reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 7 - MISCELLANEOUS PROVISIONS › Subchapter K - CODE OF CONDUCT FOR APPOINTED OFFICIALS AND STATE EMPLOYEES › CRIMINAL CHARGES › Section 7.172 - 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:
Agency
-Departments, boards, commissions
						and other government units under the Governor's jurisdiction.
Criminal conduct related to his employment with
						the Commonwealth
- Conduct by an employe in violation of a criminal law
						arising in the course of or from the performance of an official duty or
						function; including, but not limited to, violations of law constituting
						misfeasance or malfeasance in office.
Employee
-Individuals employed by, or
						appointed to serve on, an agency, board, commission or department of the
						Commonwealth. The term employe does not include those individuals who are
						members of the Pennsylvania National Guard who are not otherwise employed by
						the Commonwealth.
Formally charged with criminal
						conduct
-An employe shall be deemed to be formally charged with
						criminal conduct when he has been arrested or named as a defendant in an
						indictment or information or, in the case of a private complaint, the complaint
						has been approved by the prosecuting authority.
Sufficient reason for disciplinary
						action
-Shall be determined by the exercise of discretion of the head
						of the agency which employs the person, or his designee; except that, to the
						extent required by statute or contract, for those employes within the
						classified service or those employes covered by provisions of a collective
						bargaining agreement, sufficient reason for disciplinary action means "just
						cause."
This section cited in 4 Pa. Code §
													7.171 (relating to procedures); and
						  4 Pa. Code §
													39.12 (relating to criminal
						  cases).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 7 - MISCELLANEOUS PROVISIONS › Subchapter K - CODE OF CONDUCT FOR APPOINTED OFFICIALS AND STATE EMPLOYEES › CRIMINAL CHARGES › Section 7.173 - Required action when an employe is formally charged with criminal conduct related to his employment with the Commonwealth or which constitutes a felony

Current through Register Vol. 54, No. 28, July 13, 2024
As soon as practicable after an employe has been formally
						charged with criminal conduct related to his employment with the Commonwealth
						or which constitutes a felony, the employe shall be suspended without pay. If
						the charge results in conviction in a court of law, the employe shall be
						terminated.
This section cited in 4 Pa. Code §
													7.171 (relating to procedures); and
						  4 Pa. Code §
													39.12 (relating to criminal
						  cases).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 7 - MISCELLANEOUS PROVISIONS › Subchapter K - CODE OF CONDUCT FOR APPOINTED OFFICIALS AND STATE EMPLOYEES › CRIMINAL CHARGES › Section 7.174 - Required action when an employe is formally charged with criminal conduct other than a felony and not related to his employment with the Commonwealth

Current through Register Vol. 54, No. 28, July 13, 2024
As soon as practicable after an employe is formally
						charged with criminal conduct other than a felony and not related to his
						employment with the Commonwealth, the head of the agency which employs the
						person or his designee, shall conduct an inquiry and make a preliminary
						determination as to whether or not the employe should continue to perform his
						duties pending the outcome of the investigation and final determination under
						§
											§
											7.175 and
						7.176 (relating to investigation;
						and final determination).
(1)
Purpose.
The purpose of the preliminary determination is to
					 allow the agency to minimize the effect which the accusation of the commission
					 of a crime by one of its employes may have upon the agency's ability to
					 function pending an investigation and final determination by the appointed
					 authority or his designee as to the existence of sufficient reason for
					 disciplinary action against the employe.
(2)
Making the preliminary
					 determination.
In making a preliminary determination, the agency head
					 or his designee shall select one of the three following alternatives and
					 implement it as regards the employe:
(i)
					 Allow the employe to continue to perform duties pending the outcome of the
					 investigation and final determination.
(ii) Reassign the employe to other, less
					 sensitive duties within the agency pending the outcome of the investigation and
					 final determination.
(iii) Suspend
					 the employe without pay pending the outcome of the investigation and final
					 determination.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 7 - MISCELLANEOUS PROVISIONS › Subchapter K - CODE OF CONDUCT FOR APPOINTED OFFICIALS AND STATE EMPLOYEES › CRIMINAL CHARGES › Section 7.175 - Investigation

Current through Register Vol. 54, No. 28, July 13, 2024
An employe formally charged with criminal conduct, as
						referred to in §
											7.174 (relating to required action
						when an employe is formally charged with criminal conduct other than a felony
						and not related to his employment with the Commonwealth), shall be subject to
						an immediate investigation conducted by the agency head or his designee.
(1)
Purpose.
The purpose of
					 the investigation shall be to determine whether sufficient reason exists for
					 disciplinary action including, but not limited to, suspension without pay,
					 demotion or dismissal.
(2)
Conduct of investigation.
In the investigation, the relevant
					 facts shall be promptly gathered and considered. The agency's chief counsel may
					 assist the agency head or his designee in making the investigation. The
					 investigation shall be completed within 12 working days from the date on which
					 the Secretary of Administration is notified under §
											7.176 (relating to final
					 determination). An extension of this period may be granted only by the
					 Secretary of Administration, in writing, and only on a showing, in writing, by
					 the agency head or his designee of a conscientious effort to meet the deadline
					 and an explanation of the reasons why the deadline cannot be met. Only one
					 extension may be granted, which extension may not exceed 12 working days.
(i)
Law enforcement agencies.
In the investigation, the agency head or his designee may request the
					 assistance of a law enforcement agency involved in the matter; however, this
					 may not relieve the appointing authority or his designee of the responsibility
					 to make an independent evaluation.
(ii)
Employe contact.
In the
					 investigation, the agency head or his designee shall afford the employe an
					 opportunity to explain the accusations made against him, and the opportunity to
					 have representation during meetings which relate to the investigation, if
					 representation is requested, and the opportunity to submit additional
					 information the employe may wish to provide.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 7 - MISCELLANEOUS PROVISIONS › Subchapter K - CODE OF CONDUCT FOR APPOINTED OFFICIALS AND STATE EMPLOYEES › CRIMINAL CHARGES › Section 7.176 - Final determination

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 After completion of the investigation, the agency head shall have 5 working
					 days to make a final determination as to whether the results of the
					 investigation establish sufficient reason for disciplinary action and, if
					 established, what disciplinary action shall be taken. The Secretary of
					 Administration and the General Counsel shall review this decision and ratify
					 the decision of the agency head absent an abuse of discretion. An extension of
					 this period may be granted only by the General Counsel or his designee, in
					 writing, and only on a showing, in writing, by the agency head of a
					 conscientious effort to meet the deadline and an explanation of the reasons why
					 that deadline cannot be met. Only one extension may be granted, which extension
					 shall not exceed 5 working days.
(b) In determining whether sufficient reason
					 for disciplinary action exists, the agency head shall consider, among other
					 factors, all of the following:
(1) The
					 employe's explanation, if available.
(2) The extent to which allowing the employe
					 to continue in his position would be detrimental to the physical well-being of
					 the employe, his fellow workers or other persons.
(3) The nature of the employe's duties,
					 including the amount of discretion exercised as part of those duties.
(4) The nature, weight and source of the
					 accusations against him.
(5) The
					 relationship of the accusations to the employe's duties.
(6) The extent to which the employe deals
					 with the public.
(7) The extent to
					 which the accusations of wrongdoing may affect the public's trust and
					 confidence in the employe, the agency or State government.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 7 - MISCELLANEOUS PROVISIONS › Subchapter K - CODE OF CONDUCT FOR APPOINTED OFFICIALS AND STATE EMPLOYEES › CRIMINAL CHARGES › Section 7.177 - Notification of the Secretary of Administration

Current through Register Vol. 54, No. 28, July 13, 2024
When an employe has been charged with criminal conduct,
						the agency head or his designee shall immediately notify the Secretary of
						Administration of the name and position of the employe, the criminal charges
						against the employe, and of the initiation of any agency investigation. Action
						taken with regard to the employment status of the employe and the disposition
						of the criminal charges shall also be reported to the Secretary of
						Administration.
This section cited in 4 Pa. Code §
													7.171 (relating to
						  procedures).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 7 - MISCELLANEOUS PROVISIONS › Subchapter K - CODE OF CONDUCT FOR APPOINTED OFFICIALS AND STATE EMPLOYEES › CRIMINAL CHARGES › Section 7.178 - Criminal charges against the head of an agency

Current through Register Vol. 54, No. 28, July 13, 2024
Whenever a criminal charge involves the head of an
						agency, the steps set forth in this part shall be followed as in the case of
						any other agency employe or official, except that the determinations and
						actions required shall be performed by the Secretary of Administration and
						subject to review by the Governor and the General Counsel.
This section cited in 4 Pa. Code §
													7.171 (relating to procedures); and
						  4 Pa. Code §
													39.12 (relating to criminal
						  cases).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 7 - MISCELLANEOUS PROVISIONS › Subchapter K - CODE OF CONDUCT FOR APPOINTED OFFICIALS AND STATE EMPLOYEES › RESCISSIONS › Section 7.179 - Rescissions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Executive
					 Orders 1974-6 and 1978-7 are rescinded. This amended Order replaces Executive
					 Order 1980-18, dated September 3, 1980, and revised 1-9 thereto. Executive
					 Order 1980-18 Revision No. 2, date July 5, 2004, is rescinded.
(b) Executive Order 2015-01 is rescinded by
					 Executive Order 2023-04.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 7 - MISCELLANEOUS PROVISIONS › Subchapter M - SCHEDULING OF BOND AND NOTE ISSUE SALES › Section 7.181 - General

Current through Register Vol. 54, No. 28, July 13, 2024
The uncoordinated sale of bonds and notes by the
					 Commonwealth and its agencies, authorities and commissions may lead to
					 marketing conflicts between the various issuers. The conflicts may result in
					 increased interest costs to the Commonwealth.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 7 - MISCELLANEOUS PROVISIONS › Subchapter M - SCHEDULING OF BOND AND NOTE ISSUE SALES › Section 7.182 - Responsibilities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Avoidance of
				  uncoordinated sales and their adverse effect on the costs and marketability of
				  these bonds and notes shall be the responsibility of debt issuers.
(b) The Secretary of the Budget shall be
				  responsible for coordinating and scheduling bond and note sales of Commonwealth
				  issuers.
(c) Agencies, authorities
				  and commissions issuing notes or bonds, either in a public or private sale,
				  shall notify the Secretary of the Budget in advance of each bond or note sale
				  planned. The sale of bonds and notes shall be advertised only after receiving
				  approval of the proposed sale date from the Secretary of the Budget.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 7 - MISCELLANEOUS PROVISIONS › Subchapter O - LIST OF SALARIED EMPLOYEES › Section 7.201 - Access to list of salaried employes

Current through Register Vol. 54, No. 28, July 13, 2024
Under section 3 of the act of June 21, 1957 (
					 P. L.
					 390, No. 212) (65 P. S. §
											66.3), a list of salaried employes under the
					 jurisdiction of the Governor, having been declared public information by
					 section 603 of The Administrative Code of 1929 (71 P. S. §
											223), will be made accessible to citizens of
					 the Commonwealth as follows:
(1) The
				  list shall be available, without written request, during regular business hours
				  at the Government Publications Section, State Library, Room 116 Education
				  Building, Commonwealth Avenue and South Drive, Harrisburg, Pennsylvania
				  17120.
(2) A citizen of the
				  Commonwealth may inspect, extract, photograph or copy all or any part of the
				  list. Rules of the State Library as to access, copying and charges for copying
				  will apply.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 7 - MISCELLANEOUS PROVISIONS › Subchapter P - CIVIL DISORDER AND EMERGENCY › Section 7.211 - Command and control

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  Governor will retain command of State peacekeeping forces during a civil
				  disorder. The Governor may designate the Lieutenant Governor or a member of the
				  Governor's staff as the on-the-scene representatives with the power and
				  authority the Governor may deem necessary.
(b) The General Counsel, after consultation
				  with the Commissioner of the State Police, the Adjutant General or the
				  Pennsylvania Emergency Management Agency will prepare, for issuance by the
				  Governor as required by law, Executive Orders and proclamations necessary or
				  appropriate for the activation and employment of their forces and for the
				  conduct of peacekeeping and law enforcement operations in the disorder area.
				  The Orders and proclamations shall contain the general constraints and
				  objectives applicable to the conduct of State Police and National Guard
				  operations in the disorder area.
(c) The Commissioner of the State Police and
				  the Adjutant General of Pennsylvania and the forces under their respective
				  commands will be directly responsible to the Governor for the implementation of
				  the Orders and guidance that the Governor may provide. Implementing orders
				  necessary or appropriate for the designation and employment of forces under the
				  command of the Commissioner of State Police or the Adjutant General, and for
				  the conduct of their operations in the disorder area, shall be prepared by the
				  Commissioner or the Adjutant General. The content of their orders shall be in
				  accordance with Executive Orders and proclamations issued by the
				  Governor.
(d) In the event of
				  disorder, no officer other than the State Police, consistent with their
				  established policy, or local police in the normal course of their duty, will
				  carry loaded weapons. Weapons carried by the National Guard will not be loaded
				  nor will bayonets be fixed without the specific order of the Governor, except
				  that trained antisniper teams and military police of the National Guard may be
				  armed with loaded weapons whenever National Guard troops are
				  deployed.
(e) Field commanders of
				  the State Police and National Guard are authorized to act independently in
				  emergency situations when failure to act would seriously aggravate the
				  disturbance, gravely undermine the effort to restore order or jeopardize the
				  lives of law enforcement officers, troops or of civilians. These actions shall
				  be consistent with the principles of application of only the minimum force
				  necessary for the circumstances.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 7 - MISCELLANEOUS PROVISIONS › Subchapter P - CIVIL DISORDER AND EMERGENCY › Section 7.212 - Planning and coordination

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In the
				  event of disorder, the Pennsylvania Emergency Management Council will convene
				  under the Emergency Management Services Code to prepare for and coordinate
				  planning and preparation between local and State government support
				  agencies.
(b) If a proclamation of
				  disaster emergency is required to activate other emergency response agencies,
				  to authorize the transfer of unused appropriations, to waive time-consuming bid
				  and contract procedures or to invoke the assistance of the Federal government,
				  the proclamation will be prepared by the Pennsylvania Emergency Management
				  Agency.
(c) Commonwealth agencies
				  under the jurisdiction of the Governor will make every effort to cooperate in
				  planning for and in implementing this subchapter, and shall provide assistance
				  requested by the Governor or a designated representative to prevent civil
				  disorder and restore peace and order. The coordination of support from State
				  agencies will be the responsibility of the Pennsylvania Emergency Management
				  Agency. Agencies will lend every assistance to reduce tensions and to help
				  alleviate the causes of disorder, and will use resources at their command as
				  may be needed to establish and maintain lines of communication to an aggrieved
				  community when called upon to do so.
(d) If assistance of Federal agencies is
				  necessary or appropriate, the Pennsylvania Emergency Management Agency will
				  also be responsible for coordinating acceptance and delivery of their
				  assistance.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 7 - MISCELLANEOUS PROVISIONS › Subchapter Q - STATE EMPLOYEE COMBINED APPEAL › Section 7.224 - Payroll contributions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  use of payroll deductions by Commonwealth employes for charitable contributions
				  through SECA has been authorized by the Governor.
(b) Consistent with that authorization, the
				  Secretary of Administration is delegated the authority to administer, through
				  the Directives Management System, the structure of SECA and the
				  responsibilities of the Commonwealth to SECA.
(c) Executive Order 1985-1, published at 15 Pa.B. 3627 (October
				  12, 1985) is rescinded.
The provisions of this §
												7.224 adopted by Executive Order
						No. 2001-2, dated February 14, 2001, 31 Pa.B.
						1456.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 7 - MISCELLANEOUS PROVISIONS › Subchapter R - FISCAL NOTES › Section 7.231 - Policy

Current through Register Vol. 54, No. 28, July 13, 2024
Administrative departments, boards, commissions and
					 authorities receiving money from the State Treasury shall provide fiscal notes
					 with every regulatory action and administrative procedure published in the
Pennsylvania Bulletin
.
This section cited in and 4 Pa. Code §
												7.234 (relating to
						responsibilities).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 7 - MISCELLANEOUS PROVISIONS › Subchapter R - FISCAL NOTES › Section 7.232 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
Regulatory actions and administrative procedures consist of
					 the following:
(1) Executive orders of
				  the Governor, except those which have no general applicability and legal effect
				  or are effective only against Commonwealth agencies or persons in their
				  capacity as officers, agents or employes thereof.
(2) Administrative and other
				  regulations.
(3) Statements of
				  policy which are general and permanent in nature.
(4) Notice of rule changes and notices
				  related to Federally required changes and changes in fee structure.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 7 - MISCELLANEOUS PROVISIONS › Subchapter R - FISCAL NOTES › Section 7.234 - Responsibilities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Agencies
				  required by §
										7.231 (relating to policy) to
				  publish fiscal notes are to establish procedures to insure that fiscal notes
				  are included with regulatory actions and administrative procedures as follows:
(1) Agencies that are required to submit a
				  regulatory analysis form to the Independent Regulatory Review Commission under
				  the Regulatory Review Act (71 P. S. §
												§
												745.1-745.14) shall submit one copy of a
				  regulatory analysis form and one copy of the regulatory action or
				  administrative procedure, or changes thereto, to the Office of the Budget prior
				  to the time that the regulatory action or administrative procedure, is
				  deposited with the Legislative Reference Bureau.
(2) Agencies that are not required to submit
				  a regulatory analysis form to the Independent Regulatory Review Commission for
				  a regulatory action or administrative procedure shall submit the following
				  information to the Office of the Budget:
(i)
				  One copy of each regulatory action or administrative procedure.
(ii) The designation of the fund out of which
				  the appropriation providing for expenditures under the action or procedure
				  shall be made and the line item, if any, of the General Appropriation Act or
				  other appropriation act out of which expenditures or losses of Commonwealth
				  funds will occur as a result of the action or procedures.
(iii) The probable cost for the fiscal year
				  the program is implemented and a projected cost estimate of the program for
				  each of the 5 succeeding fiscal years.
(iv) The probable loss of revenue for the
				  fiscal year of its implementation and a projected loss of revenue from the
				  program for each of the 5 succeeding fiscal years.
(v) The 3-year fiscal history of the program
				  for which expenditures are to be made.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 7 - MISCELLANEOUS PROVISIONS › Subchapter V - PENNSYLVANIA STATE DATA CENTER › Section 7.292 - Use

Current through Register Vol. 54, No. 28, July 13, 2024
(a) State agencies
				  wishing to obtain demographic and economic data and related services shall do
				  so through the Pennsylvania State Data Center.
(b) Local government units, planning
				  commissions, businesses, academic institutions and other interested users
				  wishing to obtain demographic and economic data are encouraged to use the
				  Pennsylvania Data Center.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 7 - MISCELLANEOUS PROVISIONS › Subchapter W - AGRICULTURAL LAND PRESERVATION POLICY › Section 7.301 - Policy

Current through Register Vol. 54, No. 28, July 13, 2024
It is the policy of the Commonwealth to protect through the
					 administration of all agency programs and regulations, the Commonwealth's
					 "prime agricultural land" from irreversible conversion to uses that result in
					 its loss as an environmental and essential food and fiber
					 resource.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 7 - MISCELLANEOUS PROVISIONS › Subchapter W - AGRICULTURAL LAND PRESERVATION POLICY › Section 7.302 - Conversion

Current through Register Vol. 54, No. 28, July 13, 2024
Commonwealth funds and Commonwealth-administered Federal
					 funds will not be used to encourage the conversion of "prime agricultural land"
					 to other uses when feasible alternatives are available.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 7 - MISCELLANEOUS PROVISIONS › Subchapter W - AGRICULTURAL LAND PRESERVATION POLICY › Section 7.303 - Protected agricultural land

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  The prime agricultural land to be protected under this subchapter includes
				  lands:
(1) In active agricultural use (not
				  including the growing of timber).
(2) Devoted to active agricultural use the
				  preceding 3 years.
(3) Which fall
				  into at least one of the categories of agricultural land in subsection
				  (b).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 7 - MISCELLANEOUS PROVISIONS › Subchapter W - AGRICULTURAL LAND PRESERVATION POLICY › Section 7.304 - Agricultural Land Condemnation Approval Board (ALCAB) review

Current through Register Vol. 54, No. 28, July 13, 2024
The ALCAB shall consider this policy in its review of
					 agricultural lands proposed for condemnation authorized under section 306 of
					 The Administrative Code of 1929 (71 P.S. §
											106) (Act 100) and the Agricultural Security
					 Law (3 P.S. §
											§
											901-915).
					 Act 100 requires ALCAB's approval for the condemnation of agricultural lands
					 for highways and solid and liquid waste disposal facilities. The Agricultural
					 Security Law (3 P.S. §
											§
											901-915)
					 requires ALCAB's approval for condemnation of land in agricultural security
					 areas and land protected by agricultural conservation
					 easements.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 7 - MISCELLANEOUS PROVISIONS › Subchapter W - AGRICULTURAL LAND PRESERVATION POLICY › Section 7.305 - Guidance documents

Current through Register Vol. 54, No. 28, July 13, 2024
Agencies under the Governor's jurisdiction shall amend
					 their individual documents titled "Guidance for Implementation of the
					 Agricultural Land Preservation Policy" within 6 months of the date of this
					 subchapter. The amended guidance document shall be submitted to the Governor's
					 Policy Office and the Department of Agriculture. This guidance document shall
					 include:
(1) A listing of agency
				  actions including land acquisitions, planning, construction, permit review and
				  financial assistance that may directly or indirectly impact prime agricultural
				  lands.
(2) A statement of agency
				  guidelines and procedures which have been or will be instituted to eliminate or
				  minimize impacts detrimental to the continued use of prime agricultural
				  lands.
(3) A description of any
				  changes in statutes or regulations needed to implement the intent of this
				  subchapter.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 7 - MISCELLANEOUS PROVISIONS › Subchapter W - AGRICULTURAL LAND PRESERVATION POLICY › Section 7.306 - Interagency committee

Current through Register Vol. 54, No. 28, July 13, 2024
The following Commonwealth agencies will participate in an
					 interagency committee, chaired by the Department of Agriculture, to solve
					 mutual problems in meeting the objectives of this subchapter:
(1) The Governor's Policy Office.
(2) The Governor's Budget Office.
(3) The Department of Agriculture.
(4) The Department of Community and Economic
				  Development.
(5) The Department of
				  Conservation and Natural Resources.
(6) The Department of Corrections.
(7) The Department of Education.
(8) The Department of Environmental
				  Protection.
(9) The Department of
				  General Services.
(10) The
				  Department of Transportation.
(11)
				  The Pennsylvania Infrastructure Investment Authority.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 7 - MISCELLANEOUS PROVISIONS › Subchapter W - AGRICULTURAL LAND PRESERVATION POLICY › Section 7.307 - Cooperation by State agencies

Current through Register Vol. 54, No. 28, July 13, 2024
The Department of Agriculture is the lead agency for
					 implementing this subchapter. Agencies under the Governor's jurisdiction shall
					 fully support this agricultural land preservation policy and cooperate with the
					 Secretary of Agriculture by providing assistance and information, as necessary,
					 to carry out the function and responsibilities in this
					 subchapter.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 7 - MISCELLANEOUS PROVISIONS › Subchapter X - RESERVED › Section 7.331-7.338 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
These sections cited in 12 Pa. Code §
												63.2 (relating to provisions of the
						Tax-Exempt Bond Allocation Act
						suspended).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 7 - MISCELLANEOUS PROVISIONS › Subchapter Y - ALCOHOLIC BEVERAGE CONTROL COORDINATING COUNCIL › Section 7.341 - Alcoholic Beverage Control Coordinating Council

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Alcoholic Beverage Control
				  Coordinating Council (Council) is hereby created as an advisory agency within
				  the Executive Office of the Governor to supervise the administration,
				  implementation and enforcement of the laws of this Commonwealth relating to
				  alcoholic beverages which have not been terminated together with the Board (as
				  set forth in §
										7.346 (relating to terminated
				  statutory functions and duties of the Board)) and to perform the powers and
				  duties assigned to the Council pursuant to this subchapter.
(b) The Council shall consist of the
				  Secretary of Agriculture, the Secretary of the Budget, the Secretary of
				  Environmental Resources, the Secretary of General Services, the Secretary of
				  Health, the Secretary of Revenue, the Commissioner of the State Police and the
				  Majority and Minority Leaders of the Senate and the House of Representatives or
				  their designees. The Governor shall designate a member of the Council to serve
				  as chairman. The Council may appoint any staff necessary to assist it in the
				  discharge of its duties and responsibilities.
(c) All State agencies are hereby directed to
				  assist and cooperate with the Council and are authorized pursuant to section
				  501 of The Administrative Code of 1929 (71 P. S. §
											181) to perform duties on behalf of the
				  Council or request the Council to perform duties on their behalf.
(d) The function of the Council shall be to
				  provide for planning, oversight and coordination of the activities of State
				  agencies involved in the regulation of alcoholic beverages following the
				  termination of the Board. The Council shall not permanently assume any direct
				  responsibilities for the administration, regulation and control of alcoholic
				  beverages.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 7 - MISCELLANEOUS PROVISIONS › Subchapter Y - ALCOHOLIC BEVERAGE CONTROL COORDINATING COUNCIL › Section 7.342 - Phase-out plan

Current through Register Vol. 54, No. 28, July 13, 2024
(a) No operations,
				  activities or functions of the Board, including the operation of State liquor
				  stores, shall be discontinued, no employes of the Board shall be transferred or
				  furloughed and no property or records of the Board shall be disposed of except
				  as provided by this order and pursuant to a phase-out plan developed by the
				  Board in consultation with the Council.
(b) The Council shall, by February 28, 1987,
				  develop a preliminary proposal to wind-up and conclude the affairs of the
				  Board. The plan shall include, but not be limited to, the following provisions:
(1) The plan shall provide for the transfer
				  of appropriate employes to separate bureaus within the Department of Revenue
				  responsible for licensing and hearings and appeals, and to a liquor law
				  enforcement bureau supervised by the State Police Commissioner. All transfers
				  of employes and any necessary and appropriate property and records shall be
				  complete by June 30, 1987.
(2) The
				  plan shall provide for the transfer of all the property, inventory records and
				  employes of the State Store system and the liquor wholesale distribution system
				  to the Department of General Services on or before June 30, 1987, for
				  appropriate disposition as provided by §
											7.343 (relating to divestment of
				  State Stores and initial private licensing).
(3) The plan shall provide a schedule whereby
				  all employes of the Board not transferred to the Department of Revenue, the
				  State Police or the Department of General Services shall be made available as
				  soon as possible for transfer to fill existing vacancies in other State
				  agencies and to augment the activities of other State agencies.
(4) The plan shall provide for the transfer
				  of all other property and records, on or before June 30, 1987, to the
				  Department of General Services for appropriate disposition.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 7 - MISCELLANEOUS PROVISIONS › Subchapter Y - ALCOHOLIC BEVERAGE CONTROL COORDINATING COUNCIL › Section 7.344 - Long-term plan for the regulation of alcoholic beverages

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Council shall, by June 30, 1988,
				  prepare and submit to the Governor a long-term plan for the regulation of
				  alcoholic beverages following the transition period provided by §
										7.342 (relating to phase-out plan).
				  The long-term plan may provide for the issuance of additional numbers and types
				  of private retail wine and liquor licenses or may provide recommendations for
				  legislation to establish a new statutory wine and liquor control
				  system.
(b) In developing a
				  long-term plan the Council shall consider the advisability of issuing the
				  following additional types of licenses.
(1)
Incidental wine sales.
The Council shall consider whether to
				  provide for the issuance to qualified holders of restaurant, golf course, hotel
				  and club liquor licenses of permits to make incidental retail sales of wine and
				  wine products for off the premises consumption. The Council may develop and
				  propose reasonable volume limitations for such sales consistent with the
				  operations and activities of the permit holders.
(2)
Wine sales.
The Council
				  shall consider whether to provide for the issuance to qualified applicants of
				  permits to make retail sales of wine and wine products for off the premises
				  consumption subject to the terms and conditions and additional requirements to
				  be proposed by the Council acting on behalf of the Departments of Agriculture,
				  Environmental Resources and Revenue.
(3)
Retail liquor licenses.
The Council shall consider whether to provide for the issuance to qualified
				  applicants of permits to make retail sales of liquor and wine or wine only for
				  off the premises consumption upon a demonstration that the applicant can
				  satisfy the requirements of this order and any additional requirements
				  established by the Council acting on behalf of the Departments of Agriculture,
				  Environmental Protection and Revenue.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 7 - MISCELLANEOUS PROVISIONS › Subchapter AA - STATE HOUSING CREDIT AGENCY › Section 7.381 - Designation of State housing credit agency

Current through Register Vol. 54, No. 28, July 13, 2024
The Housing Finance Agency is hereby designated the housing
					 credit agency for the Commonwealth for purposes of carrying out the provisions
					 of section 42 of the Internal Revenue Code of 1986 (26 U.S.C.A. §
											42) and regulations
					 thereunder.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 7 - MISCELLANEOUS PROVISIONS › Subchapter AA - STATE HOUSING CREDIT AGENCY › Section 7.382 - Allocation of State housing credit authority

Current through Register Vol. 54, No. 28, July 13, 2024
The State housing credit authority for calendar year 1987
					 and each succeeding calendar year shall be allocated to the Housing Finance
					 Agency.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 7 - MISCELLANEOUS PROVISIONS › Subchapter AA - STATE HOUSING CREDIT AGENCY › Section 7.383 - Allocation procedure

Current through Register Vol. 54, No. 28, July 13, 2024
Requests to apply the housing credit authority shall be
					 submitted to the Housing Finance Agency and will be reviewed by and subject to
					 the approval of the Agency in accordance with a low-income housing tax credit
					 program to be established by the Board of Directors of the Housing Finance
					 Agency. Allocations shall be made by the Housing Finance Agency to maximize the
					 use of the Statehousing credit ceiling and to promote the objectives of
					 affordable housing throughout the Commonwealth, and other objectives of the
					 Housing Finance Agency Law (35 P. S. §
											§
											1680.101-1680.603a).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 7 - MISCELLANEOUS PROVISIONS › Subchapter BB - PENNSYLVANIA JUDICIAL REFORM COMMISSION › Section 7.391 - Creation

Current through Register Vol. 54, No. 28, July 13, 2024
The Pennsylvania Judicial Reform Commission is created to
					 perform the functions of an advisory panel set forth in this
					 subchapter.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 7 - MISCELLANEOUS PROVISIONS › Subchapter BB - PENNSYLVANIA JUDICIAL REFORM COMMISSION › Section 7.392 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
The Commission is established to examine issues related to
					 the judicial branch and to recommend changes in law and procedure it finds
					 advisable.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 7 - MISCELLANEOUS PROVISIONS › Subchapter BB - PENNSYLVANIA JUDICIAL REFORM COMMISSION › Section 7.394 - Powers and duties

Current through Register Vol. 54, No. 28, July 13, 2024
The Commission will:
(1) Review Commonwealth laws and regulations
				  pertaining to the judiciary.
(2)
				  Consider proposed legislation, including constitutional amendments, which would
				  reform and improve the judiciary.
(3) Examine reform efforts in other states
				  relating to the judiciary.
(4)
				  Actively seek out information and recommendations from the judiciary, the legal
				  profession and the public at large.
(5) Make specific findings and
				  recommendations for proposed reforms.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 7 - MISCELLANEOUS PROVISIONS › Subchapter BB - PENNSYLVANIA JUDICIAL REFORM COMMISSION › Section 7.395 - Relationship to other agencies

Current through Register Vol. 54, No. 28, July 13, 2024
Staff support for the Commission shall be provided by the
					 Department of State. Executive agencies shall cooperate to the fullest extent
					 with the Commission in fulfilling its mandate under this
					 subchapter.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 7 - MISCELLANEOUS PROVISIONS › Subchapter BB - PENNSYLVANIA JUDICIAL REFORM COMMISSION › Section 7.396 - Expenses

Current through Register Vol. 54, No. 28, July 13, 2024
Members of the Commission will not be compensated for their
					 services, but are entitled to reimbursement for expenses necessarily incurred,
					 in accordance with procedures established by the Office of the
					 Governor.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 7 - MISCELLANEOUS PROVISIONS › Subchapter BB - PENNSYLVANIA JUDICIAL REFORM COMMISSION › Section 7.397 - Termination date

Current through Register Vol. 54, No. 28, July 13, 2024
The Commission will communicate its findings and
					 recommendations to the Governor on or before January 15, 1988, and the
					 provisions of this subchapter will terminate on that date.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 7 - MISCELLANEOUS PROVISIONS › Subchapter FF - WORKPLACE POLICY FOR HIV/AIDS › Section 7.431 - Overall HIV/AIDS and related disease workplace policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This administration's policy is to
				  provide a nondiscriminatory environment that positively addresses the needs of
				  persons with HIV/AIDS, takes steps to reduce the spread of HIV and ensures a
				  safe working environment for staff who work with persons with
				  HIV/AIDS.
(b) Persons with HIV or
				  AIDS are to be treated with respect and dignity and not to be denied any
				  government service due to them. State agencies, consistent with the services
				  they provide, are to take steps to address HIV/AIDS within the workplace or
				  work environment, including educating employees about the disease and working
				  with clients on behavior changes that reduce the chance of transmission of HIV
				  and related diseases. State employees and persons served by the Commonwealth
				  are not to be discriminated against on the basis of their actual or perceived
				  HIV or AIDS status. This prohibition is reaffirmed by the Americans With
				  Disabilities Act of 1990 (42
				  U.S.C.A. §
											§
											12101-12213)
				  and the Pennsylvania Human Relations Act (43 P.S. §
											§
											951-963). The confidentiality of persons with
				  HIV/AIDS will be protected by State agencies.
(c) Commonwealth agencies will take steps to
				  minimize the chance of on-the-job exposure to HIV through procedures known as
				  universal or standard precautions. These steps also will reduce the chance of
				  transmission of other diseases which are spread through blood or body fluids,
				  such as Hepatitis B and Hepatitis C.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 7 - MISCELLANEOUS PROVISIONS › Subchapter FF - WORKPLACE POLICY FOR HIV/AIDS › Section 7.433 - Agency HIV/AIDS policies

Current through Register Vol. 54, No. 28, July 13, 2024
State agencies that develop agency-specific workplace
					 policies on HIV/AIDS or related diseases, either centrally or for field
					 facilities, should ensure that their policies are consistent with Commonwealth
					 policy. These policies are to be approved, in writing, by the Secretary of
					 Administration and Secretary of Health before issuance.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 7 - MISCELLANEOUS PROVISIONS › Subchapter FF - WORKPLACE POLICY FOR HIV/AIDS › Section 7.435 - Responsibilities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Secretary
				  of Administration is responsible for updating and providing detail on the
				  overall HIV/AIDS workplace policy for the Commonwealth and for coordinating
				  education efforts for employees and contractors of State agencies on HIV/AIDS
				  and related diseases.
(b) The
				  Secretary of Health is responsible for establishing overall public health
				  policy for the Commonwealth regarding HIV/AIDS and related diseases and for
				  informing Commonwealth agencies of Federal and State public health requirements
				  and guidelines for preventing transmission of HIV and related diseases in the
				  workplace.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 7 - MISCELLANEOUS PROVISIONS › Subchapter FF - WORKPLACE POLICY FOR HIV/AIDS › Section 7.436 - Rescission

Current through Register Vol. 54, No. 28, July 13, 2024
Executive Order 1996-12, Workplace Policy for HIV/AIDS, is
					 rescinded.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 7 - MISCELLANEOUS PROVISIONS › Subchapter GG - POLICY ON SUBSTANCE ABUSE IN THE WORKPLACE › Section 7.451 - Prohibited acts

Current through Register Vol. 54, No. 28, July 13, 2024
The unlawful manufacture, distribution, dispensation,
					 possession or use of alcohol and other controlled substances by a State
					 employe, either while on duty or in any Commonwealth workplace, is prohibited.
					 This conduct shall subject the employe to appropriate disciplinary
					 action.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 7 - MISCELLANEOUS PROVISIONS › Subchapter GG - POLICY ON SUBSTANCE ABUSE IN THE WORKPLACE › Section 7.452 - Disciplinary action

Current through Register Vol. 54, No. 28, July 13, 2024
An employe determined to be unfit either while on duty, or
					 in a Commonwealth workplace, as a result of alcohol or other controlled
					 substances shall be subject to appropriate disciplinary
					 action.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 7 - MISCELLANEOUS PROVISIONS › Subchapter GG - POLICY ON SUBSTANCE ABUSE IN THE WORKPLACE › Section 7.453 - Notification of conviction

Current through Register Vol. 54, No. 28, July 13, 2024
An employe who is convicted of violating a statute
					 governing the unlawful manufacture, distribution, dispensation, possession or
					 use of alcohol or other controlled substances in a Commonwealth workplace shall
					 notify his supervisor of the conviction, in writing, no later than 5 days after
					 the conviction. A conviction means a finding of guilt (including a plea of nolo
					 contendere, disposition in lieu of trial, probation without verdict or
					 accelerated rehabilitative disposition) or imposition of sentence, or both, by
					 any judicial body charged with responsibility to determine violations of the
					 Federal or State criminal drug statutes.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 7 - MISCELLANEOUS PROVISIONS › Subchapter GG - POLICY ON SUBSTANCE ABUSE IN THE WORKPLACE › Section 7.454 - Rehabilitation program

Current through Register Vol. 54, No. 28, July 13, 2024
An employe convicted of drug abuse violations occurring in
					 the workplace shall satisfactorily participate in the State Employe Assistance
					 Program or other rehabilitation program approved for those purposes by a
					 Federal, State, or local health, law enforcement, or other appropriate agency.
					 Any employe convicted of drug abuse violations occurring in the workplace who
					 refuses to participate in the State Employe Assistance Program shall be subject
					 to appropriate disciplinary action.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 7 - MISCELLANEOUS PROVISIONS › Subchapter GG - POLICY ON SUBSTANCE ABUSE IN THE WORKPLACE › Section 7.455 - Self disclosure

Current through Register Vol. 54, No. 28, July 13, 2024
An employe who has self disclosed a problem with alcohol or
					 other drugs shall be advised to contact the State Employe Assistance Program
					 for assistance.