within this Commonwealth. An individual or company
				may not engage in lead-based-paint activities or lead-based paint abatement
				without the appropriate certification.
(2) Persons performing lead-based-paint
				abatement upon or within a building which they own or occupy who utilize
				employes to perform lead-based-paint abatement.
(3) Training course providers desiring to
				provide training courses required for certification in any
				lead-based-paint-abatement occupations within this Commonwealth.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part X - Bureau of Occupational and Industrial Safety › Chapter 203 - LEAD-BASED PAINT OCCUPATION ACCREDITATION AND CERTIFICATION › Section 203.3 - Training course accreditation procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Federal requirements.
Training providers shall meet the EPA training course requirements in 40 CFR,
				Part 745 (relating to lead-based poisoning prevention in cetain residential
				structures).
(b)
Accreditation of initial and refresher courses.
(1) A person may apply to the Department for
				approval to conduct training courses, including refresher training courses. A
				person desiring to apply as an approved training provider for a specific course
				shall complete an application prescribed by the Department and submit the
				completed application with the appropriate fee prescribed in §
										203.8 (relating to fees). The
				application shall be received by the Department at least 30 days prior to the
				first course session. The Department will not process an application which is
				submitted without the fee or that is incomplete.
(2) A provider requesting accreditation of a
				training course given outside this Commonwealth shall, in addition to complying
				with paragraph (1), submit copies of applicable State or Federal approvals,
				along with the name, address and telephone number of the person, department or
				agency giving the approval.
(3) The
				Department will grant accreditation of a training course and issue a
				certificate of accreditation when it has determined from a complete review of
				application materials that the course meets the EPA's requirements.
(4) The Department will inform the provider
				in writing of its reasons for denying accreditation. The Department may
				schedule a reevaluation at its discretion.
(5) Course accreditation shall be renewed
				annually. A person applying for reaccreditation shall reaffirm his address and
				course information on a form prescribed by the Department and shall provide the
				Department with a description of course changes since his last accreditation or
				reaccreditation application.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part X - Bureau of Occupational and Industrial Safety › Chapter 203 - LEAD-BASED PAINT OCCUPATION ACCREDITATION AND CERTIFICATION › Section 203.4 - Certification procedures and requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Federal requirements.
Applicants for certification shall meet the EPA certification course
				requirements in 40 CFR Part 745 (relating to lead-based paint poisoning
				prevention in certain residential structures).
(b)
Certification of
				individuals.
An applicant for certification in a lead-based-paint
				occupation shall successfully complete a lead-based-paint training course
				accredited by the Department and pass an examination approved by the
				Department. Applicants shall submit a completed application on a form provided
				by the Department, along with the appropriate fee designated in subsection (d),
				and a copy of training certificate required under EPA regulations. The
				Department will not process an application that is incomplete or submitted
				without the proper fee.
(c)
Contractor certification.
Applications for certification of a
				contractor or firm shall be submitted in the same manner as provided by
				subsection (b), except that no EPA training certificate will be
				required.
(d)
Proof of
				certification.
(1) A person engaged
				in a lead-based-paint occupation shall posses a Commonwealth-issued photo
				identification card or Commonwealth notification for a photo identification
				card. This documentation shall be available at each work site for inspection by
				the Department.
(2) A person whose
				photo identification card or Commonwealth notification for a photo
				identification card is lost or destroyed shall notify the Department in writing
				within 2 days, and shall maintain a copy of the written notification at the
				work site until the Department issues a new photo identification card or
				Commonwealth notification for a photo identification card.
(3) A contractor or firm shall have available
				on the work site a contractor certification issued by the Department.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part X - Bureau of Occupational and Industrial Safety › Chapter 203 - LEAD-BASED PAINT OCCUPATION ACCREDITATION AND CERTIFICATION › Section 203.5 - Denial, suspension or revocation of certification or accreditation

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Grounds.
(1) The Department
				may deny an application for certification or accreditation, and may suspend or
				revoke a certification or accreditation issued under the act and this chapter
				for one or more of the following reasons:
(i)
				Fraudulently or deceptively obtaining or attempting to obtain accreditation or
				certification.
(ii) Failure to meet
				the requirements of the act or this chapter.
(iii) Failure to meet applicable Federal or
				State standards relating to lead-based-paint activities.
(iv) Failure to pay a required fee.
(v) Failure to meet EPA standards for
				conducting lead-based-paint activities found at 40 CFR Part 745 (relating to
				lead-based poisoning prevention in certain residential structures).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part X - Bureau of Occupational and Industrial Safety › Chapter 203 - LEAD-BASED PAINT OCCUPATION ACCREDITATION AND CERTIFICATION › Section 203.6 - Work practices

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Work
				practices shall conform to HUD and EPA guidelines, rules and regulations on
				lead-based-paint activities. If HUD and EPA standards conflict, EPA standards
				shall be followed.
(b) Additional
				recordkeeping requirements are as follows:
(1)
				The lead-based-paint contractor shall maintain a list of individuals engaged in
				lead-based-paint occupations or who enter the lead-based-paint abatement
				project area at each job site. The list shall include the following
				information:
(i) Names.
(ii) Certification identification
				number.
(iii) Job classification or
				job title.
(iv) Time in
				daily.
(v) Time out
				daily.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part X - Bureau of Occupational and Industrial Safety › Chapter 203 - LEAD-BASED PAINT OCCUPATION ACCREDITATION AND CERTIFICATION › Section 203.7 - Reciprocity

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Certification of occupations and accreditation of other training
				programs.
(1) The Department will
				enter into reciprocal agreements with other states and jurisdictions which have
				established accreditation and certification requirements substantially similar
				to those in the act and this chapter.
(2) The Department will designate, by notice
				in the
Pennsylvania Bulletin
, states and jurisdictions which
				have certification and accreditation programs for which the Department has
				granted reciprocity. Reciprocity for certification and accreditation will
				include certifications and course accreditations granted before November 8,
				1997.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part X - Bureau of Occupational and Industrial Safety › Chapter 203 - LEAD-BASED PAINT OCCUPATION ACCREDITATION AND CERTIFICATION › Section 203.8 - Fees

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
				information.
This section sets out the Department's certification and
				accreditation fees. Fees shall be remitted by check or money order made payable
				to the Commonwealth of Pennsylvania. Fees are not refundable.
(b)
Certification fees.
Applicants for certification in lead occupations shall remit the following
				initial and annual renewal fees:
(1)
				Lead-based-paint planner/project designer $200
(2) Lead-based-paint inspector/risk assessor
				$200
(3) Lead-based-paint
				supervisor $ 75
(4)
				Lead-based-paint worker $ 50
(5)
				Lead-based-paint contractor $500
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part X - Bureau of Occupational and Industrial Safety › Chapter 203 - LEAD-BASED PAINT OCCUPATION ACCREDITATION AND CERTIFICATION › Section 203.9 - Enforcement procedures and penalties

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
A person
				may not cause, suffer, permit or allow a lead-based-paint activity to be
				performed in violation of the act or this chapter. A person may not cause,
				suffer, permit or allow the performance of an act or operation in violation of
				an order issued by the Department under the act or this chapter.
(b)
Violations.
The
				Department has the power to issue an order requiring compliance with the act or
				this chapter.
(1) An order shall be served,
				personally or by certified mail, upon the person being charged with the
				violation.
(2) In the case of a
				violation of lead-based-paint work practice standards, a copy of the order
				shall also be served, personally or by certified mail, upon the property owner
				and a copy shall be posted on the premises.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part X - Bureau of Occupational and Industrial Safety › Chapter 203 - LEAD-BASED PAINT OCCUPATION ACCREDITATION AND CERTIFICATION › Section 203.10 - Contractor notification requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Notification.
(1) Lead-based paint abatement contractors
				shall notify the Department before engaging in any lead-based paint abatement
				project in the manner prescribed by the Department.
(2) Notification shall be postmarked or hand
				delivered to the Department at least 5 business days prior to the project start
				date. The Department will accept notification by fax at least 5 business days
				prior to the project start date if followed by original written and signed
				notification.
(3) In the case of an
				emergency project, verbal notification shall be given immediately to the
				Department and written notification shall be provided to the Department within
				1 business day of the emergency. Notification by fax in emergencies is
				acceptable if followed by original written and signed
				notification.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XI - Prevailing Wage › Chapter 211 - PREVAILING WAGE DIVISION › Section 211.1 - Applicability of general rules

Current through Register Vol. 54, No. 28, July 13, 2024
Under 1 Pa. Code §
									31.1 (relating to scope of part),
				  1 Pa. Code Part II (relating to general rules of administrative practice and
				  procedure), is applicable to the activities of and proceedings before the
				  Prevailing Wage Division, Department of Labor and Industry.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XI - Prevailing Wage › Chapter 213 - PREVAILING WAGE APPEALS BOARD › Section 213.1 - Applicability of general rules

Current through Register Vol. 54, No. 28, July 13, 2024
Under 1 Pa. Code §
									31.1 (relating to scope of part),
				  1 Pa. Code Part II (relating to general rules of administrative practice and
				  procedure) is applicable to the activities of, and proceedings before, the
				  Board, of the Department, except as otherwise provided in this
				  chapter.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XI - Prevailing Wage › Chapter 213 - PREVAILING WAGE APPEALS BOARD › Section 213.2 - 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 Pennsylvania Prevailing Wage Act
				  (43
				  P. S. §§
										165-1-165-17).
Agency
-The bureau or division of the
				  Department charged with administration and enforcement of the act.
Appellant
-A party filing an appeal with the
				  Board under this chapter.
Appellee
-A party whose interests are
				  contrary to those of the Appellant.
Board
-The Pennsylvania Prevailing Wage
				  Appeals Board.
Department
-The Department of Labor and
				  Industry of the Commonwealth.
General Rules
-The General Rules of
				  Administrative Practice and Procedure at 1 Pa. Code Part II.
Grievance
-A complaint pertaining to the
				  agency's administration of the act made under section 2.2(e)(1) of the act
				  (43
				  P. S. §
										165-2.2(e)(1)).
Grievant
-A party filing a grievance under
				  section 2.2(e)(1) of the act, with the Board.
Party
-In appeals under §
									213.3 (relating to appeals from
				  determinations of the Secretary), a party to the proceedings before the
				  Secretary. In grievance proceedings under §
									213.8 (relating to grievances
				  arising from administration of the act) the grievant, the agency and
				  intervenors.
Secretary
-The Secretary of the
				  Department.