reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter GGG - EQUAL EMPLOYMENT OPPORTUNITY › Section 1.861 - Prohibition of discrimination and affirmation of equal employment opportunity

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An agency under
				  the Governor's jurisdiction may not discriminate against any employee or
				  applicant for employment on the basis of race, color, religious creed,
				  ancestry, union membership, age, gender, sexual orientation, gender identity or
				  expression, national origin, AIDS or HIV status, or disability.
(b) Each agency under the Governor's
				  jurisdiction shall ensure fair and equal employment opportunities exist at
				  every level of government.
(c)
				  Sexual harassment or harassment based on any of the factors in subsection (a)
				  is prohibited.
This section cited in 4 Pa. Code §
												1.863 (relating to responsibility
						for implementing equal employment
						opportunity).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter GGG - EQUAL EMPLOYMENT OPPORTUNITY › Section 1.862 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this
					 subchapter, have the following meanings, unless the context clearly indicates
					 otherwise:
Gender identity or expression
-The
					 gender-related identity, appearance, mannerisms, expression or other
					 gender-related characteristics of an individual regardless of the individual's
					 designated sex at birth.
Sexual orientation
-Heterosexuality,
					 homosexuality or bisexuality.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter GGG - EQUAL EMPLOYMENT OPPORTUNITY › Section 1.863 - Responsibility for implementing equal employment opportunity

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Secretary of Administration shall
				  supervise the development, implementation and enforcement of the Commonwealth's
				  equal employment opportunity programs through the Bureau of Workforce Planning,
				  Development and Equal Employment Opportunity, which shall in turn:
(1) Develop and promote steps designed to
				  ensure a diverse workforce, equal employment opportunity and fair treatment of
				  the protected classes in §
											1.861(a) (relating
				  to prohibition of discrimination and affirmation of equal employment
				  opportunity) at all levels of state government.
(2) Develop Commonwealth-wide equal
				  employment opportunity policies, procedures and training to ensure consistency
				  and uniformity.
(3) Conduct or
				  participate in periodic onsite reviews and audits of agency equal employment
				  opportunity programs.
(4) Develop
				  complaint investigation and resolution procedures for implementation by
				  agencies under the Governor's jurisdiction.
(5) Review complaint investigation reports at
				  any stage of the complaint process.
(6) Develop and implement a standardized
				  equal employment opportunity procedure to monitor personnel transactions in
				  Commonwealth agencies under the Governor's jurisdiction.
(7) Develop and issue guidelines for the
				  conduct of agency equal employment opportunity programs and the review of equal
				  employment opportunity plans prior to implementation.
(8) Design and implement monitoring and
				  reporting systems to measure the effectiveness of agency equal employment
				  opportunity programs.
(9) Consult
				  with agency officials regarding personnel actions implicating equal employment
				  opportunity, including recruitment, hiring, promotion, demotion, separation,
				  transfer, performance standards and evaluation, and rate of pay.
(10) Provide leadership to agencies in the
				  design and implementation of innovative equal employment opportunity strategies
				  that will further the Commonwealth's commitment to equal employment
				  opportunity.
(11) Examine in
				  particular whether employees or applicants for employment experience workplace
				  challenges due to sexual orientation and/or gender identity or expression and
				  identify ways to minimize any the challenges.
(12) Evaluate the Commonwealth's hiring and
				  job retention practices to ensure compliance with this subchapter.
(13) Coordinate, as needed, with the Bureau
				  of Diversity, Inclusion and Small Business Opportunities within the Department
				  of General Services to ascertain how equal employment opportunity best
				  practices can promote diversity, inclusion and fairness in Commonwealth
				  contracting.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter GGG - EQUAL EMPLOYMENT OPPORTUNITY › Section 1.864 - Cooperation by Commonwealth agencies

Current through Register Vol. 54, No. 28, July 13, 2024
Agency heads and agencies, boards and commissions under the
					 Governor's jurisdiction shall work cooperatively with the Governor's Office of
					 Administration and its Bureau of Workforce Planning, Development and Equal
					 Employment Opportunity to fulfill the demands of this subchapter. Independent
					 agencies, State-affiliated entities and State-related agencies are strongly
					 encouraged to join with the Governor's Office of Administration to adopt,
					 refine and implement similar practices and procedures to support greater
					 diversity, inclusion and fairness in employment opportunities within their
					 workforce.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter GGG - EQUAL EMPLOYMENT OPPORTUNITY › Section 1.865 - General provisions

Current through Register Vol. 54, No. 28, July 13, 2024
Nothing in this subchapter shall be construed to impair or
					 otherwise affect the authority granted by law to an executive department,
					 agency or the head thereof. This subchapter is not intended to, and does not,
					 create any right or benefit, substantive or procedural, enforceable at law or
					 in equity by any party against the Commonwealth, its departments, agencies or
					 entities, its officers, employees or agents, or any other
					 person.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter HHH - CONTRACT COMPLIANCE PROGRAM › Section 1.871 - Establishment of contract compliance program

Current through Register Vol. 54, No. 28, July 13, 2024
Commonwealth agencies shall establish, implement and
					 maintain contract compliance programs to ensure that Commonwealth contracts and
					 grants are nondiscriminatory in three aspects:
(1) Nondiscrimination in the award of
				  Commonwealth contracts and grants.
(2) Nondiscrimination by those who are
				  awarded Commonwealth contracts and grants in the hiring and treatment of their
				  employees and in the provision of services to their clients and service
				  recipients.
(3) Nondiscrimination
				  by those who are awarded Commonwealth contracts and grants in their award of
				  subcontracts and supply contracts for performance under Commonwealth
				  contracts.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter HHH - CONTRACT COMPLIANCE PROGRAM › Section 1.872 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and phrases when used in this
					 subchapter have, unless otherwise defined by Commonwealth State law or the
					 context clearly indicates otherwise, or both, the following meanings
					 given:
Gender expression
-The external
					 manifestations of gender, expressed through a person's name, pronouns,
					 clothing, haircut, behavior, voice and/or body characteristics.
Gender identity
-A person's internal,
					 deeply held sense of their gender, regardless of their biological sex and/or
					 the sex they were assigned at birth.
Protected labor activities
-Labor
					 activities protected under the Public Employe Relations Act (43 P.S. §
											§
											1101.101-1101.2301), Pennsylvania
					 Labor Relations Act (43 P.S. §
											§
											211.1-211.13) or National Labor Relations Act
					 (29 U.S.C.A. §
											§
											151-169), as applicable and to the
					 extent determined by entities charged with these acts' enforcement.
Sexual orientation
-An individual's
					 enduring physical, romantic and/or emotional attraction to members of the same
					 or opposite sex, including lesbian, gay, bisexual and heterosexual (straight)
					 orientations, or lack thereof, including asexual orientation.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter HHH - CONTRACT COMPLIANCE PROGRAM › Section 1.873 - Responsibilities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department
				  of General Services (Department) shall:
(1)
				  Develop standards for a uniform Statewide contract compliance program that
				  ensures nondiscrimination by Commonwealth contractors and grantees.
(2) Review agency contract compliance
				  programs, plans, reports and procedures to ensure consistency with the
				  Department contract compliance policies.
(3) Develop and implement monitoring and
				  reporting systems to measure the effectiveness of agency contract compliance
				  programs.
(4) Provide leadership
				  and training to agencies and assist them in conducting contract compliance
				  program audits such as periodic onsite reviews.
(5) Investigate and make reports relating to
				  the administration of contracting programs and operations.
(6) Require contractors and grantees to
				  agree, as a condition in their contracts or agreements with the Commonwealth,
				  not to discriminate in the award of subcontracts or supply contracts or in
				  hiring, promotion or other labor matters on the basis of race, gender, creed,
				  color, sexual orientation, gender identity or expression, or participation or
				  decision to refrain from participation in protected labor activities.
(7) Ensure that contractors and grantees
				  receiving Commonwealth funds have, as a condition of payment or funding, a
				  written sexual harassment policy and that employees of the contractor or
				  grantee are aware of the policy.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter HHH - CONTRACT COMPLIANCE PROGRAM › Section 1.874 - Cooperation by Commonwealth agencies

Current through Register Vol. 54, No. 28, July 13, 2024
Agency heads and agencies, boards and commissions under the
					 Governor's jurisdiction shall work cooperatively with the Department of General
					 Services (Department) to fulfill the demands of this subchapter. Independent
					 agencies, State-affiliated entities and State-related agencies are strongly
					 encouraged to work with the Department to adopt, refine and implement similar
					 procurement practices and procedures to support greater diversity, inclusion
					 and fairness in the contracting process.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter HHH - CONTRACT COMPLIANCE PROGRAM › Section 1.875 - General provisions

Current through Register Vol. 54, No. 28, July 13, 2024
Nothing in this subchapter shall be construed to impair or
					 otherwise affect the authority granted by law to an executive department,
					 agency or the head thereof. This subchapter is not intended to, and does not,
					 create any right or benefit, substantive or procedural, enforceable at law or
					 in equity by any party against the Commonwealth, its departments, agencies or
					 entities, its officers, employees or agents, or any other
					 person.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter HHH - CONTRACT COMPLIANCE PROGRAM › Section 1.876 - Rescission

Current through Register Vol. 54, No. 28, July 13, 2024
Executive Order 2006-02, Contract Compliance, was rescinded
					 April 6, 2016.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter III - OFFICE OF INTERGOVERNMENTAL AFFAIRS › Section 1.881 - Primary duties and responsibilities

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Intergovernmental cooperation and coordination.
The Office of
				  Intergovernmental Affairs (Office) shall:
(1)
				  Coordinate interactions between the Commonwealth and Federal, State, county and
				  local governments to inform the work of the Governor regarding
				  intergovernmental issues.
(2) Act
				  as the liaison between the Governor's regional offices, State agencies, county
				  governments and local governments to improve coordination and interactions
				  across all levels of government in this Commonwealth.
(3) Build new and maintain current
				  relationships across county and local governments to better understand the
				  opportunities within their communities and to better coordinate the engagement
				  of intergovernmental assets.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter III - OFFICE OF INTERGOVERNMENTAL AFFAIRS › Section 1.882 - Secretary

Current through Register Vol. 54, No. 28, July 13, 2024
The Governor will appoint a Secretary of the Office of
					 Intergovernmental Affairs (Office) who shall determine the staffing
					 requirements of the Office in accordance with policies of the Office of
					 Administration and the Office of the Budget.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter III - OFFICE OF INTERGOVERNMENTAL AFFAIRS › Section 1.883 - Other offices within the Office of the Governor replaced

Current through Register Vol. 54, No. 28, July 13, 2024
The Offices of Public Liaison, Constituent Services, and
					 Government Affairs and Outreach within the Office of the Governor are replaced
					 by the Office of Intergovernmental Affairs.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter III - OFFICE OF INTERGOVERNMENTAL AFFAIRS › Section 1.884 - General provisions

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter will be implemented consistent with
					 applicable law. This subchapter is not intended to, and does not create, any
					 right or benefit, substantive or procedural, enforceable at law or in equity by
					 any party against the Commonwealth, its departments or agencies, or entities,
					 its officers, employees or agents, or any other person.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter KKK - EQUAL PAY FOR EMPLOYEES OF THE COMMONWEALTH › Section 1.901 - Hiring process

Current through Register Vol. 54, No. 28, July 13, 2024
Commonwealth agencies under the Governor's jurisdiction may
					 not inquire about a job applicant's current compensation or compensation
					 history at any stage during the hiring process.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter KKK - EQUAL PAY FOR EMPLOYEES OF THE COMMONWEALTH › Section 1.902 - Salary negotiation

Current through Register Vol. 54, No. 28, July 13, 2024
An applicant is not prevented from volunteering information
					 about current compensation level or salary history in negotiating a salary.
					 However, no Commonwealth agency can request that an applicant disclose current
					 salary or salary history information. In addition, applicants can refuse to
					 disclose current compensation level or history, or both, without negative
					 repercussions by the Commonwealth agency in its employment
					 decisions.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter KKK - EQUAL PAY FOR EMPLOYEES OF THE COMMONWEALTH › Section 1.903 - Compensation decisions

Current through Register Vol. 54, No. 28, July 13, 2024
Commonwealth agency compensation decisions for positions
					 will be governed primarily by job responsibilities and the position's range of
					 compensation as well as the applicant's knowledge, skills, competencies,
					 experience, compensation requests or other bona fide factor other than sex,
					 except when compensation is based on:
(1) A collective bargaining
				  agreement.
(2) A seniority
				  system.
(3) A system of merit pay
				  increases.
(4) A system which
				  measures earnings by quantity or quality of production, sales goals and
				  incentives.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter KKK - EQUAL PAY FOR EMPLOYEES OF THE COMMONWEALTH › Section 1.904 - Position postings

Current through Register Vol. 54, No. 28, July 13, 2024
All Commonwealth position postings will clearly disclose a
					 job position's pay scale and pay range. The Commonwealth will disclose on the
					 employment web site that the applicant is not required to furnish current
					 compensation or prior compensation at any stage during the hiring
					 process.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter KKK - EQUAL PAY FOR EMPLOYEES OF THE COMMONWEALTH › Section 1.905 - Office of Administration

Current through Register Vol. 54, No. 28, July 13, 2024
The Office of Administration shall oversee implementation
					 of this subchapter.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter KKK - EQUAL PAY FOR EMPLOYEES OF THE COMMONWEALTH › Section 1.906 - Application

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Nothing in this
				  subchapter shall be construed to contravene or supersede the following:
(1) Any State or Federal law or collective
				  bargaining agreement.
(2) Any
				  policy establishing pay scales or ranges for classes of employment.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter KKK - EQUAL PAY FOR EMPLOYEES OF THE COMMONWEALTH › Section 1.907 - Implementation

Current through Register Vol. 54, No. 28, July 13, 2024
All Commonwealth agencies under the jurisdiction of the
					 Governor shall take all steps necessary to implement this subchapter.
					 Independent agencies, State-affiliated entities and State-related institutions
					 are also strongly encouraged to implement this subchapter.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter LLL - OFFICE OF STATE INSPECTOR GENERAL › Section 1.911 - Purpose of the Office of State Inspector General

Current through Register Vol. 54, No. 28, July 13, 2024
(a) To deter, detect, prevent and eradicate
				  fraud, waste, misconduct and abuse in the programs, operations and contracting
				  of executive agencies as provided in the Act of July 20, 2017 (
				  P.L.
				  328, No. 29) (Act 29 of 2017) (71 P.S. §
											§
											211-219).
(b) To keep the heads of executive agencies
				  and the Governor fully informed about problems and deficiencies relating to the
				  administration of programs, operations and contracting in executive
				  agencies.
(c) To report to,
				  coordinate and cooperate with the General Counsel as provided in Act 29 of 2017
				  and this subchapter.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter LLL - OFFICE OF STATE INSPECTOR GENERAL › Section 1.912 - Duties and responsibilities

Current through Register Vol. 54, No. 28, July 13, 2024
It shall be the duty and responsibility of the Office of
					 State Inspector General to:
(a)
				  Inspect, evaluate, investigate and review activities, records and individuals
				  with contracts, procurements, grants, agreements and other financial
				  arrangements undertaken by executive agencies for the purpose of identifying
				  fraud, waste, misconduct or abuse.
(b) Conduct investigative activities
				  concerning alleged abuses, frauds and service deficiencies in programs or
				  operations, including in the operation and maintenance of facilities, of
				  executive agencies.
(c) Report
				  expeditiously to and cooperate fully with the General Counsel. It shall be the
				  General Counsel's duty to direct and appoint the Chief Counsel for the Office
				  of the State Inspector General. The protocol for reporting all matters
				  encompassed in this section to the Office of General Counsel will be
				  established by the General Counsel.
(d) Immediately refer a matter to the General
				  Counsel whenever the Office of State Inspector General has reasonable grounds
				  to believe that there has been a violation of criminal law or that a civil
				  action should be initiated by the Commonwealth, except for those violations of
				  criminal law specifically noted in section 506-A of the Act of July 20, 2017 (
				  P.L.
				  328, No. 29) (71 P.S. §
											216). The General Counsel shall be
				  responsible for referring matters to the appropriate executive agency or
				  agencies for criminal prosecution or civil litigation.
(e) Refer matters to the heads of executive
				  agencies whenever the Office of State Inspector General determines that
				  disciplinary or other administrative action is appropriate.
(f) Consult with executive agencies in the
				  development of terms and conditions of contracts, grants and other agreements;
				  and at the direction of the Governor or General Counsel, inspect all records
				  and information in possession, custody or control of any person, association,
				  corporation or public agency that is a party to a contract, grant or other
				  agreement with an executive agency, or a party to any subcontract, subgrant or
				  other agreement subordinate to an agreement with an executive agency, for the
				  purposes of carrying out the duties and responsibilities of the Office of State
				  Inspector General under this subchapter.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter LLL - OFFICE OF STATE INSPECTOR GENERAL › Section 1.913 - General provisions

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter shall be implemented consistent with
					 applicable law. This subchapter is not intended to, and does not create, any
					 right or benefit, substantive or procedural, enforceable at law or in equity by
					 any party against the Commonwealth, its departments, agencies or entities, its
					 officers, employees or agents, or any other person.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter LLL - OFFICE OF STATE INSPECTOR GENERAL › Section 1.915 - Rescission

Current through Register Vol. 54, No. 28, July 13, 2024
Effective immediately, Executive Order 1987-7 is hereby
					 rescinded.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter MMM - IMPROVING STATE GOVERNMENT › Section 1.921 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this
					 subchapter, have the following meanings, unless the context clearly indicates
					 otherwise:
Agency
-A Commonwealth agency under the
					 Governor-s jurisdiction.
CDFI
-Community development financial
					 institutions.
CODE PA
-The Commonwealth Office of Digital
					 Experience.
DCED
-The Department of Community and
					 Economic Development of the Commonwealth.
DGS
-The Department of General Services of
					 the Commonwealth.
DOT
-The Department of Transportation of
					 the Commonwealth.
PACIP
-The Pennsylvania Advisory Council
					 for Inclusive Procurement.
SBR
-Small business reserve.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter MMM - IMPROVING STATE GOVERNMENT › Section 1.923 - Pennsylvania Advisory Council for Inclusive Procurement

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Establishment.
There is
				  hereby established the Pennsylvania Advisory Council for Inclusive Procurement
				  to advise the Governor-s Office and agencies on ways to improve contracting
				  opportunities in this Commonwealth.
(b)
Membership.
(1) The PACIP shall be chaired by the
				  Lieutenant Governor, with the Secretary of General Services and the Secretary
				  of Transportation serving as co-vice chairpersons.
(2) The Secretary of Community and Economic
				  Development, Secretary of Labor and Industry and the Secretary of Banking and
				  Securities shall be members of the PACIP.
(3) Additional PACIP members shall be
				  appointed to a 2-year rotating term by the Governor and shall serve at his
				  pleasure. These additional PACIP members may be recommended to the Governor by
				  the chairperson and co-vice chairpersons and shall be comprised of small
				  diverse business stakeholders.
(4)
				  Members of the PACIP shall receive no compensation for their service on the
				  PACIP.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter MMM - IMPROVING STATE GOVERNMENT › Section 1.924 - Interagency workgroup

Current through Register Vol. 54, No. 28, July 13, 2024
The Secretary of General Services and the Secretary of
					 Transportation shall designate employees of their departments to serve on an
					 interagency workgroup to execute and report on the responsibilities set forth
					 in §
										1.922(c) (relating
					 to responsibilities). The Lieutenant Governor shall work with the Secretary of
					 General Services and the Secretary of Transportation to determine the reporting
					 mechanisms of the interagency workgroup to the PACIP, including the content,
					 frequency and format of its reporting.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter MMM - IMPROVING STATE GOVERNMENT › Section 1.925 - Implementation

Current through Register Vol. 54, No. 28, July 13, 2024
Agencies shall take all steps necessary to implement this
					 subchapter. This subchapter shall be implemented consistent with applicable
					 law. This subchapter is not intended to, and does not create, any right or
					 benefit, substantive or procedural, enforceable at law or in equity by any
					 party against the Commonwealth, its departments, agencies or entities, its
					 officers, employees or agents, or any other persons. Independent agencies are
					 also strongly encouraged to participate.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter MMM - IMPROVING STATE GOVERNMENT › Section 1.926 - Effective date

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter shall take effect immediately and shall
					 remain in effect until Adopted or rescinded by the Governor.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter MMM - IMPROVING STATE GOVERNMENT › Section 1.927 - Rescission

Current through Register Vol. 54, No. 28, July 13, 2024
Effective immediately, Executive Order 2015-11-Diversity,
					 Inclusion and Small Business Opportunities in Commonwealth Procurement and in
					 Pennsylvania-s Economy, dated September 23, 2015, is hereby rescinded.
4 Pa. Code Chapter 1, Subchapter DDD, §§
												1.831-1.834, which is the codification of
						Executive Order 2015-11, is reserved as a result of the rescission of Executive
						Order 2015-11 under § 1.927.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter NNN - HIRE, IMPROVE, RECRUIT, EMPOWER COMMITTEE › Section 1.931 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise:
CODE PA
-The Commonwealth Office of Digital
					 Experience.
HIRE Committee
-The Hire, Improve, Recruit,
					 Empower Committee.
OA
-The Office of Administration of the
					 Commonwealth.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter NNN - HIRE, IMPROVE, RECRUIT, EMPOWER COMMITTEE › Section 1.932 - HIRE Committee

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Membership.
The HIRE Committee shall consist of the following
				  11 members, who shall serve by virtue of their public position and at the
				  pleasure of the Governor:
(1) Secretary of
				  Administration or the Secretary's designee. The Secretary of Administration
				  shall serve as the Committee's Chair.
(2) Governor's Chief of Staff or the Chief of
				  Staff's designee.
(3) Governor's
				  Secretary of Policy and Planning or the Secretary's designee.
(4) Governor's Director of External Affairs
				  or the Director's designee.
(5)
				  Secretary of General Services or the Secretary's designee.
(6) Secretary of Corrections or the
				  Secretary's designee.
(7) Adjutant
				  General or the Adjutant General's designee.
(8) Deputy Secretary for Human Resources and
				  Management or the Deputy Secretary's designee.
(9) Executive Director of the Office of
				  Vocational Rehabilitation, Department of Labor and Industry or the Executive
				  Director's designee.
(10) Chief
				  Diversity Officer.
(11) Chief
				  Accessibility Officer.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter NNN - HIRE, IMPROVE, RECRUIT, EMPOWER COMMITTEE › Section 1.933 - Responsibilities of the OA

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The OA
				  shall:
(1) Pursue implementation of a pilot
				  program to create financial incentives for Commonwealth employees who work in
				  identified positions and can demonstrate a foreign language proficiency that
				  the agency has determined is necessary to deliver more effective Commonwealth
				  services.
(2) Develop and maintain
				  an active list of hard-to-fill jobs and manage interagency progress to
				  creatively recruit for those positions.
(3) Require the OA's Bureau of Enterprise
				  Recruitment to expand career internship, apprenticeship and fellowship
				  opportunities to recruit and foster meaningful career development opportunities
				  for Commonwealth employees to help build a pipeline of future Commonwealth
				  leaders.
(4) Affirm that the
				  Commonwealth can hire non-United States citizens if they are legally authorized
				  to work in the United States.
(5)
				  Study the evolving needs of Commonwealth employees and their families with the
				  goal of ensuring Commonwealth policies and benefits provide meaningful support
				  in a fiscally responsible manner.
(6) Provide employees notice that they may
				  utilize their allotted sick leave for purposes of addressing and prioritizing
				  their mental health and well-being in a manner consistent with collective
				  bargaining agreements and existing laws and policies.
(7) Continue to develop strategies to enhance
				  language access for individuals with limited English proficiency and increase
				  digital accessibility by continuing the development of language access plans in
				  agencies under the Governor's jurisdiction.
(8) Continue to direct CODE PA and the Chief
				  Accessibility Officer to spearhead digital accessibility efforts to ensure
				  individuals with disabilities may seamlessly and securely access the
				  Commonwealth's online programs and services.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter NNN - HIRE, IMPROVE, RECRUIT, EMPOWER COMMITTEE › Section 1.934 - Implementation

Current through Register Vol. 54, No. 28, July 13, 2024
Agencies shall take the necessary steps to implement this
					 subchapter. This subchapter shall be implemented consistent with applicable
					 law. This subchapter is not intended to, and does not create, any right or
					 benefit, substantive or procedural, enforceable at law or in equity by any
					 party against the Commonwealth, its departments, agencies or entities, its
					 officers, employees or agents or any other persons. Independent agencies are
					 also strongly encouraged to participate.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter NNN - HIRE, IMPROVE, RECRUIT, EMPOWER COMMITTEE › Section 1.935 - Effective date

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter shall take effect immediately and shall
					 remain in effect until amended or rescinded by the Governor.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter NNN - HIRE, IMPROVE, RECRUIT, EMPOWER COMMITTEE › Section 1.936 - Rescission

Current through Register Vol. 54, No. 28, July 13, 2024
Effective immediately, Executive Order 2008-06 as amended,
					 Office of Diversity Management, is rescinded.
4 Pa. Code Chapter 1, Subchapter RR, §§
												1.521-1.525, which is the codification of
						Executive Order 2008-06 as amended, is reserved as a result of the rescission
						of Executive Order 2008-06 as amended under § 1.936.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 2 - OFFICES OF ADMINISTRATION AND THE BUDGET › Subchapter A - SUBMISSION AND CONSIDERATION OF APPLICATIONS FOR AWARDS OF FEES AND EXPENSES › GENERAL PROVISIONS › Section 2.1 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
The act provides for the award of fees and other expenses
						to eligible individuals and entities who are parties to certain administrative
						proceedings initiated by Commonwealth agencies. An eligible party may receive
						an award, except as otherwise provided or prohibited by law, when it prevails
						over an agency, unless the agency's position in the proceeding was
						substantially justified or special circumstances make an award unjust. This
						subchapter describes how to apply for awards and the procedures for initiating
						payment. The guidelines and standard procedures contained in this subchapter
						are to apply unless specifically modified by an agency in accordance with
						§
											2.9 (relating to agency
						rules).
This section citied in 4 Pa. Code §
													2.11 (relating to statements of
						  policy).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 2 - OFFICES OF ADMINISTRATION AND THE BUDGET › Subchapter A - SUBMISSION AND CONSIDERATION OF APPLICATIONS FOR AWARDS OF FEES AND EXPENSES › GENERAL PROVISIONS › Section 2.2 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this
						subchapter, have the following meanings, unless the context clearly indicates
						otherwise:
Act
-Act of December 13, 1982 (
						P. L.
						1127, No. 257) (71 P. S. §
												§
												2031-2035).
Adjudication
-A final order, decree,
						decision, determination or ruling by an agency affecting personal or property
						rights, privileges, immunities, duties, liabilities or obligations of any or
						all of the parties to the proceeding in which the adjudication is made. The
						term does not include an order based upon a proceeding before a court or which
						involves the seizure or forfeiture of property, paroles, pardons or releases
						from mental institutions.
Agency
-A government agency.
Applicant
-The prevailing party seeking
						an award of fees and expenses.
Employe
-An individual whom a party has
						the right to hire, the power to discharge and the right to direct work to be
						performed and the manner in which the work is to be performed.
Party
-An individual, partnership,
						corporation, association, private organization or public organization except an
						agency, which appears in a proceeding before an agency that has a direct
						interest in the subject matter of the proceeding. The term does not include the
						following:
(i) An individual whose net
					 worth exceeded $500,000 at the time the adversary adjudication was initiated
					 and a sole owner of an unincorporated business, or a partnership, corporation,
					 association or organization whose net worth exceeded $2 million at the time the
					 adversary adjudication was initiated.
(ii) A sole owner of an unincorporated
					 business, or a partnership, corporation, association or organization having
					 more than 250 employes at the time the adversary adjudication was
					 initiated.
(iii) A party
					 represented by counsel paid, directly or indirectly, in whole or in part, by an
					 appropriation, grant, subsidy or loan made by the State, local or Federal
					 government.
This section cited in 4 Pa. Code §
													2.11 (relating to statements of
						  policy).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 2 - OFFICES OF ADMINISTRATION AND THE BUDGET › Subchapter A - SUBMISSION AND CONSIDERATION OF APPLICATIONS FOR AWARDS OF FEES AND EXPENSES › GENERAL PROVISIONS › Section 2.3 - Effective date and termination

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This
					 subchapter is effective for proceedings begun on or after July 1,
					 1983.
(b) This subchapter expires
					 July 1, 1997.
This section cited in 4 Pa. Code §
													2.11 (relating to statements of
						  policy).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 2 - OFFICES OF ADMINISTRATION AND THE BUDGET › Subchapter A - SUBMISSION AND CONSIDERATION OF APPLICATIONS FOR AWARDS OF FEES AND EXPENSES › GENERAL PROVISIONS › Section 2.4 - Applicability to Commonwealth agencies

Current through Register Vol. 54, No. 28, July 13, 2024
Every executive and independent Commonwealth agency, as
						defined in the act, the Auditor General, the State Treasurer and the
						Pennsylvania Public Utility Commission are subject to this
						subchapter.
This section cited in 4 Pa. Code §
													2.11 (relating to statements of
						  policy).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 2 - OFFICES OF ADMINISTRATION AND THE BUDGET › Subchapter A - SUBMISSION AND CONSIDERATION OF APPLICATIONS FOR AWARDS OF FEES AND EXPENSES › GENERAL PROVISIONS › Section 2.5 - Awards of fees and expenses

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 Commonwealth agency that initiates an adversary adjudication will award to a
					 prevailing party, other than the Commonwealth, fees and other expenses incurred
					 by that party in connection with that proceeding, unless the adjudicative
					 officer finds that the position of the agency, as a party to the proceeding,
					 was substantially justified or that special circumstances make an award unjust.
					 This subchapter shall not apply if otherwise provided or prohibited by
					 law.
(b) An attorney, agent or
					 expert witness whose fee is in dispute may be required by the adjudicative
					 officer to produce detailed contemporaneous records verifying the actual time
					 spent on behalf of the prevailing party. The inability of an attorney, agent or
					 expert witness to produce the records may be considered by the adjudicative
					 officer as a basis for reducing the amount of fees and expenses sought for that
					 attorney, agent or expert witness.
This section cited in 4 Pa. Code §
													2.11 (relating to statements of
						  policy).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 2 - OFFICES OF ADMINISTRATION AND THE BUDGET › Subchapter A - SUBMISSION AND CONSIDERATION OF APPLICATIONS FOR AWARDS OF FEES AND EXPENSES › GENERAL PROVISIONS › Section 2.6 - Eligibility

Current through Register Vol. 54, No. 28, July 13, 2024
(a) To be eligible
					 for an award of fees and expenses under the act, an applicant shall be a party,
					 as defined in the act; shall prevail over the Commonwealth agency initiating
					 the adversary adjudication; shall allege that the position of the Commonwealth
					 agency was not substantially justified; and shall meet the conditions set forth
					 in the act.
(b) The applicant shall
					 provide the information required by this subchapter and by the Application for
					 Award of Adjudicative Fees and Expenses.
(c) Each applicant shall provide a statement
					 showing the net worth of the applicant. The statement may be in any form
					 convenient to the applicant that provides full disclosure of assets and
					 liabilities and is sufficient to determine eligibility under this subchapter.
					 The net worth statement shall be made available only to the adjudicative
					 officer and the Commonwealth agency except when an appeal is taken, in which
					 case the net worth statement shall be included in the record of the proceeding
					 in which an award is sought.
(d)
					 For purposes of eligibility, the net worth and number of employes of an
					 applicant will be determined as of the date the proceeding was
					 initiated.
This section cited in 4 Pa. Code §
													2.11 (relating to statements of
						  policy).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 2 - OFFICES OF ADMINISTRATION AND THE BUDGET › Subchapter A - SUBMISSION AND CONSIDERATION OF APPLICATIONS FOR AWARDS OF FEES AND EXPENSES › GENERAL PROVISIONS › Section 2.7 - Application and other forms

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Application forms will be available, insofar as possible, from adjudicative
					 officers. The form will also be published in the
Pennsylvania
					 Bulletin
as a notice. The application must be completed by the
					 prevailing party and submitted to the adjudicative officer as prescribed in the
					 act. The prevailing party, at the same time, shall send an additional copy of
					 the application to the chief counsel of the Commonwealth agency that initiated
					 the proceeding. The form shall be signed by the applicant attesting to his
					 eligibility to submit an application.
(b) A statement of net worth must be attached
					 to the application. The applicant may also include any other documents that the
					 applicant wishes the adjudicative officer to consider in determining whether
					 and in what amount an award should be made.
(c) Upon determination of an award the
					 adjudicative officer must complete an Award of Adjudicative Fees and Expenses
					 form and submit it to the agency's chief counsel. A copy of this form will be
					 forwarded to the applicant as notification of the finding of the adjudicative
					 officer.
(d) The Award of
					 Adjudicative Fees and Expenses form must be signed by the applicant and
					 returned to the chief counsel of the agency as notification of acceptance or
					 nonacceptance of the award.
(e)
					 Upon receipt of an Award of Adjudicative Fees and Expenses form signed by the
					 applicant accepting an award, or upon completion of an appeal resulting in an
					 award, the chief counsel shall sign and forward the acceptance form to the
					 agency fiscal officer for submission to the agency comptroller for encumbrance
					 and payment.
This section cited in 4 Pa. Code §
													2.11 (relating to statements of
						  policy).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 2 - OFFICES OF ADMINISTRATION AND THE BUDGET › Subchapter A - SUBMISSION AND CONSIDERATION OF APPLICATIONS FOR AWARDS OF FEES AND EXPENSES › GENERAL PROVISIONS › Section 2.8 - Records

Current through Register Vol. 54, No. 28, July 13, 2024
A completed set of application and other forms, with
						attachments, shall be maintained by the chief counsel of the Commonwealth
						agency involved in the proceeding. The chief counsel shall provide a complete
						set to the agency fiscal officer when an award is to be paid.
This section cited in 4 Pa. Code §
													2.11 (relating to statements of
						  policy).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 2 - OFFICES OF ADMINISTRATION AND THE BUDGET › Subchapter A - SUBMISSION AND CONSIDERATION OF APPLICATIONS FOR AWARDS OF FEES AND EXPENSES › GENERAL PROVISIONS › Section 2.9 - Agency rules

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Section
					 4(b) of the act (71 P. S. §
												2034(b)) requires that
					 "after consultation with the Secretary of Budget and Administration, each
					 agency shall by rule establish specific procedures for the submission and
					 consideration of applications for an award of fees and other expenses for
					 adjudicative proceedings before the agency, or may adopt the uniform procedures
					 recommended by the Secretary." Consultation with the Secretary of Budget and
					 Administration will be as delegated by the Secretary of Administration and the
					 Secretary of the Budget.
(b) To
					 avoid the need for each agency to promulgate its own regulation to either adopt
					 or modify the standard procedures in this subchapter, adoptions will be
					 published as amendments to this section. Each agency is to notify the Secretary
					 of Administration of its willingness to adopt the procedures in this
					 subchapter.
(c) Under subsections
					 (a) and (b), the following agencies have adopted the uniform procedures in this
					 subchapter:
Aging, Department of
Agriculture, Department of (includes Harness and Horse
						Racing Commissions)
Arbitration Panels for Health Care
Banking, Department of
Commerce, Department of
Community Affairs, Department of
Corrections, Department of
Crime and Delinquency, Commission on
Education, Department of
Emergency Management Agency, Pennsylvania
General Services, Department of
Health, Department of
Health Facility Hearing Board, State
Higher Education Assistance Agency
Housing Finance Agency
Insurance Department
Labor and Industry, Department of
Liquor Control Board
Medical Professional Liability Catastrophe Loss
						Fund
Military Affairs, Department of
Municipal Retirement Board, Pennsylvania
Pardons, Board of
Public Welfare, Department of
Revenue, Department of
School Employes' Retirement System, Pennsylvania
State, Department of
State Employes' Retirement System
State Police
State System of Higher Education
Transportation, Department of
Subsection (c) appears under the Rules and Regulations
						  heading as a document which the Legislative Reference Bureau finds to be
						  general and permanent in nature and therefore a document to be codified. See 1
						  Pa. Code §
													§
													3.1 and
						  3.25 (relating to contents of
Pennsylvania Code
and rules and regulations).
This section cited in 4 Pa. Code §
													2.1 (relating to purpose); and 4
						  Pa. Code §
													2.11 (relating to statements of
						  policy).