reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 37 - LAW › Part IV - Municipal Police Officers' Education and Training Commission › Subpart B - Retired Law Enforcement Officers Identification and Qualification › Chapter 221 - RETIRED LAW ENFORCEMENT OFFICERS IDENTIFICATION AND QUALIFICATION CARDS › Subchapter B - RETIRED LAW ENFORCEMENT OFFICERS IDENTIFICATION CARDS › Section 221.25 - Challenge to issuance of identification card

Current through Register Vol. 54, No. 28, July 13, 2024
The Commission will have standing to contest issuance of
						any identification card subject to the provisions of §§
											203.101 -203.103 (relating to
						notice and hearings).
Pennsylvania Code › Title 37 - LAW › Part IV - Municipal Police Officers' Education and Training Commission › Subpart B - Retired Law Enforcement Officers Identification and Qualification › Chapter 221 - RETIRED LAW ENFORCEMENT OFFICERS IDENTIFICATION AND QUALIFICATION CARDS › Subchapter C - QUALIFICATION CARD › Section 221.32 - Qualification card contents

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 qualification card shall be issued to indicate compliance with the
					 Commonwealth's standards for training and qualification for active law
					 enforcement officers to carry a firearm. The qualification cards must be
					 uniform throughout this Commonwealth and on a form issued by the
					 Commission.
(b) The qualification
					 card must contain the following:
(1) The
					 caption "Retired Law Enforcement Officer Qualification Card."
(2) The name, address, date of birth, race,
					 sex, height, weight, color of hair, color of eyes and signature of the retired
					 law enforcement officer.
(3) The
					 date of completion of the most recent firearms training and qualification by
					 the retired law enforcement officer.
(4) An expiration date 12 months later than
					 the date of completion of the most recent firearms training and qualification
					 by the retired law enforcement officer.
(5) The name and signature of the certified
					 law enforcement firearms instructor issuing the qualification card.
(6) The name and signature of a
					 sheriff.
(7) A confirmation number
					 provided by the sheriff who signed the qualification card.
(8) A statement that the retired law
					 enforcement officer has a duty to surrender the qualification card when the
					 officer becomes legally ineligible either under Federal or State law to
					 receive, possess, use, manufacture, control, sell or transfer a
					 firearm.
Pennsylvania Code › Title 37 - LAW › Part IV - Municipal Police Officers' Education and Training Commission › Subpart B - Retired Law Enforcement Officers Identification and Qualification › Chapter 221 - RETIRED LAW ENFORCEMENT OFFICERS IDENTIFICATION AND QUALIFICATION CARDS › Subchapter C - QUALIFICATION CARD › Section 221.33 - Qualification card issuance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 retired law enforcement officer shall produce the identification card issued
					 under §
											221.23 (relating to identification
					 card issuance) or identification issued by another public agency satisfying the
					 requirements of 18 U.S.C.
					 §
												926C(d) (relating to
					 carrying of concealed firearms by qualified retired law enforcement officers)
					 along with another form of official/governmental identification, which includes
					 a photograph of the officer, to the certified law enforcement firearm
					 instructor prior to participating in firearms training and
					 qualification.
(b) A retired law
					 enforcement officer may not participate in firearms training and qualification
					 if the certified law enforcement firearm instructor determines that the officer
					 presents a safety hazard to himself or others on the range or if the officer is
					 not able to produce the two forms of identification required in subsection
					 (a).
(c) A retired law enforcement
					 officer shall meet the firearms standards established by the public agency from
					 which the law enforcement officer retired or the guidelines established by the
					 Commission to carry a firearm of the same type as the concealed firearm that
					 the officer intends to carry. As part of firearms training, the certified law
					 enforcement firearm instructor shall provide instruction on the use of force by
					 a civilian under 18 Pa.C.S. Chapter 5 (relating to general principles of
					 justification).
(d) The certified
					 law enforcement firearms instructor may issue a qualification card to a retired
					 law enforcement officer who has met the Commonwealth's standards for training
					 and qualification for active law enforcement officers to carry a
					 firearm.
(e) The certified law
					 enforcement firearm instructor shall obtain the qualification cards, for a fee
					 of $2 for each card, from the Commission.
(f) For 1 year, the certified law enforcement
					 firearms instructor shall keep a record of each qualification card issued,
					 including the following:
(1) The name of the
					 retired law enforcement officer to whom the qualification card was
					 issued.
(2) The make and model of
					 the weapons the retired law enforcement officer qualified on.
(3) The type of ammunition utilized by the
					 retired law enforcement officer.
(4) The course of fire completed by the
					 retired law enforcement officer.
(5) The date of qualification.
Pennsylvania Code › Title 37 - LAW › Part IV - Municipal Police Officers' Education and Training Commission › Subpart B - Retired Law Enforcement Officers Identification and Qualification › Chapter 221 - RETIRED LAW ENFORCEMENT OFFICERS IDENTIFICATION AND QUALIFICATION CARDS › Subchapter C - QUALIFICATION CARD › Section 221.34 - Replacement; error or change in material information

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Replacement.
If a
					 qualification card is lost, stolen, destroyed, mutilated or becomes illegible,
					 the retired law enforcement officer may obtain a replacement qualification card
					 upon request to the certified law enforcement firearm instructor and payment of
					 the required fee.
(b)
Error
					 or change in information.
If any information on a qualification card
					 has changed, or is in error, from the information originally set forth, the
					 retired law enforcement officer shall apply to the certified law enforcement
					 firearm instructor and submit the required fee, for a new qualification card
					 within 15 days of the change or discovery of the error. A fee will not be
					 charged if the certified law enforcement firearm instructor caused the error to
					 occur.
The provisions of this §
													221.34 amended under section 7 of
						  the Retired Law Enforcement Identification Act (53 P. S. §
														753.7).
Pennsylvania Code › Title 37 - LAW › Part IV - Municipal Police Officers' Education and Training Commission › Subpart B - Retired Law Enforcement Officers Identification and Qualification › Chapter 221 - RETIRED LAW ENFORCEMENT OFFICERS IDENTIFICATION AND QUALIFICATION CARDS › Subchapter C - QUALIFICATION CARD › Section 221.35 - Challenge to issuance of qualification card

Current through Register Vol. 54, No. 28, July 13, 2024
The Commission will have standing to contest issuance of
						any qualification card subject to §§
											203.101-203.103 (relating to notice and
						hearings).
The provisions of this §
													221.34 amended under section 7 of
						  the Retired Law Enforcement Identification Act (53 P. S. §
														753.7).
Pennsylvania Code › Title 37 - LAW › Part IV - Municipal Police Officers' Education and Training Commission › Subpart C - Law Enforcement Officer Hiring and Separation › Chapter 241 - LAW ENFORCEMENT BACKGROUND INVESTIGATIONS-TEMPORARY REGULATIONS › GENERAL PROVISIONS › Section 241.1 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter sets forth regulations for the hiring and
						separation of a law enforcement officer by a law enforcement agency. This
						chapter is applicable to law enforcement agencies within the Commonwealth that
						are required to report information, or that may request information or records
						in accordance with the act.
Pennsylvania Code › Title 37 - LAW › Part IV - Municipal Police Officers' Education and Training Commission › Subpart C - Law Enforcement Officer Hiring and Separation › Chapter 241 - LAW ENFORCEMENT BACKGROUND INVESTIGATIONS-TEMPORARY REGULATIONS › GENERAL PROVISIONS › Section 241.3 - Confidentiality

Current through Register Vol. 54, No. 28, July 13, 2024
Information furnished under this chapter by an applicant,
						law enforcement agency, or collected by the Commission under this chapter, is
						confidential and not subject to public disclosure, with the exception of
						information expressly identified within the act as eligible under the
						Right-to-Know Law (65 P.S. §§
												67.101-67.3104). Secondary dissemination of
						confidential information is strictly prohibited.
Pennsylvania Code › Title 37 - LAW › Part IV - Municipal Police Officers' Education and Training Commission › Subpart C - Law Enforcement Officer Hiring and Separation › Chapter 241 - LAW ENFORCEMENT BACKGROUND INVESTIGATIONS-TEMPORARY REGULATIONS › GENERAL PROVISIONS › Section 241.4 - Law enforcement agency enrollment

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Commission will publish information
					 on the Commission's public web site regarding procedures for agencies to enroll
					 in TACS.
(b) A law enforcement
					 agency shall enroll in TACS as directed on the Commission's public web site
					 within 30 days of a determination by the law enforcement agency that the law
					 enforcement agency is subject to the act.
(c) A law enforcement officer who is employed
					 with a law enforcement agency and whose information is contained in TACS will
					 be eligible to participate in the Commission's annual in-service training
					 program.
Pennsylvania Code › Title 37 - LAW › Part IV - Municipal Police Officers' Education and Training Commission › Subpart C - Law Enforcement Officer Hiring and Separation › Chapter 241 - LAW ENFORCEMENT BACKGROUND INVESTIGATIONS-TEMPORARY REGULATIONS › EMPLOYMENT INFORMATION › Section 241.5 - Background investigations

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Request for disclosure of employment information.
(1) A prospective employing law enforcement
					 agency shall request employment information from an applicant's former
					 employing law enforcement agencies. The request shall be on a form promulgated
					 by the Commission and signed by the prospective employing law enforcement
					 agency's chief of police or other authorized representative. The request shall
					 include an authorization and release signed by the applicant.
(2) An applicant's former employing law
					 enforcement agency shall:
(i) Maintain
					 employment information and records specified in section 7308 of the act
					 (relating to maintenance of records) in accordance with the applicable
					 retention and disposition schedules established by law.
(ii) Provide the prospective employing law
					 enforcement agency access to the requested records within 30 days of receipt of
					 the request.
Pennsylvania Code › Title 37 - LAW › Part IV - Municipal Police Officers' Education and Training Commission › Subpart C - Law Enforcement Officer Hiring and Separation › Chapter 241 - LAW ENFORCEMENT BACKGROUND INVESTIGATIONS-TEMPORARY REGULATIONS › EMPLOYMENT INFORMATION › Section 241.6 - Request of separation record

Current through Register Vol. 54, No. 28, July 13, 2024
A prospective employing law enforcement agency shall
						request an applicant's separation record from the Commission when a conditional
						offer of employment is made to an applicant.
(1) A request for a separation record shall
					 be submitted in TACS and shall include a notarized waiver form signed by the
					 applicant.
(2) The Commission will
					 provide the separation record for the applicant or certification that a
					 separation record does not exist. If an applicant is currently employed by a
					 law enforcement agency within the Commonwealth, the Commission will provide a
					 prospective employing law enforcement agency with the current employing law
					 enforcement agency information.
Pennsylvania Code › Title 37 - LAW › Part IV - Municipal Police Officers' Education and Training Commission › Subpart C - Law Enforcement Officer Hiring and Separation › Chapter 241 - LAW ENFORCEMENT BACKGROUND INVESTIGATIONS-TEMPORARY REGULATIONS › EMPLOYMENT INFORMATION › Section 241.7 - Hiring information

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Within 7 days of completion of the selection or hiring process, a prospective
					 employing law enforcement agency shall notify the Commission of the applicant's
					 final employment status in TACS.
(b) A hiring report shall be submitted to the
					 Commission by a prospective law enforcement agency when an applicant who is
					 hired has a history of either final and binding disciplinary action or a
					 criminal conviction, or both, for:
(1)
					 Excessive force.
(2)
					 Harassment.
(3) Theft.
(4) Discrimination.
(5) Sexual abuse.
(6) Sexual misconduct.
(7) Domestic violence.
(8) Coercion of a false confession.
(9) Filing a false report.
(10) Judicial finding of
					 dishonesty.
Pennsylvania Code › Title 37 - LAW › Part IV - Municipal Police Officers' Education and Training Commission › Subpart C - Law Enforcement Officer Hiring and Separation › Chapter 241 - LAW ENFORCEMENT BACKGROUND INVESTIGATIONS-TEMPORARY REGULATIONS › SEPARATION INFORMATION › Section 241.8 - Submission of separation record

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A law enforcement agency shall update the
					 employment status of a law enforcement officer and submit a separation record
					 in TACS no more than 15 days after the law enforcement officer's separation
					 from employment.
(b) A separation
					 record shall be on a form promulgated by the Commission and shall include a
					 notation of final and binding disciplinary action or a criminal
					 conviction.
(c) If a separation
					 record form is incomplete, the Commission will notify the submitting law
					 enforcement agency that the separation record form has been rejected. The
					 submitting law enforcement agency shall submit a corrected separation record
					 form to the Commission within 15 days of receiving the rejection
					 notice.
Pennsylvania Code › Title 37 - LAW › Part IV - Municipal Police Officers' Education and Training Commission › Subpart C - Law Enforcement Officer Hiring and Separation › Chapter 241 - LAW ENFORCEMENT BACKGROUND INVESTIGATIONS-TEMPORARY REGULATIONS › SEPARATION INFORMATION › Section 241.9 - Officer review

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A law
					 enforcement officer may request their separation record form from the
					 Commission.
(1) A request to review a
					 separation record form shall be made on a notarized waiver form and submitted
					 to the Commission in TACS.
(2) A
					 request to review a separation record form shall include the employing law
					 enforcement agency name and dates the law enforcement officer was employed by
					 the law enforcement agency.
(3) The
					 Commission will provide the law enforcement officer a copy of the requested
					 separation record form upon receipt of the request.
Pennsylvania Code › Title 37 - LAW › Part IV - Municipal Police Officers' Education and Training Commission › Subpart C - Law Enforcement Officer Hiring and Separation › Chapter 241 - LAW ENFORCEMENT BACKGROUND INVESTIGATIONS-TEMPORARY REGULATIONS › SEPARATION INFORMATION › Section 241.10 - Amending separation records

Current through Register Vol. 54, No. 28, July 13, 2024
A law enforcement agency may submit a corrected or
						amended separation record form to the Commission for a law enforcement officer
						who was previously employed by the agency, and for whom the agency has
						previously submitted a separation record form.
(1) A corrected or amended separation record
					 form shall be submitted in TACS and shall be accompanied by the correction
					 request form from the law enforcement officer requesting the change.
(2) If a law enforcement agency submits a
					 corrected or amended separation record form that is not based on a request from
					 a law enforcement officer, the law enforcement agency shall notify the affected
					 law enforcement officer.
(i) The law
					 enforcement agency shall notify the affected law enforcement officer by
					 certified mail that a previously submitted separation record form will be
					 changed and submitted to the Commission.
(ii) The law enforcement agency shall attach
					 documentation of the notification to the affected law enforcement officer to
					 the submission of the corrected or amended separation record form in
					 TACS.
Pennsylvania Code › Title 37 - LAW › Part IV - Municipal Police Officers' Education and Training Commission › Subpart C - Law Enforcement Officer Hiring and Separation › Chapter 241 - LAW ENFORCEMENT BACKGROUND INVESTIGATIONS-TEMPORARY REGULATIONS › SEPARATION INFORMATION › Section 241.11 - Officer statement of disagreement

Current through Register Vol. 54, No. 28, July 13, 2024
A law enforcement officer who disagrees with a law
						enforcement agency determination regarding the correction or removal of a
						portion of a separation record, may submit a written statement of disagreement
						to the Commission and to the previously employing law enforcement
						agency.
(1) The written statement of
					 disagreement shall be submitted to the Commission by the law enforcement
					 officer in TACS and shall be accompanied by the correction request form that
					 was submitted to and returned by the previously employing law enforcement
					 agency.
(2) The law enforcement
					 officer's written statement of disagreement will be provided by the Commission
					 with any future requests for the law enforcement officer's separation record
					 form.
(3) The previously employing
					 law enforcement agency shall maintain the law enforcement officer's written
					 statement of disagreement with, and as part of, the law enforcement officer's
					 separation records maintained pursuant to the act.
Pennsylvania Code › Title 37 - LAW › Part IV - Municipal Police Officers' Education and Training Commission › Subpart C - Law Enforcement Officer Hiring and Separation › Chapter 241 - LAW ENFORCEMENT BACKGROUND INVESTIGATIONS-TEMPORARY REGULATIONS › RECORD RETENTION › Section 241.12 - Record retention by law enforcement agency

Current through Register Vol. 54, No. 28, July 13, 2024
A law enforcement agency shall maintain employment
						information and records specified in section 7308 of the act (relating to
						maintenance of records) in accordance with the applicable retention and
						disposition schedules established by law.
Pennsylvania Code › Title 37 - LAW › Part IV - Municipal Police Officers' Education and Training Commission › Subpart C - Law Enforcement Officer Hiring and Separation › Chapter 241 - LAW ENFORCEMENT BACKGROUND INVESTIGATIONS-TEMPORARY REGULATIONS › SECURITY OF RECORDS › Section 241.13 - Record security procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A law
					 enforcement agency shall maintain employment information and records specified
					 in section 7308 of the act (relating to maintenance of records) in accordance
					 with security protocols to ensure the security of those records.
At a minimum, a law enforcement agency shall:
(1) Ensure only authorized personnel have
					 access to employment information, including separation records.
(2) Maintain employment information,
					 including separations records, in a manner and location that protects against
					 loss, damage and unauthorized alteration, removal or destruction.
(3) Ensure employment information, including
					 separation records, are accessible for dissemination to or review by a
					 prospective law enforcement agency in accordance with section 7304 of the act
					 (relating to disclosure of employment information).
Pennsylvania Code › Title 37 - LAW › Part IV - Municipal Police Officers' Education and Training Commission › Subpart D - Law Enforcement Mental Health › Chapter 261 - LAW ENFORCEMENT MENTAL HEALTH EVALUATIONS-TEMPORARY REGULATIONS. › GENERAL PROVISIONS › Section 261.1 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter sets forth regulations for a law enforcement
						agency to provide a law enforcement officer with a mental health evaluation for
						post-traumatic stress disorder. This chapter is applicable to law enforcement
						agencies and law enforcement officers within the Commonwealth as identified in
						the act.
Pennsylvania Code › Title 37 - LAW › Part IV - Municipal Police Officers' Education and Training Commission › Subpart D - Law Enforcement Mental Health › Chapter 261 - LAW ENFORCEMENT MENTAL HEALTH EVALUATIONS-TEMPORARY REGULATIONS. › GENERAL PROVISIONS › Section 261.2 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the definitions contained in the act, the
						following words and terms, when used in this chapter, have the following
						meanings:
Act
-44 Pa.C.S. Chapter 72 (relating to
						mental health evaluations).
Commission
-The Municipal Police
						Officers' Education and Training Commission.
Essential job functions of a police
						officer
-The job functions and tasks essential to performing the full
						duties of a municipal police officer, including, but not limited to, the
						ability to effectuate arrests, proficiently handle firearms, operate a police
						vehicle and perform a variety of physical tasks, the ability to communicate
						effectively, both verbally and in writing, the ability to comprehend documents
						and apply rules, procedures, and precedent, and other mental tasks, as well as
						perform rescue functions and other miscellaneous duties.
Fitness for duty evaluation
-A formal,
						specialized psychological examination to determine whether a law enforcement
						officer is able to safely and effectively perform essential job functions of a
						police officer.
Lethal force
-Force that directly causes
						the death of another person.
Licensed mental health professional
-A
						licensed psychologist with education, training and experience in the diagnostic
						evaluation of mental and emotional disorders.
Mental health evaluation
-An evaluation
						conducted by a licensed mental health professional to provide the licensed
						mental health professional with an impression of the way a person feels,
						reasons, thinks and remembers in order to diagnose mental health disorders.
Police Chief
or
supervising law
						enforcement officer
-The agency executive, chief of police or officer
						in charge of a police department enumerated under the act, or the person or
						governing body exercising executive oversight of a police department enumerated
						under the act.
TACS-Training and Certification
						System
-The web-based electronic database used to collect and retain
						information for programs managed by the Commission.
Pennsylvania Code › Title 37 - LAW › Part IV - Municipal Police Officers' Education and Training Commission › Subpart D - Law Enforcement Mental Health › Chapter 261 - LAW ENFORCEMENT MENTAL HEALTH EVALUATIONS-TEMPORARY REGULATIONS. › GENERAL PROVISIONS › Section 261.3 - Duties of law enforcement agency

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In accordance with section 7203(a)(1) of
					 the act (relating to mental health evaluations for law enforcement officers), a
					 law enforcement agency shall provide a law enforcement officer employed by the
					 law enforcement agency with a mental health evaluation for post-traumatic
					 stress disorder when requested by a law enforcement officer.
(1) The law enforcement agency shall make a
					 request for a mental health evaluation to a licensed mental health professional
					 on a form promulgated by the Commission.
(2) The law enforcement agency shall schedule
					 the mental health evaluation with a licensed mental health professional to
					 occur within 10 calendar days of the request by the law enforcement
					 officer.
(3) The law enforcement
					 agency shall be responsible for costs associated with a mental health
					 evaluation.
(4) The law enforcement
					 agency shall notify the Commission within 5 calendar days, whenever the
					 evaluation, diagnosis or treatment of a law enforcement officer, who requests a
					 mental health evaluation under subsection (a), results in the officer being
					 unable to perform the essential job functions of a law enforcement officer.
					 This notification:
(i) Shall be accomplished
					 through TACS.
(ii) Shall indicate
					 only the new duty status.
(iii) May
					 not include any information concerning the evaluation, diagnosis or treatment
					 of the law enforcement officer.
Pennsylvania Code › Title 37 - LAW › Part IV - Municipal Police Officers' Education and Training Commission › Subpart D - Law Enforcement Mental Health › Chapter 261 - LAW ENFORCEMENT MENTAL HEALTH EVALUATIONS-TEMPORARY REGULATIONS. › GENERAL PROVISIONS › Section 261.4 - Duties of licensed mental health professional

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Whenever a request for a mental health
					 evaluation of a law enforcement officer is received, a licensed mental health
					 professional shall:
(1) Schedule the mental
					 health evaluation to occur within 10 days of the request made under §
												261.3(a) or (b)
					 (relating to duties of law enforcement agency).
(2) Schedule the mental health evaluation to
					 occur within 30 days of the incident which prompted the request under §
					 261.3(c).
(3) Conduct a mental
					 health evaluation, including a fitness for duty evaluation, clinical interview
					 and objective testing, to determine if the law enforcement officer is both:
(i) Experiencing symptoms of post-traumatic
					 stress disorder.
(ii) Fit to
					 perform the essential job functions of a police officer.
(4) Conduct follow-up fitness for duty
					 evaluations to determine if the law enforcement officer is fit to perform the
					 essential job functions of a police officer if:
(i) The initial mental health evaluation is
					 insufficient to determine if the law enforcement officer is experiencing
					 symptoms of post-traumatic stress disorder.
(ii) The initial mental health evaluation is
					 insufficient to determine if the law enforcement officer is fit to perform the
					 essential job functions of a police officer.
Pennsylvania Code › Title 37 - LAW › Part IV - Municipal Police Officers' Education and Training Commission › Subpart D - Law Enforcement Mental Health › Chapter 261 - LAW ENFORCEMENT MENTAL HEALTH EVALUATIONS-TEMPORARY REGULATIONS. › GENERAL PROVISIONS › Section 261.5 - Duties of law enforcement officer

Current through Register Vol. 54, No. 28, July 13, 2024
Whenever a law enforcement officer is subject to a mental
						health evaluation under §
											261.3 (relating to duties of law
						enforcement agency), the law enforcement officer shall:
(1) Attend and participate in the scheduled
					 mental health evaluation.
(2)
					 Attend and participate in any follow-up evaluations.
(3) Notify law enforcement agencies that
					 employ the law enforcement officer, when the law enforcement officer is
					 employed by multiple law enforcement agencies and is placed on administrative
					 duty by any of the employing law enforcement agencies.
(4) Notify an agency for which the law
					 enforcement officer is employed as a peace officer, as defined in
					 18
					 Pa.C.S §
												501 (relating to definitions),
					 when the law enforcement officer is employed by multiple agencies and is placed
					 on administrative duty by any of the employing law enforcement
					 agencies.
This section cited in 37 Pa. Code §
													261.3 (relating to duties of law
						  enforcement agency); and 37 Pa. Code §
													261.6 (relating to duties of
						  Commission).
Pennsylvania Code › Title 37 - LAW › Part IV - Municipal Police Officers' Education and Training Commission › Subpart D - Law Enforcement Mental Health › Chapter 261 - LAW ENFORCEMENT MENTAL HEALTH EVALUATIONS-TEMPORARY REGULATIONS. › GENERAL PROVISIONS › Section 261.6 - Duties of Commission

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon
					 notice by a law enforcement agency of a change of duty status for a law
					 enforcement officer, the Commission will ensure that the appropriate duty
					 status is reflected in TACS.
(b)
					 Upon written notice by a law enforcement agency of a law enforcement officer's
					 failure to comply with §
											261.5 (relating to duties of law
					 enforcement officer), the Commission:
(i) Will
					 provide the law enforcement officer with notice and an opportunity to be heard,
					 as prescribed by 37 Pa. Code Chapter 203, Subchapter G (relating to notice and
					 hearings).
(ii) May suspend or
					 revoke the certification of that law enforcement officer, in accordance with 37
					 Pa. Code §
												203.14 (relating to revocation of
					 certification).
Pennsylvania Code › Title 37 - LAW › Part IV - Municipal Police Officers' Education and Training Commission › Subpart D - Law Enforcement Mental Health › Chapter 261 - LAW ENFORCEMENT MENTAL HEALTH EVALUATIONS-TEMPORARY REGULATIONS. › GENERAL PROVISIONS › Section 261.7 - Confidentiality

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Any request or
					 recommendation for a mental health evaluation of a law enforcement officer,
					 made under this chapter, whether verbal or written, shall be considered
					 confidential. No person may divulge or discuss a recommendation or request made
					 under this chapter, unless such communication is necessary to comply with this
					 chapter.
(b) The results of any
					 mental health evaluation of a law enforcement officer, conducted under this
					 chapter, whether verbal or written, shall be considered confidential. All
					 records kept, stored or otherwise retained by a law enforcement agency, the
					 Commission or by a licensed mental health professional, which are generated as
					 a result of an action under this chapter, shall be kept separate from other
					 employment records. No person may divulge or discuss the results of any mental
					 health evaluation of a law enforcement officer made under this chapter, unless
					 such communication is necessary to comply with this chapter.
Pennsylvania Code › Title 37 - LAW › Part IV - Municipal Police Officers' Education and Training Commission › Subpart E - LEGISLATIVELY ORDERED MATERIAL › Chapter 281 - LEGISLATIVELY ORDERED › MATERIAL RELATING TO CANINE TRAINING AND CERTIFICATION › Appendix A - Canine Training and Certification Standards › Section 1 - Basic training

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Requirements.
Prior to conducting police operations, a police
						canine unit must complete a basic training program that includes instruction in
						the following:
(1) Basic working dog skills
						including temperament, obedience, apprehension and the like.
(2) Applicable specialty skills including
						patrol, scent and the like.
(3)
						Team training with the assigned handler.
Pennsylvania Code › Title 37 - LAW › Part IV - Municipal Police Officers' Education and Training Commission › Subpart E - LEGISLATIVELY ORDERED MATERIAL › Chapter 281 - LEGISLATIVELY ORDERED › MATERIAL RELATING TO CANINE TRAINING AND CERTIFICATION › Appendix A - Canine Training and Certification Standards › Section 2 - Maintenance training and evaluation

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Training.
Every police canine unit shall accomplish 16 hours
						of monthly maintenance training that includes the following:
(1) Review basic skills.
(2) Review specialty skills.
(3) Review use of force decision-making by
						the handler.
Pennsylvania Code › Title 37 - LAW › Part IV - Municipal Police Officers' Education and Training Commission › Subpart E - LEGISLATIVELY ORDERED MATERIAL › Chapter 281 - LEGISLATIVELY ORDERED › MATERIAL RELATING TO CANINE TRAINING AND CERTIFICATION › Appendix A - Canine Training and Certification Standards › Section 3 - Records and documentation

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Training documentation.
Every police department employing a
						police canine unit shall maintain documentation of all basic and maintenance
						training for the duration of the police canine unit's service and for at least
						5 years following the end of the police canine unit's service with the
						department.
(b)
Evaluation
						form.
Both initial and annual evaluations will be documented on a form
						promulgated by the Municipal Police Officers' Education and Training
						Commission.
(c)
Evaluation
						results.
Evaluations, whether successful or unsuccessful, shall be
						maintained for the duration of the police canine unit's service and for at
						least 5 years following the end of the police canine unit's service with the
						department.
Pennsylvania Code › Title 37 - LAW › Part V - Bureau of Consumer Protection › Chapter 301 - AUTOMOTIVE INDUSTRY TRADE PRACTICES › Section 301.2 - Advertising requirements

Current through Register Vol. 54, No. 28, July 13, 2024
With respect to an advertisement or sales presentation
				  offering or making available for sale a new or used motor vehicle or
				  maintenance service or repair on a new or used motor vehicle, the following
				  will be considered unfair methods of competition and unfair or deceptive acts
				  or practices:
(1) The use of different
				type, size, style, location, sound, lighting or color, so as to obscure or make
				misleading a material fact in an advertisement or sales presentation.
(2) The misrepresentation in any way of the
				size, inventory or nature of the business of the advertiser or seller; the
				expertise of the advertiser or seller or his agents or employes; or the ability
				or capacity of the advertiser or seller to offer price reductions.
(3) The use of an advertisement or sales
				presentation as part of a plan or scheme not to sell the vehicles or services
				advertised, or both, or not to sell the vehicles or services advertised or
				presented at the advertised price. The following will be
prima
				facie
evidence of a plan or scheme not to sell the motor vehicles or
				services or not to sell the vehicles or services at the advertised or
				represented prices:
(i) Refusing to show,
				display, sell or otherwise provide the goods and services advertised in under
				the terms of the advertisement.
(ii) Disparaging by act or word the
				advertised goods and services; the warranty; the credit terms; the availability
				of service, repairs or parts; or anything which in any other respect is a
				material fact connected with the sale of the advertised goods and
				services.
(iii) Refusing to take
				orders for advertised goods and services or taking orders at a price greater
				than the advertised price.
(iv)
				Showing, demonstrating or delivering advertised goods or services which are
				obviously defective, unusable or unsuitable for the purpose represented or
				implied in the advertisement or sales presentation.
(v) Accepting a deposit for advertised goods
				or services, then switching the purchaser to higher priced goods or
				services.
(vi) Failing to make
				delivery of the advertised goods and services within the promised delivery
				period unless the failure is caused by reasons beyond the control of the
				advertiser.
(vii) Using a sales
				plan or method of compensating or penalizing sales persons which is designed to
				prevent or discourage them from selling advertised goods and services or from
				selling the same at the advertised price; this subparagraph may not apply to a
				sales plan or method of compensation whereby a salesperson realizes a fixed
				percentage rate of the gross amount of sales made by the salesperson within a
				specified time period nor to a salesperson bonus plan designed to encourage or
				reward the selling of goods and services offered by the advertiser, including
				those advertised.
Pennsylvania Code › Title 37 - LAW › Part V - Bureau of Consumer Protection › Chapter 301 - AUTOMOTIVE INDUSTRY TRADE PRACTICES › Section 301.3 - General provisions-manufacturer

Current through Register Vol. 54, No. 28, July 13, 2024
With respect to a manufacturer, the following will be
				  considered unfair methods of competition and unfair or deceptive acts or
				  practices:
(1) Furnishing replacement
				parts or equipment for motor vehicles under the terms of a warranty or guaranty
				which are not of equal or superior quality or which change the terms of the
				original warranty or guarantee.
(2)
				Failing to furnish to its dealers price lists or change notices for motor
				vehicles, optional equipment, accessories and transportation or destination
				charges on which dealers may rely in executing contracts with
				purchasers.
(3) To increase prices
				of motor vehicles which the dealer had ordered for private retail consumers
				prior to the dealer's receipt of the written official price increase
				notification. A sales contract signed by a private retail consumer shall
				constitute evidence of the order.
(4) Substituting for identified specified
				equipment other equipment unless the purchaser is immediately notified in
				writing of the proposed substitution and is given the opportunity to rescind
				the purchase agreement within 5 days of notification of the
				substitution.
(5) Failing to cancel
				upon request a purchase order and to refund to the dealer monies received when
				unable to deliver a motor vehicle as ordered within 8 weeks from the date of
				the purchase order: unless the purchase order specifies a longer time period
				for delivery; unless the dealer was notified, prior to the date of the purchase
				order, of a longer delivery period; or unless the delay is caused by acts
				beyond the control of the manufacturer.
Pennsylvania Code › Title 37 - LAW › Part V - Bureau of Consumer Protection › Chapter 301 - AUTOMOTIVE INDUSTRY TRADE PRACTICES › Section 301.5 - General provisions-repair shop

Current through Register Vol. 54, No. 28, July 13, 2024
With regard to a repair shop, the following is considered
				  unfair methods of competition and unfair or deceptive acts or practices:
(1) Making a statement, directly or
				indirectly, which the dealer or repair shop knows or should know to be untrue
				or misleading including but not limited to the following:
(i) That repairs are necessary or desirable
				or that repairs are not necessary or desirable when such is not, in fact,
				true.
(ii) That a vehicle is in a
				dangerous condition or use of the vehicle may produce harm to the customer or
				that a vehicle is not in a dangerous condition or use of the vehicle may not
				produce harm to the customer when such is not, in fact, true.
(iii) That repairs have been performed on a
				vehicle when such is not, in fact, true.
Pennsylvania Code › Title 37 - LAW › Part V - Bureau of Consumer Protection › Chapter 301 - AUTOMOTIVE INDUSTRY TRADE PRACTICES › Section 301.6 - Interpretation

Current through Register Vol. 54, No. 28, July 13, 2024
No provision of this chapter or the application thereof will
				  be interpreted to be inconsistent with the Board of Vehicles Act (63 P. S.
				  §§
										818.1-818.28), nor will this
				  chapter limit another practice which may be considered unlawful under sections
				  1-9.2 of the Unfair Trade Practices and Consumer Protection Law (73 P. S.
				  §§
										201-1-201-9.2).
Pennsylvania Code › Title 37 - LAW › Part V - Bureau of Consumer Protection › Chapter 305 - LOAN BROKER TRADE PRACTICES › Section 305.1 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter establishes what are determined to be unfair
				  methods of competition and unfair or deceptive acts or practices by loan
				  brokers, but may not be interpreted to limit the power of the Attorney General
				  to determine that another practice is unlawful under sections 1-9.2 of the
				  Unfair Trade Practices and Consumer Protection Law (73 P. S. §§
										201-1-201-9.2).
Pennsylvania Code › Title 37 - LAW › Part V - Bureau of Consumer Protection › Chapter 305 - LOAN BROKER TRADE PRACTICES › Section 305.2 - 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:
Borrower
-A person seeking the services of a
				  loan broker.
Fee
-oney or other valuable consideration
				  paid or promised to be paid by a borrower for services rendered or to be
				  rendered by a person acting as a loan broker as that term is defined in this
				  chapter. The term does not include a
bona fide
fee or expense
				  paid by a borrower which the loan broker pays to a third party specifically for
				  credit reporting and appraisal services.
Loan
-An agreement to advance money secured
				  by owner-occupied single-family residential real estate in return for the
				  promise that the money shall be repaid and that payments shall be made for the
				  use of the money.
Loan broker
-A person, copartnership,
				  association or corporation engaged in providing services for the purpose of
				  procuring or attempting to procure a loan on behalf of a borrower where a fee
				  or other valuable consideration is charged for the services. The term does not
				  include a person, copartnership, association or corporation expressly regulated
				  by a regulatory body or officer of this Commonwealth or of the United States,
				  such as State and nationally chartered banks, savings and loan associations and
				  their regulated subsidiaries.
Pennsylvania Code › Title 37 - LAW › Part V - Bureau of Consumer Protection › Chapter 305 - LOAN BROKER TRADE PRACTICES › Section 305.3 - General provisions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) With
				respect to a loan broker, the following are considered unfair methods of
				competition and unfair or deceptive acts or practices:
(1) Employing a device, scheme or artifice to
				defraud.
(2) Making false or
				misleading statements of fact or omitting material facts in order to make a
				statement not misleading.
(3)
				Engaging in an act, practice or course of conduct which creates a likelihood of
				confusion or misunderstanding.
(4)
				Failing to use due diligence and make reasonable efforts to procure a loan on
				behalf of a borrower.
(5) Retaining
				a fee paid by a borrower to the loan broker where a loan is not procured within
				the time specified by the loan broker at the rate, term and overall cost agreed
				to by the loan broker and borrower, regardless of an express written agreement
				to the contrary. This paragraph does not apply if the failure to procure a loan
				is due solely to the borrower's negligence or outright refusal to provide
				information specifically requested by the loan broker.
(6) Failing to escrow a fee which is paid by
				the borrower prior to procuring a loan in an interest bearing account of an
				institution regulated by the Federal Reserve Board, the Federal Home Loan Bank
				Board, Comptroller of the Currency or the Department of Banking.
(7) Failing to promptly refund to the
				borrower an escrowed amount with interest if a loan is not procured as set
				forth in paragraph (5).
Pennsylvania Code › Title 37 - LAW › Part V - Bureau of Consumer Protection › Chapter 305 - LOAN BROKER TRADE PRACTICES › Section 305.4 - Waiver of rights

Current through Register Vol. 54, No. 28, July 13, 2024
A waiver of this chapter by a borrower prior to or at the
				  time of entering into an agreement with a loan broker is contrary to public
				  policy and is void. An attempt by a loan broker to have a borrower waive his
				  rights under this chapter shall be deemed to be fraudulent conduct under
				  section 201-2(4)(xvii) of the Unfair Trade Practices and Consumer Protection
				  Law (73 P. S. §
										201-2(4)(xvii)).
Pennsylvania Code › Title 37 - LAW › Part V - Bureau of Consumer Protection › Chapter 307 - PLAIN LANGUAGE CONSUMER CONTRACT PREAPPROVAL- STATEMENT OF POLICY › Section 307.1 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
In this chapter, the OAG explains how to submit a contract
				  for its preapproval under the PLA. Additional written materials are available
				  from the OAG to help you comply with the PLA.
Pennsylvania Code › Title 37 - LAW › Part V - Bureau of Consumer Protection › Chapter 307 - PLAIN LANGUAGE CONSUMER CONTRACT PREAPPROVAL- STATEMENT OF POLICY › Section 307.2 - Materials used in preapproval

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				The following materials are used in preapproval:
(1) An application for contract
				preapproval.
(2) A test of
				readability.
(3) Illustrations for
				the test of readability.
Pennsylvania Code › Title 37 - LAW › Part V - Bureau of Consumer Protection › Chapter 307 - PLAIN LANGUAGE CONSUMER CONTRACT PREAPPROVAL- STATEMENT OF POLICY › Section 307.3 - Contracts and language subject to preapproval

Current through Register Vol. 54, No. 28, July 13, 2024
The PLA and our preapproval apply only to consumer contracts
				  as defined under section 3 of the PLA (73 P. S. §
										2203). For the purpose of the PLA, a consumer
				  contract is mainly limited to transactions primarily for personal, family or
				  household purposes in amounts up to $50,000. In the opinion of the Attorney
				  General, the PLA applies only to contracts executed after June 24, 1994, the
				  effective date of the PLA.
Pennsylvania Code › Title 37 - LAW › Part V - Bureau of Consumer Protection › Chapter 307 - PLAIN LANGUAGE CONSUMER CONTRACT PREAPPROVAL- STATEMENT OF POLICY › Section 307.4 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The following
				terms have the following meanings when used in this chapter:
OAG
-The Office of Attorney General.
PLA
-The Plain Language Consumer Contract Act
				  (73
				  P. S. §§
											2201-2212).
(b) Section 3 of the PLA (73 P. S. §
										2203) contains definitions as follows:
Consumer
-Any individual who borrows, buys,
				  leases or obtains credit, money, services or property under a consumer
				  contract.
Consumer contract
or
contract
-A written agreement between a consumer and a party
				  acting in the usual course of business, made primarily for personal, family or
				  household purposes in which a consumer does any of the following:
(i) Borrows money.
(ii) Buys, leases or rents personal property,
				real property or services for cash or on credit.
(iii) Obtains credit.