reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part VII - CAPITOL PRESERVATION COMMITTEE › Chapter 701 - RIGHT-TO-KNOW LAW- STATEMENTS OF POLICY › Subchapter C - APPEALS › Section 701.21 - Right to appeal

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If a written
				  request for access to a record is denied or deemed denied, the requester may
				  file an appeal with the right-to-know appeals officer within 15 business days
				  of the mailing date of the agency's response or within 15 business days of the
				  deemed denial at the following address:
Right-to-Know Appeals Officer
Legislative Reference Bureau
641 Main Capitol Building
Harrisburg, PA 17120
Fax: (717) 787-4828
E-mail: lrbrighttoknow@palrb.net
(b) The appeal must state the grounds upon
				  which the requester asserts that the record is a legislative record and must
				  address any grounds stated by the Committee for delaying or denying the
				  request.
Pennsylvania Code › Title 101 - GENERAL ASSEMBLY › Part VII - CAPITOL PRESERVATION COMMITTEE › Chapter 701 - RIGHT-TO-KNOW LAW- STATEMENTS OF POLICY › Subchapter C - APPEALS › Section 701.22 - Appeal procedures

Current through Register Vol. 54, No. 28, July 13, 2024
The procedures on appeal shall be those as promulgated by
					 the Bureau.
Pennsylvania Code › Title 104 - SENATE OF PENNSYLVANIA › Chapter 7 - RIGHT-TO-KNOW LAW-STATEMENT OF POLICY › Subchapter A - PRELIMINARY PROVISIONS › Section 7.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
				  have the following meanings, unless the context clearly indicates
				  otherwise:
Appeals Officer
-The Secretary of the Senate,
				  462 Main Capitol Building, Harrisburg, Pennsylvania 17120, under section
				  503(c)(2)(i) of the RTKL (65 P.S. §
										67.503(c)(2)(i)), for
				  appeals from determinations of the Open Records Officer.
Bureau
-The Legislative Reference
				  Bureau.
Mass request
-A number of requests under the
				  RTKL to which all of the following apply:
(i) Each request is for the same Senatorial
				record.
(ii) The number greatly
				exceeds the average daily volume of requests and burdens the normal operations
				of the Office of the Chief Clerk.
(iii) The requests are substantially
				identical in format and language.
(iv) The Open Records Officer is able to
				trace the requests to a common source.
Office of Open Records
-The office
				  established in the Department of Community and Economic Development under
				  section 1310 of the RTKL (65 P.S. §
										67.1310).
Open Records Officer
-The Chief Clerk of the
				  Senate, 89 Capitol East Wing, Harrisburg, Pennsylvania 17120, responsible for
				  access to the information of the Senate of Pennsylvania under section 502(a)(2)
				  of the RTKL (65 P.S. §
										67.502(a)(2)).
RTKL
-The Right-to-Know Law (65 P.S.
				  §§
										67.101- 67.3104).
Requester
-A person that makes a request for
				  information from the Senate of Pennsylvania under the RTKL.
Pennsylvania Code › Title 104 - SENATE OF PENNSYLVANIA › Chapter 7 - RIGHT-TO-KNOW LAW-STATEMENT OF POLICY › Subchapter B - OPEN RECORDS AND APPEAL PROCEDURES OF THE SENATE › Section 7.11 - Hours of access

Current through Register Vol. 54, No. 28, July 13, 2024
The Right-to-Know Office of the Senate will be open from 9
				  a.m. to 4 p.m. Monday through Friday except for official State and Federal
				  holidays and other days the office is closed by direction of the Chief Clerk of
				  the Senate.
Pennsylvania Code › Title 104 - SENATE OF PENNSYLVANIA › Chapter 7 - RIGHT-TO-KNOW LAW-STATEMENT OF POLICY › Subchapter B - OPEN RECORDS AND APPEAL PROCEDURES OF THE SENATE › Section 7.12 - Contact information for Open Records Officer

Current through Register Vol. 54, No. 28, July 13, 2024
Right-to-Know requests shall be sent to:
Open Records Officer
Office of the Senate Chief Clerk
104 North Office Building
Harrisburg, Pennsylvania 17120-3052
Fax: (717) 783-4296
Email: rtkofficer@occ.pasen.gov
Pennsylvania Code › Title 104 - SENATE OF PENNSYLVANIA › Chapter 7 - RIGHT-TO-KNOW LAW-STATEMENT OF POLICY › Subchapter B - OPEN RECORDS AND APPEAL PROCEDURES OF THE SENATE › Section 7.13 - Requests-generally

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Submission of request.
A request should be made using the
				Senate "Right-to-Know Records Request Form" found on the Senate web site and be
				directed to the Open Records Officer. If the requester chooses not to use the
				request form, a written request should be submitted and clearly indicate that
				it is seeking records under the RTKL. To allow the Open Records Officer to
				determine whether the requested records are accessible under the RTKL and
				locate them, a request for records should be specific and concise, clearly
				identify as precisely as possible the records sought and include a calendar
				time period. A requester should retain a copy of the request for his files as a
				copy of the request is necessary if a requester appeals a response.
(b)
Receipt of the request.
The Senate is deemed to receive the request on the business day the Open
				Records Officer receives the request. A request that is received by the Open
				Records Officer after the close of regular business hours will be deemed to be
				received on the next business day. If the request is received by any other
				Senate employee, the request will be forwarded to the Open Records Officer as
				soon as practical.
(c)
Verbal and anonymous requests.
Verbal requests for records may
				be accepted and fulfilled. Anonymous requests, verbal or written, will not be
				not be accepted. Requesters submitting verbal requests for records may not
				pursue the remedies available to a requester under the RTKL.
Pennsylvania Code › Title 104 - SENATE OF PENNSYLVANIA › Chapter 7 - RIGHT-TO-KNOW LAW-STATEMENT OF POLICY › Subchapter B - OPEN RECORDS AND APPEAL PROCEDURES OF THE SENATE › Section 7.13a - Response

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Response period generally.
Upon receipt, the Open Records
				Officer has 5 business days to respond to the request for records under the
				RTKL. If a response is not sent within 5 business days, the request is
				considered "deemed denied" and a requester's appeal rights begin.
(b)
Interim response.
The
				Open Records Officer is permitted to take an additional 30 calendar days to
				respond to any request for the reasons in section 902 of the RTKL
				(65
				P.S. §
										67.902). If an extension is
				applied, the Open Records Officer will inform the requester in writing within 5
				business days.
(c)
Requester agreement to extend the response period.
The
				requester may agree, in writing, to extend the response period beyond 30
				days.
(d)
Final
				response.
A request may be granted, partially granted and partially
				denied, or denied in its entirety. The final response will be in writing.
				Should a response fail to be issued within the applicable response period, the
				request is deemed denied.
(e)
Access to records.
A response granting a request for access to
				records may be done by:
(1) Granting access
				to inspect Senate records during regular Senate business hours.
(2) Sending copies of the records to the
				requester.
(3) Notifying the
				requester that the records are available on the Senate web site or other
				publicly accessible electronic means.
Pennsylvania Code › Title 104 - SENATE OF PENNSYLVANIA › Chapter 7 - RIGHT-TO-KNOW LAW-STATEMENT OF POLICY › Subchapter B - OPEN RECORDS AND APPEAL PROCEDURES OF THE SENATE › Section 7.14 - Mass requests

Current through Register Vol. 54, No. 28, July 13, 2024
If the Open Records Officer determines that a mass request
				  places an unreasonable burden on the Senate, in an analogous manner to that
				  described in section 506(a)(1) of the RTKL (65 P.S. §
										67.506(a)(1)) for multiple
				  requests by the same requester, the following apply:
(1) The Open Records Officer will respond to
				the common source identified by the Open Records Officer; respond to individual
				requests submitted in writing; and, if the request is granted, will make the
				legislative record accessible at the Open Records Office.
(2) If the mass request is in electronic
				format, each requester will be informed of the action under paragraph
				(1).
Pennsylvania Code › Title 104 - SENATE OF PENNSYLVANIA › Chapter 7 - RIGHT-TO-KNOW LAW-STATEMENT OF POLICY › Subchapter B - OPEN RECORDS AND APPEAL PROCEDURES OF THE SENATE › Section 7.15 - Fee schedule

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
Except as set forth in subsection (b), the
				following apply:
(1) The fee for providing a
				document is 25¢ per image.
(2)
				The fee for postage will not exceed actual mailing costs.
(3) The fee for certifying a document is $5
				per document, regardless of the number of pages. Each document requires
				separate certification and fee.
(4)
				Additional fees may be imposed under section 1307(g) of the RTKL (65 P.S. §
											67.1307(g)) if the Senate
				necessarily incurs costs in complying with the request.
(5) Payment is required prior to access to
				records being granted. Payment shall be by a check or money order made payable
				to the "Senate of Pennsylvania" in the total amount of the fees provided for in
				the response.
Pennsylvania Code › Title 104 - SENATE OF PENNSYLVANIA › Chapter 7 - RIGHT-TO-KNOW LAW-STATEMENT OF POLICY › Subchapter B - OPEN RECORDS AND APPEAL PROCEDURES OF THE SENATE › Section 7.16 - RTKL appeals

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Generally.
To challenge a denial, partial denial, or deemed
				denial of a request for access to records by the Open Records Officer, the
				appeal shall be filed with the Senate Appeals Officer.
(b)
Appeals Officer.
(1) The Senate has appointed the Secretary of
				the Senate to serve as Appeals Officer under section 503 of the RTKL
				(65
				P.S. §
											67.503). The Appeals Officer can
				be contacted as follows:
Senate Appeals Officer 462 Main Capitol Building Harrisburg,
				  Pennsylvania 17120-3053 Telephone: (717) 787-5920
				  RTKAppeals@os.pasen.gov
(2)
				For an appeal from a denial by the Open Records Officer of a record in the
				custody of the Appeals Officer, the Appeals Officer may recuse himself and the
				Bureau will provide an appeals officer under 101 Pa. Code Chapter 31 (relating
				to Right-to-Know Law).
Pennsylvania Code › Title 107 - HOUSE OF REPRESENTATIVES OF PENNSYLVANIA › Chapter 201 - RIGHT-TO-KNOW LAW-STATEMENT OF POLICY › Subchapter A - PRELIMINARY PROVISIONS › Section 201.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
				  have the following meanings, unless the context clearly indicates
				  otherwise:
Appeals examiner
-A person designated by the
				  Appeals Officer to act on his behalf for appeals from determinations of the
				  open-records officer.
Appeals Officer
-The Parliamentarian, 133
				  Main Capitol Building, Harrisburg, PA 17120, under section 503(c)(2)(i) of the
				  law (65 P. S. §
										67.503(c)(2)(i)), for appeals from determinations of the
				  open-records officer.
Law
-The Right-to-Know Law (65 P. S. §§
										67.101-67.3104).
Mass request
-A number of requests under the
				  law to which all of the following apply:
(1) Each request is for the same House
				record.
(2) The number greatly
				exceeds the average daily volume of requests and burdens the normal operations
				of the Office of the Chief Clerk.
(3) The requests are substantially identical
				in format and language.
(4) The
				open-records officer is able to trace the requests to a common
				source.
Office of Open Records
-The office
				  established in the Department of Community and Economic Development under
				  section 1310 of the law (65 P. S. §
										1310).
Open-records officer
-The Chief Clerk of the
				  House of Representatives, 129 Main Capitol Building, Harrisburg, PA 17120,
				  responsible for access to the information of the Pennsylvania House of
				  Representatives under section 502(a)(2) of the law (65 P. S. §
										67.502).
Requester
-A person that makes a request for
				  information from the Pennsylvania House of Representatives under the
				  law.
Pennsylvania Code › Title 107 - HOUSE OF REPRESENTATIVES OF PENNSYLVANIA › Chapter 201 - RIGHT-TO-KNOW LAW-STATEMENT OF POLICY › Subchapter B - OPEN RECORDS PROCEDURES OF THE HOUSE OF REPRESENTATIVES › Section 201.11 - Hours of access

Current through Register Vol. 54, No. 28, July 13, 2024
The Right-to-Know Office of the House of Representatives will
				  be open from 9 a.m. to 4 p.m. Monday through Friday except for official State
				  and Federal holidays and other days the office is closed by direction of the
				  Chief Clerk of the House of Representatives.
Pennsylvania Code › Title 107 - HOUSE OF REPRESENTATIVES OF PENNSYLVANIA › Chapter 201 - RIGHT-TO-KNOW LAW-STATEMENT OF POLICY › Subchapter B - OPEN RECORDS PROCEDURES OF THE HOUSE OF REPRESENTATIVES › Section 201.12 - Contact information

Current through Register Vol. 54, No. 28, July 13, 2024
Right-to-Know requests must be sent to:
Brooke Lewis Right-to-Know Administrator B-29 Main Capitol P.
				  O. Box 202220 Harrisburg, PA 17120-3052 Phone: (717) 787-2372 Fax: (717)
				  787-4990 E-mail: blewis@pabmc.net
Pennsylvania Code › Title 107 - HOUSE OF REPRESENTATIVES OF PENNSYLVANIA › Chapter 201 - RIGHT-TO-KNOW LAW-STATEMENT OF POLICY › Subchapter B - OPEN RECORDS PROCEDURES OF THE HOUSE OF REPRESENTATIVES › Section 201.13 - Request format

Current through Register Vol. 54, No. 28, July 13, 2024
Requests must be made in writing, must be clearly marked as a
				  right-to-know request and must be submitted in person or by mail, email or
				  facsimile in one of the following manners:
(1) On a form prescribed by the Chief
				Clerk.
(2) In a manner so that
				material requested describes records requested with specificity.
Pennsylvania Code › Title 107 - HOUSE OF REPRESENTATIVES OF PENNSYLVANIA › Chapter 201 - RIGHT-TO-KNOW LAW-STATEMENT OF POLICY › Subchapter B - OPEN RECORDS PROCEDURES OF THE HOUSE OF REPRESENTATIVES › Section 201.14 - Mass requests

Current through Register Vol. 54, No. 28, July 13, 2024
If the open-records officer determines that a mass request
				  places an unreasonable burden on the House of Representatives, in an analogous
				  manner to that described in section 506(a)(1) of the law (65 P. S. §
										67.506(a)(1)) for multiple requests by the same requester, the following
				  apply:
(1) The open-records officer
				will respond to the common source identified by the open-records officer;
				respond to individual requests submitted in writing; and, if the request is
				granted, will make the legislative record accessible at the open-records
				office.
(2) If the mass request is
				in electronic format, each requester will be informed of the action under
				paragraph (1).
Pennsylvania Code › Title 107 - HOUSE OF REPRESENTATIVES OF PENNSYLVANIA › Chapter 201 - RIGHT-TO-KNOW LAW-STATEMENT OF POLICY › Subchapter B - OPEN RECORDS PROCEDURES OF THE HOUSE OF REPRESENTATIVES › Section 201.15 - Fee schedule

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
				rule
. Except as set forth in subsection (b), the following apply:
(1) The fee for providing a document is $.25
				per page.
(2) The fee for postage
				will not exceed actual mailing costs.
(3) The fee for certifying a document is $1
				per document, regardless of the number of pages. Each document to be certified
				requires separate certification and fee.
Pennsylvania Code › Title 107 - HOUSE OF REPRESENTATIVES OF PENNSYLVANIA › Chapter 201 - RIGHT-TO-KNOW LAW-STATEMENT OF POLICY › Subchapter C - APPELLATE PROCEDURE › Section 201.21 - Administrative Agency Law

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Authority
. This section constitutes the adoption of practice
				and procedure provisions under section 1309 of the law (65 P. S. §
										67.1309).
(b)
Adoption
.
(1) Except as set
				forth in subsection (c), the provisions of 2 Pa.C.S. Chapter 5 Subchapter A and
				Chapter 7 Subchapter A (relating to Administrative Agency Law) apply to appeals
				under this subchapter.
(2) This
				subsection applies notwithstanding 2 Pa.C.S. §
											501(a) (relating to
				practice and procedure).
Pennsylvania Code › Title 107 - HOUSE OF REPRESENTATIVES OF PENNSYLVANIA › Chapter 201 - RIGHT-TO-KNOW LAW-STATEMENT OF POLICY › Subchapter C - APPELLATE PROCEDURE › Section 201.22 - Appeals examiner

Current through Register Vol. 54, No. 28, July 13, 2024
Under section 503(c)(2)(i) of the law (65 P. S. §
										67.503(c)(2)(i)), the following apply:
(1) Except as set forth in paragraph (2), the
				Appeals Officer may provide appeals examiners for all appeals to make final
				recommendations for adoption by the Appeals Officer.
(2) For an appeal from a denial by the
				open-records officer of a record in the custody of the Appeals Officer, the
				House will provide an Appeals Officer pursuant to the provisions of 101 Pa.
				Code Chapter 31 (relating to Right-to-Know Law).
Pennsylvania Code › Title 107 - HOUSE OF REPRESENTATIVES OF PENNSYLVANIA › Chapter 201 - RIGHT-TO-KNOW LAW-STATEMENT OF POLICY › Subchapter C - APPELLATE PROCEDURE › Section 201.23 - Parties

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Original
.
(1) Under section 1101(a)(1) of the law (65 P. S. §
											67.1101(a)(1)), an appeal may be made by a requester with respect
				to any of the following:
(i) A request deemed
				denied under section 903 of the law (65 P. S. §
												67.903).
(ii) A request deemed denied under section
				901 of the law (65 P. S. §
												67.901).
Pennsylvania Code › Title 201 - RULES OF JUDICIAL ADMINISTRATION › Chapter 1 - GENERAL PROVISIONS › Rule 102 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
Subject to additional definitions contained in subsequent
				provisions of these rules which are applicable to specific chapters or other
				provisions of these rules, the following words and phrases, when used in these
				rules, shall have, unless the context clearly indicates otherwise, the meanings
				given to them in this rule:
Administrative Judge
-The presiding judge of a
				division of a court determined as provided by Rule 707 of these Rules and
				sections 951 through 953 of the Judicial Code,
				42 Pa.C.S. §§
									951-953.
Administrative Office
-The Administrative
				Office of Pennsylvania Courts established by Rule 502 of these rules as the
				central office for the administration of the unified judicial system.
Chief Justice
-The Chief Justice of
				Pennsylvania determined as provided by section 10(d) of Article V of the
				Constitution of Pennsylvania and Rules 705 and 706 of these rules.
Court Administrator
-The Court Administrator of
				Pennsylvania appointed by the Supreme Court under section 19(b) of Article V of
				the Constitution of Pennsylvania and Rule 501(a) of these rules.
District Court Administrator
-The court
				administrator responsible for the administration of the courts of a judicial
				district.
Judge
-Includes a justice of the Supreme
				Court.
Judicial Council
-The Judicial Council of
				Pennsylvania established by Rule 301 of these rules.
Personnel of the System
-Judges and other
				judicial officers, their personal staff, the administrative staff of courts and
				justices of the peace, and the staff of the Administrative Office and other
				central staff.
President Judge
-The president judge of a court
				determined or selected as provided by section 10(d) of Article V of the
				Constitution of Pennsylvania and Rules 705 and 706 of these Rules or sections
				11 and 19 of the Schedule to the Judiciary Article.
Presiding Judge
-An administrative
				judge.
Related Staff
-All individuals employed at
				public expense who serve the unified judicial system, but the term does not
				include personnel of the system.
Supreme Court
-The Supreme Court of
				Pennsylvania existing under section 2 of Article V of the Constitution of
				Pennsylvania.
System
-The unified judicial system of this
				Commonwealth.
System and Related Personnel
-Personnel of the
				system and related staff. The term includes district attorneys, public
				defenders, sheriffs and other officers serving process or enforcing orders,
				registers of wills, prothonotaries, clerks of the courts, clerks of the
				orphans' court division, prison and correctional officials, and the personnel
				of all of the foregoing.
Pennsylvania Code › Title 201 - RULES OF JUDICIAL ADMINISTRATION › Chapter 1 - GENERAL PROVISIONS › Rule 103 - Procedure for Adopting, Filing, and Publishing Rules

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Notice of Proposed
			 Rulemaking.
(1) Except as provided
			 in subdivision (a)(3), the initial proposal of a new or amended rule, including
			 any commentary that is to accompany the rule text, shall be:
(i) distributed by the proposing Rules
			 Committee to the
Pennsylvania Bulletin
for publication
			 therein; and
(ii) published on the
			 Unified Judicial System's website and shared on the System's applicable social
			 media accounts by using a hyperlink to the System website posting.
The proposal shall include a publication notice containing a
				statement to the effect that written responses regarding the proposed rule or
				amendment are invited and should be sent directly to the proposing Rules
				Committee within a specified period of time, and a publication report from the
				Rules Committee containing the rationale for the proposed
				rulemaking.
Pennsylvania Code › Title 201 - RULES OF JUDICIAL ADMINISTRATION › Chapter 1 - GENERAL PROVISIONS › Rule 104 - Principles of Construction

Current through Register Vol. 54, No. 28, July 13, 2024
In the construction of procedural or evidentiary rules adopted by
				the Supreme Court, the principles set forth in Rules 105 to 115 shall be observed,
				unless the application of such principles would result in a construction
				inconsistent with the manifest intent of the Supreme Court.
Pennsylvania Code › Title 201 - RULES OF JUDICIAL ADMINISTRATION › Chapter 1 - GENERAL PROVISIONS › Rule 106 - Words and Phrases

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Words and phrases
			 shall be construed according to rules of grammar and according to their common and
			 approved usage; but technical words and phrases and such others as have acquired a
			 peculiar and appropriate meaning or as are expressly defined by rule shall be
			 construed according to such peculiar and appropriate or express meaning or
			 definition.
(b) General words shall be
			 construed to take their meanings and be restricted by preceding particular
			 words.
Pennsylvania Code › Title 201 - RULES OF JUDICIAL ADMINISTRATION › Chapter 1 - GENERAL PROVISIONS › Rule 107 - Computation of Time

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Days.
When any period of time is referred to in any rule, such period, except as
			 otherwise provided in subdivisions (c) and (d), shall be computed to exclude the
			 first and include the last day of such period.
(b)
Omitted Days.
Whenever the
			 last day of any such period shall fall on Saturday or Sunday, or on any day made a
			 legal holiday by the laws of this Commonwealth or of the United States, such day
			 shall be omitted from the computation.
(c)
Successive Weeks.
Whenever in
			 any rule providing for the publishing of notices, the phrase ''successive weeks'' is
			 used, weeks shall be construed as calendar weeks. The publication upon any day of
			 such weeks shall be sufficient publication for that week, but at least five days
			 shall elapse between each publication. At least the number of weeks specified in
			 ''successive weeks'' shall elapse between the first publication and the day for the
			 happening of the event for which publication shall be made.
(d)
Months.
Whenever in any rule
			 the lapse of a number of months after or before a certain day is required, such
			 number of months shall be computed by counting the months from such day, excluding
			 the calendar month in which such day occurs, and shall include the day of the month
			 in the last month so counted having the same numerical order as the day of the month
			 from which the computation is made, unless there are not so many days in the last
			 month so counted, in which case the period computed shall expire with the last day
			 of such month.
Pennsylvania Code › Title 201 - RULES OF JUDICIAL ADMINISTRATION › Chapter 1 - GENERAL PROVISIONS › Rule 108 - Construction of Rules. Intent of Supreme Court Controls

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The object of all interpretation and
			 construction of rules is to ascertain and effectuate the intention of the Supreme
			 Court.
(b) Every rule shall be
			 construed, if possible, to give effect to all its provisions. When the words of a
			 rule are clear and free from all ambiguity, the letter of it is not to be
			 disregarded under the pretext of pursuing its spirit.
(c) When the words of a rule are not explicit, the
			 intention of the Supreme Court may be ascertained by considering, among other
			 matters:
(1) precedent of the Supreme Court
			 interpreting the current rule;
(2) the
			 commentary accompanying the rule;
(3)
			 the rulemaking history;
(4) other
			 procedures governing the same or similar subjects;
(5) the practice followed under the
			 rule;
(6) the consequences of a
			 particular interpretation; and
(7) the
			 prior practice, if any, including other rules and Acts of Assembly, upon the same or
			 similar subjects.
Pennsylvania Code › Title 201 - RULES OF JUDICIAL ADMINISTRATION › Chapter 1 - GENERAL PROVISIONS › Rule 109 - Presumptions in Ascertaining the Intent of the Supreme Court

Current through Register Vol. 54, No. 28, July 13, 2024
Ascertaining the Supreme Court's intention in the adoption or
				amendment of a rule may be guided by the following presumptions among others:
(a) The Supreme Court does not intend a result
			 that is absurd, impossible of execution, or unreasonable;
(b) The Supreme Court intends a rule to be
			 construed to secure the just, speedy, and inexpensive determination of every action
			 or proceeding to which it is applicable;
(c) The Supreme Court intends the entire rule or
			 chapter of rules to be effective and certain;
(d) The Supreme Court does not intend to violate
			 the Constitution of the United States or of this Commonwealth;
(e) If the Supreme Court has construed the
			 language used in a rule or statute, the Supreme Court in promulgating a rule on the
			 same subject matter which employs the same language intends the same construction to
			 be placed upon such language;
(f) The
			 Supreme Court intends to favor the public interest as against any private interest;
			 and
(g) No rule shall be construed to
			 confer a right to trial by jury where such right does not otherwise exist.
Pennsylvania Code › Title 201 - RULES OF JUDICIAL ADMINISTRATION › Chapter 1 - GENERAL PROVISIONS › Rule 110 - Titles, Conditions, Exceptions, and Headings

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
			 The title or heading of a rule may be considered in construing the rule.
(b) Conditions shall be construed to limit rather
			 than to extend the operation of the clauses to which they refer.
(c) Exceptions expressed in a rule shall be
			 construed to exclude all others.
(d) The
			 title or heading prefixed to a chapter of rules shall not be considered to control
			 but may be used in construing the rules.
Pennsylvania Code › Title 201 - RULES OF JUDICIAL ADMINISTRATION › Chapter 1 - GENERAL PROVISIONS › Rule 112 - Rules In Pari Materia

Current through Register Vol. 54, No. 28, July 13, 2024
Rules or parts of rules within a particular body of rules are
in pari materia
when they relate to the same proceedings or class
				of proceedings. Rules
in pari materia
in the same body of rules
				shall be construed together, if possible, as one rule or one chapter of
				rules.
Pennsylvania Code › Title 201 - RULES OF JUDICIAL ADMINISTRATION › Chapter 1 - GENERAL PROVISIONS › Rule 113 - Particular Controls General

Current through Register Vol. 54, No. 28, July 13, 2024
Whenever a general provision in a rule shall be in conflict with a
				particular provision in the same or another rule, the two shall be construed, if
				possible, so that effect may be given to both. If the conflict between the two
				provisions is irreconcilable, the particular provisions shall prevail and shall be
				construed as an exception to the general provision, unless the general provision
				shall be promulgated later and it shall be the manifest intention of the Supreme
				Court that such general provision shall prevail.
Pennsylvania Code › Title 201 - RULES OF JUDICIAL ADMINISTRATION › Chapter 1 - GENERAL PROVISIONS › Rule 114 - Construction of Rule Amendments

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Textual
			 Indicators.
Amended text indicated by the text in bold font within brackets
			 shall be omitted, and the text in bold font and underscored shall be read as part of
			 the rule.
(b)
Amendments.
Whenever a rule or part of a rule is amended, the
			 amendment shall be construed to merge into the original rule, become a part thereof,
			 and replace the part amended. The remainder of the original rule and amendment shall
			 be read together and viewed as one rule promulgated at one time; but the portions of
			 the rule which were not altered by the amendment shall be construed as effective
			 from the time of their original promulgation and the new provisions shall be
			 construed as effective only from the date when the amendment became
			 effective.
(c)
Merger of
			 Subsequent Amendments.
Whenever a rule has been more than once amended, the
			 latest amendment shall be read into the original rule as previously amended and not
			 into such rule as originally promulgated.
Pennsylvania Code › Title 201 - RULES OF JUDICIAL ADMINISTRATION › Chapter 1 - GENERAL PROVISIONS › Rule 115 - Procedures Inconsistent with Rules

Current through Register Vol. 54, No. 28, July 13, 2024
All laws shall be suspended to the extent that they are inconsistent
				with rules prescribed under the Constitution of 1968. Procedures set forth in
				statute or local rule shall be inapplicable to the extent that they are inconsistent
				with rules prescribed by the Supreme Court governing proceedings on the same subject
				matter.
Pennsylvania Code › Title 201 - RULES OF JUDICIAL ADMINISTRATION › Chapter 2 - DISABILITY AND LANGUAGE ACCESS › Rule 201 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The Unified
				Judicial System of Pennsylvania's Policy (Policy) on Nondiscrimination and
				Equal Employment Opportunity was erroneously codified as the Supreme Court did
				not promulgate this Policy as Rules of Judicial Administration.)
Pennsylvania Code › Title 201 - RULES OF JUDICIAL ADMINISTRATION › Chapter 2 - DISABILITY AND LANGUAGE ACCESS › Rule 202 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The Unified
				Judicial System of Pennsylvania's Policy (Policy) on Nondiscrimination and
				Equal Employment Opportunity was erroneously codified as the Supreme Court did
				not promulgate this Policy as Rules of Judicial Administration.)
Pennsylvania Code › Title 201 - RULES OF JUDICIAL ADMINISTRATION › Chapter 2 - DISABILITY AND LANGUAGE ACCESS › Rule 203 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The Unified
				Judicial System of Pennsylvania's Policy (Policy) on Nondiscrimination and
				Equal Employment Opportunity was erroneously codified as the Supreme Court did
				not promulgate this Policy as Rules of Judicial Administration.)
Pennsylvania Code › Title 201 - RULES OF JUDICIAL ADMINISTRATION › Chapter 2 - DISABILITY AND LANGUAGE ACCESS › Rule 204 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The Unified
				Judicial System of Pennsylvania's Policy (Policy) on Nondiscrimination and
				Equal Employment Opportunity was erroneously codified as the Supreme Court did
				not promulgate this Policy as Rules of Judicial Administration.)
Pennsylvania Code › Title 201 - RULES OF JUDICIAL ADMINISTRATION › Chapter 2 - DISABILITY AND LANGUAGE ACCESS › Rule 205 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The Unified
				Judicial System of Pennsylvania's Policy (Policy) on Nondiscrimination and
				Equal Employment Opportunity was erroneously codified as the Supreme Court did
				not promulgate this Policy as Rules of Judicial Administration.)
Pennsylvania Code › Title 201 - RULES OF JUDICIAL ADMINISTRATION › Chapter 2 - DISABILITY AND LANGUAGE ACCESS › Rule 206 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The Unified
				Judicial System of Pennsylvania's Policy (Policy) on Nondiscrimination and
				Equal Employment Opportunity was erroneously codified as the Supreme Court did
				not promulgate this Policy as Rules of Judicial Administration.)
Pennsylvania Code › Title 201 - RULES OF JUDICIAL ADMINISTRATION › Chapter 2 - DISABILITY AND LANGUAGE ACCESS › Rule 207 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The Unified
				Judicial System of Pennsylvania's Policy (Policy) on Nondiscrimination and
				Equal Employment Opportunity was erroneously codified as the Supreme Court did
				not promulgate this Policy as Rules of Judicial Administration.)
Pennsylvania Code › Title 201 - RULES OF JUDICIAL ADMINISTRATION › Chapter 2 - DISABILITY AND LANGUAGE ACCESS › Rule 208 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The Unified
				Judicial System of Pennsylvania's Policy (Policy) on Nondiscrimination and
				Equal Employment Opportunity was erroneously codified as the Supreme Court did
				not promulgate this Policy as Rules of Judicial Administration.)
Pennsylvania Code › Title 201 - RULES OF JUDICIAL ADMINISTRATION › Chapter 2 - DISABILITY AND LANGUAGE ACCESS › Rule 209 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The Unified
				Judicial System of Pennsylvania's Policy (Policy) on Nondiscrimination and
				Equal Employment Opportunity was erroneously codified as the Supreme Court did
				not promulgate this Policy as Rules of Judicial Administration.)
Pennsylvania Code › Title 201 - RULES OF JUDICIAL ADMINISTRATION › Chapter 2 - DISABILITY AND LANGUAGE ACCESS › Rule 210 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The Unified
				Judicial System of Pennsylvania's Policy (Policy) on Nondiscrimination and
				Equal Employment Opportunity was erroneously codified as the Supreme Court did
				not promulgate this Policy as Rules of Judicial Administration.)
Pennsylvania Code › Title 201 - RULES OF JUDICIAL ADMINISTRATION › Chapter 2 - DISABILITY AND LANGUAGE ACCESS › Rule 211 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The Unified
				Judicial System of Pennsylvania's Policy (Policy) on Nondiscrimination and
				Equal Employment Opportunity was erroneously codified as the Supreme Court did
				not promulgate this Policy as Rules of Judicial Administration.)
Pennsylvania Code › Title 201 - RULES OF JUDICIAL ADMINISTRATION › Chapter 2 - DISABILITY AND LANGUAGE ACCESS › DISABILITY ACCESS › Rule 250 - Policy

Current through Register Vol. 54, No. 28, July 13, 2024
It is the policy of the Unified Judicial System (UJS) to
				  prohibit discrimination against any individual with a disability, as defined by
				  the Americans with Disabilities Act ("ADA"),
				  42 U.S.C. §§
										12131
et seq.
, in accessing
				  or participating in judicial proceedings or other services, programs, or
				  activities of the UJS.
Pennsylvania Code › Title 201 - RULES OF JUDICIAL ADMINISTRATION › Chapter 2 - DISABILITY AND LANGUAGE ACCESS › DISABILITY ACCESS › Rule 251 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
These rules shall apply to each UJS entity which includes,
				  but is not limited to, all appellate courts, judicial districts, boards,
				  committees, and agencies under the administrative authority of the Supreme
				  Court. These rules relating to reasonable accommodations under Title II of the
				  ADA do not supersede either the requirements of
				  42 Pa.C.S. §§
										4401
et seq.
, relating to
				  Court Interpreters for Persons Who Are Deaf or Hard of Hearing, or the
				  Administrative Regulations Governing language access for Persons with limited
				  English Proficiency and for Persons Who Are Deaf or Hard of Hearing, 204 Pa.
				  Code §§
									221.101
et
				  seq
.
Pennsylvania Code › Title 201 - RULES OF JUDICIAL ADMINISTRATION › Chapter 2 - DISABILITY AND LANGUAGE ACCESS › DISABILITY ACCESS › Rule 252 - Reasonable Accommodations

Current through Register Vol. 54, No. 28, July 13, 2024
A.
				Each UJS entity shall develop a written policy to receive and process requests
				for reasonable accommodations from individuals with disabilities. The policy
				shall be posted on the UJS website, each UJS entity's respective website, and
				in each courthouse and office in the court system.
B. All policies developed must be
				substantially similar to the policy appended to this Rule (Appendix A) and
				shall contain, at a minimum, the following elements:
1. Appointment of an ADA coordinator-the
				coordinator must be identified on all court or program materials and the
				following information shall be provided: the coordinator's name, work address,
				work fax number or e-mail address , and work telephone number.
2. Notice of the right to request free
				accommodation(s).
3. Explanation of
				the process for requesting accommodation(s).
4. timeline for request and
				response.
Pennsylvania Code › Title 201 - RULES OF JUDICIAL ADMINISTRATION › Chapter 2 - DISABILITY AND LANGUAGE ACCESS › LANGUAGE ACCESS › Rule 260 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
"Court services, programs, and activities" mean services,
				  programs, and activities, other than judicial proceedings, that are
				  administered under the authority of the courts,
i.e.
, provided
				  by or contracted for by the court.
"Deaf or hard of hearing" ("DHH") means a hearing loss or
				  impairment of speech that creates an inability to understand or communicate the
				  spoken English language.
"Direct victim" means an individual against whom a crime has
				  been committed or attempted and who, as a direct result of the criminal act or
				  attempt, suffers physical or mental injury, death, or the loss of
				  earnings.
"Judicial proceeding" means an action, appeal, or proceeding
				  in a court conducted by a presiding judicial officer, as defined for the
				  purposes of these Rules.
"Language Access Plan" ("LAP") means a plan adopted by the
				  Supreme Court or by a judicial district, intended to fulfill the requirements
				  of Pennsylvania and federal law relating to meaningful access to the Unified
				  Judicial System of Pennsylvania ("UJS").
"Limited English Proficient" ("LEP") refers to individuals
				  who do not speak English as their exclusive or primary language and who have a
				  limited ability to read, speak, write, or understand English.
"Presiding judicial officer" includes justices, judges,
				  magisterial district judges, and appointive judicial officers such as
				  arbitrators and other like officers.
"Principal party in interest" means a person involved in a
				  judicial proceeding who is a named party or a fiduciary for a named party; a
				  direct victim in a criminal proceeding or a proceeding pursuant to the Juvenile
				  Act (42 Pa.C.S. Ch. 63); or a parent, guardian, or custodian of a minor or
				  incapacitated person who is a party, a direct victim in a criminal proceeding
				  or a proceeding pursuant to 42 Pa.C.S. Ch. 63, or a witness.
"Vital documents" mean documents that contain or solicit
				  information critical for obtaining access to the court, court services, and/or
				  benefits, advise of rights or responsibilities, including the consequences of
				  violating a court order, or are required by law.
Pennsylvania Code › Title 201 - RULES OF JUDICIAL ADMINISTRATION › Chapter 2 - DISABILITY AND LANGUAGE ACCESS › LANGUAGE ACCESS › Rule 261 - Policy

Current through Register Vol. 54, No. 28, July 13, 2024
A. It is the policy
				of the UJS to provide meaningful language access to the courts for all
				individuals who are Limited English Proficient ("LEP") or deaf or hard of
				hearing ("DHH") to ensure that such persons have due process and equal access
				to all judicial proceedings, court services, programs, and activities. Ensuring
				meaningful language access means providing timely, accurate, and effective
				language services at no cost to persons who are LEP or DHH, whether requested
				or not.
B. Courts must review data
				concerning the languages for which interpreters are most frequently requested
				in their courts and translate vital documents in accordance with the policy and
				procedures established by the Administrative Office. Oral translation of
				documents shall be provided when a translated document is not
				available.
C. A qualified
				interpreter shall be provided for any court services, programs, or activities
				involving an LEP person and in every judicial proceeding where the LEP person
				is one of the following:
1. a principal party
				in interest.
2. any person when a
				court finds good cause for provision of interpreter
				services.
Pennsylvania Code › Title 201 - RULES OF JUDICIAL ADMINISTRATION › Chapter 2 - DISABILITY AND LANGUAGE ACCESS › LANGUAGE ACCESS › Rule 262 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
These Rules apply to every entity in the UJS, including
				  appellate, trial, and magisterial district courts, as well as boards,
				  committees, and offices under the administrative authority of the Supreme
				  Court.
Pennsylvania Code › Title 201 - RULES OF JUDICIAL ADMINISTRATION › Chapter 2 - DISABILITY AND LANGUAGE ACCESS › LANGUAGE ACCESS › Rule 263 - Language Access Plans

Current through Register Vol. 54, No. 28, July 13, 2024
A. The Court
				Administrator shall promulgate uniform standards for the provision of
				meaningful language and DHH access through the Language Access Plan ("UJS-LAP")
				for the UJS. The UJS-LAP shall address the early identification of the need for
				language or DHH services; provision of oral and written language services;
				maintenance of data on the need for and use of language access services;
				identification and translation of vital documents; and outreach and education.
				The UJS-LAP shall be posted on the UJS website. The UJS-LAP shall be evaluated
				and updated regularly.
B. The Court
				Administrator shall promulgate regulations to implement the Pennsylvania
				Interpreter Act.
C. Each judicial
				district shall promulgate local language access plans in conformity with a
				template to be provided by the Administrative Office. At a minimum, the
				following elements shall be included in those plans: identification of LEP
				court users; provision of interpreters in judicial proceedings; provision of
				language access to court services, programs, and activities; translation of
				vital documents in languages most frequently requested in their courts; and
				complaint procedures. Each judicial district shall review and update its
				language access plan to ensure that meaningful access is being provided to LEP
				and DHH individuals in the judicial district. Plans shall be posted on the UJS
				website and on the websites of the judicial districts.
Pennsylvania Code › Title 201 - RULES OF JUDICIAL ADMINISTRATION › Chapter 2 - DISABILITY AND LANGUAGE ACCESS › LANGUAGE ACCESS › Appendix A - AMERICANS WITH DISABILITIES ACT (TITLE II) POLICY

Current through Register Vol. 54, No. 28, July 13, 2024
The Unified Judicial System of Pennsylvania (UJS) complies
				  with Title II of the Americans with Disabilities Act (ADA) which provides that
				  ''no qualified individual with a disability shall, by reason of such
				  disability, be excluded from participation in or be denied the benefits of the
				  services, programs, or activities of a public entity, or be subjected to
				  discrimination by any such entity''.
				  42 U.S.C.A. §
										12132. Pursuant to that requirement, if you
				  are an individual with a disability who needs an accommodation in order to
				  participate in any judicial proceeding or any other service, program, or
				  activity of the UJS, you are entitled, at no cost to you, to the provision of
				  certain assistance. The ADA does not require the (UJS entity name here) to take
				  any action that would fundamentally alter the nature of its programs or
				  services, or impose an undue financial or administrative burden.
If you require an accommodation under the ADA, it is
				  recommended that you make your request as soon as possible or at least three
				  (3) business days before your scheduled participation in any court proceeding
				  or UJS program or activity. All requests for accommodation, regardless of
				  timeliness, will be given due consideration and if necessary, may require an
				  interactive process between the requestor and the (name of UJS entity) to
				  determine the best course of action.
To request a reasonable accommodation, please complete the
Request for Reasonable Accommodation Form
(Appendix B) and
				  return it to:
Name(s), Business Address(es), Fax Number(s) and / or e-mail
				  address(es), Telephone Number(s) of the ADA Coordinator
If you need assistance completing this form, contact the ADA
				  Coordinator. Complaints alleging violations of Title II under the ADA may be
				  filed pursuant to the UJS Grievance Procedure with (name and contact
				  information of individual who handles grievance procedures). A response will be
				  sent to you after careful review of the facts.
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