reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 17 - ADMINISTRATION OF THE ACT › Subchapter C - SERVICES TO AGENCIES › Section 17.58 - Resolution of disagreements concerning the form or format of documents

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Section 722(c)
				  of 45 Pa.C.S. (relating to deposit of documents required) provides that if the
				  Bureau and an agency disagree concerning the form or format of a document
				  required or authorized to be deposited with the Bureau, the agency may refer
				  the matter to the Joint Committee, which will consult with the agency, make
				  alterations in the document as may be necessary in order to retain the
				  substance of the document in a manner consistent with the requirements of this
				  part and will by order prescribe the text of the document which shall become
				  the agency text thereof for the purposes of this part. Matters arising under
				  this section shall be brought to the attention of the members of the Joint
				  Committee in writing by the Bureau or the agency as promptly as practicable,
				  and shall be brought immediately to the attention of the Secretary of the Joint
				  Committee.
(b) If the head of an
				  agency which has an interest in a document, including the Chairman of the
				  Independent Regulatory Review Commission, disagrees with another agency
				  regarding the form or format of documents promulgated or adopted by the agency
				  which are required or authorized to be deposited with the Bureau, the matters
				  in dispute shall be brought to the attention of the Bureau in writing, and will
				  be considered in the manner set forth in subsection (a). Nothing in this
				  subsection limits or restricts the powers, duties and responsibilities of the
				  Independent Regulatory Review Commission, the Attorney General, the General
				  Counsel or any other Commonwealth Agency, or authorizes the Joint Committee to
				  review determinations made under sections 204(a) and (b), 301(10) and 402(5) of
				  the Commonwealth Attorneys Act (71 P. S. §§
											732-204(a)
				  and (b),
				  732-301(10) and
				  732-402(5)).
(c) In considering
				  matters brought before it under this section, the Joint Committee will offer
				  deference to the technical expertise, special competence and administrative
				  judgment of the agency which promulgated or adopted the documents under
				  consideration.
The provisions of this §
												17.58 amended under section 506 of
						The Administrative Code of 1929 (71 P. S. §
													186), section 206 of the act of July 31, 1968
						(P. L. 769, No. 240) (45 P. S. §
													1206) and
						45 Pa.C.S. §§
													503,
						506,
						507 and
						701.
This section cited in 1 Pa. Code §
												15.9 (relating to individual
						regulations).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 17 - ADMINISTRATION OF THE ACT › Subchapter C - SERVICES TO AGENCIES › Section 17.59 - Approval of publication of certain documents on special format

Current through Register Vol. 54, No. 28, July 13, 2024
Under
					 45 Pa.C.S. §
											729(b) (relating to
					 publication of individual documents) no administrative regulation or statement
					 of policy published in the
Code
or the permanent supplement
					 thereto may be reset or otherwise reprinted at public expense upon a format
					 distinct from that of the
Code
without a certification by the
					 Joint Committee that the special format is necessary for the effective
					 performance by the agency of its functions. Applications for approval are not
					 required to be in a special form, but shall be in writing and shall contain a
					 complete statement of the facts and circumstances, including comparative costs,
					 relied upon.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 17 - ADMINISTRATION OF THE ACT › Subchapter D - CONTRACTING PROCEDURES › Section 17.71 - Commonwealth printing limited

Current through Register Vol. 54, No. 28, July 13, 2024
Section 732 of 45 Pa.C.S. (relating to required contractual
					 arrangements), provides that except as otherwise provided by statute enacted
					 after July 31, 1968, applicable to public printing and binding generally, the
					 following documents listed in paragraphs (1)-(4) published under the act shall
					 be printed or reproduced under contract with a contractor unaffiliated with the
					 Commonwealth. The terms "printed" or "reproduced" when used in this section do
					 not include mimeographed, multilithed or reproduced by a similar in-house
					 process or produced by computer.
(1)
				  The
Code
.
(2) The
Pennsylvania Code Reporter
.
(3) Pamphlet copies of regulations,
				  statements of policy and rules of court.
(4) The
Bulletin
, unless the
				  application of the section to the
Bulletin
is found to be
				  impracticable by the Joint Committee after public notice and opportunity for
				  public hearing.
This section cited in 1 Pa. Code §
												17.1 (relating to general
						administration of act).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 17 - ADMINISTRATION OF THE ACT › Subchapter D - CONTRACTING PROCEDURES › Section 17.72 - Competitive bidding

Current through Register Vol. 54, No. 28, July 13, 2024
Section 732(b) and (c) of 45 Pa.C.S. (relating to required
					 contractual arrangements), provides that contracts for printing or reproduction
					 of documents published under this part shall be given after reasonable public
					 invitation for proposals, to the lowest responsible bidder below the maximum
					 price and under the regulations as shall be prescribed by the Joint Committee,
					 and that no officer or employe of the Commonwealth may be in any way interested
					 in a purchase made by the Commonwealth under the contract or
					 otherwise.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 17 - ADMINISTRATION OF THE ACT › Subchapter E - JOINT COMMITTEE PROCEDURES › Section 17.91 - Composition of Joint Committee

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Section 502 of 45 Pa.C.S. (relating to Joint Committee on Documents), and
				  sections 207 and 302 of the Commonwealth Attorneys Act (71 P. S.
				  §§
											732-207 and
				  732-302) provides that the
				  Joint Committee shall consist of six governmental members and two public
				  members; that the governmental members shall be the Attorney General, the
				  General Counsel, the Director of the Legislative Reference Bureau, the
				  President Pro Tempore of the Senate, the Speaker of the House of
				  Representatives and the Secretary, or persons severally designated in writing
				  by them; that the public members shall be appointed by the Governor from among
				  attorneys or other members of the public who represent the class whomay be
				  expected to refer to the documents to be published under the act; that the
				  members of the Joint Committee shall serve without compensation other than
				  reimbursement for travel and other actual expenses incurred in the performance
				  of their duties; and that for the purposes of The Administrative Code and its
				  supplements the Joint Committee shall be a departmental administrative board in
				  the Department.
(b) Sections 207(b)
				  and 208(c) of The Administrative Code (71 P. S. §
											67(b) and
				  68(c)) provide that the
				  public members of the Joint Committee shall be appointed by and with the advice
				  and consent of two-thirds of the members of the Senate and shall hold office
				  for terms of 4 years, from the third Tuesday of January next following the
				  election of a Governor, and until their successors shall have been appointed
				  and qualified.
This section cited in 1 Pa. Code §
												17.97 (relating to
						meetings).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 17 - ADMINISTRATION OF THE ACT › Subchapter E - JOINT COMMITTEE PROCEDURES › Section 17.92 - Alternates of governmental members

Current through Register Vol. 54, No. 28, July 13, 2024
A government member of the Joint Committee shall file in
					 writing (Form CDL-6) with the Secretary of the Joint Committee the name of the
					 person designated as his alternate. The designation may be changed by the
					 governmental member or his successor in office by the filing in writing with
					 the Secretary of the Joint Committee of the name of a different person as
					 alternate or of a statement that the existing designation is revoked. The
					 substitution or revocation shall take effect upon or after filing in accordance
					 with its terms. An alternate shall take and file the oath of office prescribed
					 by law for a public member, and shall be a member of the Joint Committee for
					 the purposes of this part. When both a governmental member and the person
					 designated as his alternate attend a meeting of the Joint Committee only the
					 governmental member shall be deemed to be present for the purposes of voting
					 and the determination of a quorum.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 17 - ADMINISTRATION OF THE ACT › Subchapter E - JOINT COMMITTEE PROCEDURES › Section 17.93 - Quorum

Current through Register Vol. 54, No. 28, July 13, 2024
Section 502(c) of 45 Pa.C.S. (relating to Joint Committee
					 on Documents) provides that four members of the Joint Committee shall
					 constitute a quorum.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 17 - ADMINISTRATION OF THE ACT › Subchapter E - JOINT COMMITTEE PROCEDURES › Section 17.94 - Duties

Current through Register Vol. 54, No. 28, July 13, 2024
Section 502(d) of 45 Pa.C.S. (relating to Joint Committee
					 on Documents) provides that the Joint Committee shall exercise the powers and
					 perform the duties vested in and imposed upon it by the act and any powers and
					 duties subsequently vested in and imposed upon the Joint Committee by
					 statute.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 17 - ADMINISTRATION OF THE ACT › Subchapter E - JOINT COMMITTEE PROCEDURES › Section 17.95 - Officers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Section 502(c)
				  of 45 Pa.C.S. (relating to Joint Committee on Documents), provides that the
				  Joint Committee shall select from among its members a Chairman, and shall elect
				  a Secretary who need not be a member of the Joint Committee. The Joint
				  Committee shall also select from among its members a Vice Chairman.
(b) The Chairman, Vice Chairman and Secretary
				  shall hold office until the third Tuesday of January next following the
				  election of a Governor, and until their successors have been appointed and
				  qualified, except in the case of their death, resignation, removal or in the
				  case of the Chairman or Vice Chairman, termination of membership on the Joint
				  Committee. An officer may be removed as an officer of the Joint Committee by
				  vote of four members of the Joint Committee.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 17 - ADMINISTRATION OF THE ACT › Subchapter E - JOINT COMMITTEE PROCEDURES › Section 17.96 - Official seal

Current through Register Vol. 54, No. 28, July 13, 2024
The official seal of the Joint Committee shall be in the
					 form and style as follows:
Click to
					 view image
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 17 - ADMINISTRATION OF THE ACT › Subchapter E - JOINT COMMITTEE PROCEDURES › Section 17.97 - Meetings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Section 518 of
				  The Administrative Code (71 P. S. §
											198) provides that the Joint Committee shall
				  meet upon the call of the Chairman, at a time and place as the Chairman shall
				  designate, and at other times and places as the Joint Committee may designate
				  by rule.
(b) The Joint Committee
				  shall meet upon the call in writing of any two members of the Joint Committee
				  at a place in Harrisburg and at the time designated in the call, provided that
				  notice of the call shall have beengiven in person or by telephone or telegraph
				  to a member of the Joint Committee at his address furnished to the Secretary of
				  the Joint Committee for that purpose at least 24 hours prior to the time fixed
				  for the meeting.
(c) The Chairman
				  of the Joint Committee shall preside at meetings of the committee. In his
				  absence one of the following persons in the order stated shall preside:
(1) The Vice Chairman.
(2) The governmental members in the order
				  specified in §
											17.91 (relating to composition of
				  the Joint Committee).
(3) The
				  public members in their order of seniority.
(4) Alternates of the governmental members in
				  the order of precedence of their respective designators.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 17 - ADMINISTRATION OF THE ACT › Subchapter E - JOINT COMMITTEE PROCEDURES › Section 17.98 - Conference telephone meetings

Current through Register Vol. 54, No. 28, July 13, 2024
One or more members of the Joint Committee may participate
					 in a meeting of the committee by means of conference telephone or similar
					 communications equipment by means of which persons participating in the meeting
					 can hear each other. Participation in a meeting under this section shall
					 constitute presence in person at the meeting.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 17 - ADMINISTRATION OF THE ACT › Subchapter E - JOINT COMMITTEE PROCEDURES › Section 17.99 - Agenda

Current through Register Vol. 54, No. 28, July 13, 2024
An agenda for a meeting of the Joint Committee shall be
					 prepared by the Secretary with the approval of the Chairman. Copies of the
					 agenda shall be distributed at least 24 hours before the meeting and any matter
					 not on an agenda so distributed will not be considered except by unanimous
					 consent of the members of the Joint Committee present.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 17 - ADMINISTRATION OF THE ACT › Subchapter E - JOINT COMMITTEE PROCEDURES › Section 17.100 - Administering oaths

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Section 517
				  of The Administrative Code (71 P. S. §
											197) provides that a member of the Joint
				  Committee and such of its employes as it designates, shall have the power to
				  administer oaths or affirmations anywhere in this Commonwealth with respect to
				  any matter or thing which may properly come before the Joint Committee or a
				  member thereof.
(b) The Secretary
				  of the Joint Committee shall have the power to administer oaths or affirmations
				  as provided in section 517 of The Administrative Code (71 P. S. §
											197).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 17 - ADMINISTRATION OF THE ACT › Subchapter E - JOINT COMMITTEE PROCEDURES › Section 17.101 - Subpoenas

Current through Register Vol. 54, No. 28, July 13, 2024
Section 520 of The Administrative Code (71 P. S. §
											200) provides that the Joint Committee shall
					 have power to issue subpoenas, requiring the attendance of witnesses and the
					 production of books and papers pertinent to a hearing before the Joint
					 Committee and to examine the witnesses, books and papers.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part I - Joint Committee on Documents › Chapter 17 - ADMINISTRATION OF THE ACT › Subchapter E - JOINT COMMITTEE PROCEDURES › Section 17.102 - Dockets

Current through Register Vol. 54, No. 28, July 13, 2024
The Secretary shall maintain the following dockets of
					 matters considered by the Joint Committee:
(1)
Appellate
. Matters
				  appealed by an agency from the Bureau to the Joint Committee under
				  45 Pa.C.S. §§
											722 and
				  723(c) (relating to
				  deposit of documents required; and processing of deposited documents) shall be
				  docketed to No. A-1
et seq
.
(2)
Notice
. Matters relating
				  to the imposition by the Joint Committee of express requirements for
				  publication for notice in the
Bulletin
, under
				  45 Pa.C.S. §
											725(b) (relating to
				  additional contents of
Pennsylvania Bulletin
) or for the
				  termination under section 907 of 45 Pa.C.S. (relating to additional notice
				  unnecessary) of alternative methods of giving notice, shall be docketed to No.
				  N-1 et seq.
(3)
Rulemaking
. Matters relating to the promulgation, amendment or
				  repeal of regulations of the Joint Committee shall be docketed to No. R-1
et seq
.
(4)
Waiver
. Matters relating to requests for waiver of the
				  requirements of this part, for certification of necessity for non-
Code
format of administrative regulations under
				  45 Pa.C.S. §
											729
				  (relating to publication of individual documents), or for other relief or
				  action not within the scope of the Appellate, Notice, or Rulemaking dockets,
				  shall be docketed to No. W-1 et seq.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 31 - PRELIMINARY PROVISIONS › Subchapter A - GENERAL PROVISIONS › Section 31.2 - Liberal construction

Current through Register Vol. 54, No. 28, July 13, 2024
This part shall be liberally construed to secure just,
					 speedy and inexpensive determination of the issues presented.
This section cited in 7 Pa. Code §
												171.2 (relating to construction of
						the regulations); 7 Pa. Code §
												179.21 (relating to scope); 16 Pa.
						Code §
												42.2 (relating to construction); 40
						Pa. Code §
												15.2 (relating to liberal
						construction); 34 Pa. Code §
												131.1 (relating to purpose); 40 Pa.
						Code §
												17.2 (relating to liberal
						construction); 52 Pa. Code §
												1.2 (relating to liberal
						construction); 52 Pa. Code §
												1001.3 (relating to liberal
						construction); 58 Pa. Code §
												401a.2 (relating to construction);
						and 61 Pa. Code §
												702.2 (relating to liberal
						construction).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 31 - PRELIMINARY PROVISIONS › Subchapter A - GENERAL PROVISIONS › Section 31.4 - Information and special instructions

Current through Register Vol. 54, No. 28, July 13, 2024
Information as to procedure under this part, and
					 instructions supplementing this part in special instances, will be furnished
					 upon application to the agency at the office of the agency.
This section cited in 19 Pa. Code §
												13.2 (relating to information and
						special instructions); 34 Pa. Code §
												111.2 (relating to applicability of
						General Rules of Administrative Practice and Procedure); 34 Pa. Code §
												131.4 (relating to applicability of
						General Rules of Administrative Practice and Procedure); 52 Pa. Code §
												1.3 (relating to information and
						special instructions); 52 Pa. Code §
												1001.4 (relating to information and
						special instructions); and 61 Pa. Code §
												702.4 (relating to filing
						generally).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 31 - PRELIMINARY PROVISIONS › Subchapter A - GENERAL PROVISIONS › Section 31.6 - Amendments to rules

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Joint
				  Committee on Documents hereby retains continuing jurisdiction under
				  45 Pa.C.S. §
											723(b) (relating to
				  processing of deposited documents) to adopt the amendments and additions to
				  this part as may be appropriate.
(b) An agency or other person may make
				  application under §
										35.18 (relating to petitions for
				  issuance, amendment, waiver or repeal of regulations) for a general and
				  permanent change in this part.
This section cited in 25 Pa. Code §
												1021.3 (relating to amendments to
						rules); 34 Pa. Code §
												131.12 (relating to modification of
						time); 52 Pa. Code §
												1.5 (relating to amendment to
						rules); 52 Pa. Code §
												1001.7 (relating to amendment to
						rules); 55 Pa. Code §
												41.4 (relating to amendments to
						regulation); and 61 Pa. Code §
												702.1 (relating to
						scope).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 31 - PRELIMINARY PROVISIONS › Subchapter B - TIME › Section 31.11 - Timely filing required

Current through Register Vol. 54, No. 28, July 13, 2024
Pleadings, submittals or other documents required or
					 permitted to be filed under this part, the regulations of the agency or any
					 other provision of law shall be received for filing at the office of the agency
					 within the time limits, if any, for the filing. The date of receipt at the
					 office of the agency and not the date of deposit in the mails is
					 determinative.
This section cited in 4 Pa. Code §
												607a.5 (relating to filings with
						Docket Clerk); 7 Pa. Code §
												131.11 (relating to time); 7 Pa.
						Code §
												179.3 (relating to filings and
						appeals); 7 Pa. Code §
												179.105 (relating to evidentiary
						documents); 12 Pa. Code §
												11.3 (relating to timely filing);
						16 Pa. Code §
												42.14 (relating to time of filing);
						34 Pa. Code §
												111.3 (relating to definitions); 34
						Pa. Code §
												131.11 (relating to filing, service
						and proof of service); 34 Pa. Code §
												131.12 (relating to modification of
						time); 37 Pa. Code §
												197.4 (relating to filings); 52 Pa.
						Code §
												1.11 (relating to date of filing);
						52 Pa. Code §
												1001.11 (relating to date of
						filing); 55 Pa. Code §
												41.6 (relating to timely filing
						required); 58 Pa. Code §
												145.4 (relating to time of filing);
						58 Pa. Code §
												497a.1 (relating to date of
						filing); 61 Pa. Code §
												702.11 (relating to filing); and 61
						Pa. Code §
												703.2 (relating to petition
						content).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 31 - PRELIMINARY PROVISIONS › Subchapter B - TIME › Section 31.12 - Computation of time

Current through Register Vol. 54, No. 28, July 13, 2024
Except as otherwise provided by law, in computing a period
					 of time prescribed or allowed by this part or by the regulations of the agency
					 or another provision of law, the day of the act, event or default after which
					 the designated period of time begins to run may not be included. The last day
					 of the period so computed shall be included, unless it is Saturday, Sunday or a
					 legal holiday in this Commonwealth, in which event the period shall run until
					 the end of the next day which is neither a Saturday, Sunday nor a holiday. A
					 part-day holiday shall be considered as other days and not as a holiday.
					 Intermediate Saturdays, Sundays and holidays shall be included in the
					 computation.
This section cited in 4 Pa. Code §
												607a.4 (relating to computation of
						time); 7 Pa. Code §
												179.4 (relating to computation of
						time); 10 Pa. Code §
												3.16 (relating to computation of
						time); 25 Pa. Code §
												1021.13 (relating to computation of
						time); 34 Pa. Code §
												131.15 (relating to computation of
						time); 37 Pa. Code §
												171.5 (relating to computation of
						time); 37 Pa. Code §
												197.7 (relating to computation of
						time); 52 Pa. Code §
												1.12 (relating to computation of
						time); 52 Pa. Code §
												1001.12 (relating to computation of
						time); 58 Pa. Code §
												497a.2 (relating to computation of
						time); 61 Pa. Code §
												702.12 (relating to computation of
						time); and 61 Pa. Code §
												703.2 (relating to petition
						content).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 31 - PRELIMINARY PROVISIONS › Subchapter B - TIME › Section 31.13 - Issuance of agency orders

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In
				  computing a period of time involving the date of the issuance of an order by an
				  agency, the day of issuance of an order shall be the day the office of the
				  agency mails or delivers copies of the order to the parties, or if the delivery
				  is not otherwise required by law, the day the agency makes the copies public.
				  Orders will not be made public prior to the mailing or delivery to the parties,
				  except where, in the judgment of the agency, the public interest requires. The
				  day of issuance of an order may or may not be the day of its adoption by the
				  agency. In any event, the office of the agency shall clearly indicate on each
				  order the date of its issuance.
(b)
				  At the time a proposed report becomes effective as an adjudication of the
				  agency in the absence of agency review as provided for by §
										35.226(a)(3)
				  (relating to final orders), the office of the agency will issue and serve upon
				  the parties of record an appropriate notice of the date the adjudication became
				  effective as an agency adjudication or order.
(c) The date of entry of an order which is
				  subject to review by the Commonwealth Court is governed by 210 Pa. Code Rule
				  108 (relating to date of entry of orders). The date of issuance of any other
				  order shall be deemed to be the date of entry thereof for the purposes of
				  computing the time for appeal under an applicable statute relating to judicial
				  review of agency action.
This section cited in 4 Pa. Code §
												607a.20 (relating to proposed
						decision and order); 7 Pa. Code §
												179.6 (relating to Commission
						action without prior hearing); 7 Pa. Code §
												179.11 (relating to computation of
						time); 12 Pa. Code §
												11.4 (relating to entry of orders);
						34 Pa. Code §
												111.18 (relating to decisions of
						the Board); 34 Pa. Code §
												131.11 (relating to filing, service
						and proof of service); 34 Pa. Code §
												131.112 (relating to correction or
						amendment of decision); 52 Pa. Code §
												1.13 (relating to issuance of
						Commission orders); 52 Pa. Code §
												1001.13 (relating to issuance of
						Authority orders); 58 Pa. Code §
												497a.3 (relating to issuance of
						Board orders); 61 Pa. Code §
												703.2 (relating to petition
						content); and 61 Pa. Code §
												703.31 (relating to disposition of
						petitions).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 31 - PRELIMINARY PROVISIONS › Subchapter B - TIME › Section 31.14 - Effective dates of agency orders

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Orders of an agency promulgating regulations shall be effective upon
				  publication in the
Pennsylvania Bulletin
unless otherwise
				  specially provided in the order.
(b) All other orders of an agency shall be
				  effective as of the dates of issuance thereof unless otherwise specially
				  provided in the orders.
This section cited in 12 Pa. Code §
												11.4 (relating to entry of orders);
						25 Pa. Code §
												1021.11 (relating to effective
						dates of Board adjudications and preliminary orders); 28 Pa. Code §
												1230.25 (relating to effective date
						of adjudication, actions or order); 34 Pa. Code §
												111.18 (relating to decisions of
						the Board); 34 Pa. Code §
												131.11 (relating to filing, service
						and proof of service); 34 Pa. Code §
												131.112 (relating to correction or
						amendment of decision); 37 Pa. Code §
												407.21 (relating to effect of
						application rejection); 52 Pa. Code §
												1.14 (relating to effective dates
						of Commission orders); 52 Pa. Code §
												1001.14 (relating to effective
						dates of Authority orders); 58 Pa. Code §
												497a.4 (relating to effective dates
						of Board orders); 61 Pa. Code §
												703.2 (relating to petition
						content); and 61 Pa. Code §
												703.45 (relating to appeal
						rights).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 31 - PRELIMINARY PROVISIONS › Subchapter B - TIME › Section 31.15 - Extensions of time

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Extensions of
				  time shall be governed by the following:
(1)
				  Except as otherwise provided by law, whenever by these rules or by a regulation
				  or order of an agency, or a notice given thereunder, an act is required or
				  allowed to be done at or within a specified time, the time fixed or the period
				  of time prescribed may, by the agency head or the presiding officer, for good
				  cause be extended upon motion made before expiration of the period originally
				  prescribed or as previously extended; and upon motion made after the expiration
				  of the specified period, the act may be permitted to be done where reasonable
				  grounds are shown for the failure to act.
(2) Requests for the extension of time in
				  which to file briefs shall be filed at least 5 days before the time fixed for
				  filing such briefs.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 31 - PRELIMINARY PROVISIONS › Subchapter C - REPRESENTATION BEFORE AGENCY › Section 31.21 - Appearance in person

Current through Register Vol. 54, No. 28, July 13, 2024
An individual may appear in his own behalf. A member of a
					 partnership may represent the partnership, a bona fide officer of a
					 corporation, trust or association may represent the corporation, trust or
					 association, and an officer or employe of another agency or of a political
					 subdivision may represent the agency or political subdivision in presenting any
					 submittal to an agency subject to these rules. Parties, except individuals
					 appearing in their own behalf, shall be represented in adversary proceedings
					 only under §
										31.22 (relating to appearance by
					 attorney).
This section cited in 1 Pa. Code §
												31.23 (relating to other
						representation prohibited at hearings); 4 Pa. Code §
												89.26 (relating to representation);
						4 Pa. Code §
												607a.8 (relating to
						representation); 7 Pa. Code §
												131.12 (relating to appearances); 7
						Pa. Code §
												179.63 (relating to representation
						before the Commission); 12 Pa. Code §
												11.5 (relating to appearance before
						the Department); 25 Pa. Code §
												1021.21 (relating to
						representation); 28 Pa. Code §
												1111.8 (relating to rights of the
						appellant); 28 Pa. Code §
												1113.2 (relating to administrative
						appeal procedures); 28 Pa. Code §
												1230.26 (relating to
						representation); 34 Pa. Code §
												131.54 (relating to manner and
						conduct of hearings); 34 Pa. Code §
												131.58 (relating to informal
						conferences); 34 Pa. Code §
												131.59 (relating to mediation); 34
						Pa. Code §
												131.59a (relating to voluntary
						mediation); 34 Pa. Code §
												131.59b (relating to mandatory
						mediation); 34 Pa. Code §
												131.60 (relating to resolution
						hearings); 37 Pa. Code §
												197.9 (relating to appearances); 49
						Pa. Code §
												43b.302 (relating to representation
						in formal proceedings); 52 Pa. Code §
												1.21 (relating to appearance); 52
						Pa. Code §
												1001.21 (relating to appearance);
						58 Pa. Code §
												499a.1 (relating to appearance in
						person); and 61 Pa. Code §
												702.21 (relating to
						representation).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 31 - PRELIMINARY PROVISIONS › Subchapter C - REPRESENTATION BEFORE AGENCY › Section 31.22 - Appearance by attorney

Current through Register Vol. 54, No. 28, July 13, 2024
A person may be represented in a proceeding by an attorney
					 at law admitted to practice before the Supreme Court of Pennsylvania, or, if a
					 similar agency of another jurisdiction accords like privileges to members of
					 the bar of this Commonwealth, the highest court of such other
					 jurisdiction.
This section cited in 1 Pa. Code §
												31.21 (relating to appearance in
						person); 1 Pa. Code §
												31.23 (relating to other
						representation prohibited at hearings); 4 Pa. Code §
												89.26 (relating to representation);
						4 Pa. Code §
												607a.8 (relating to
						representation); 7 Pa. Code §
												131.12 (relating to appearances); 7
						Pa. Code §
												179.63 (relating to representation
						before the Commission); 12 Pa. Code §
												11.5 (relating to appearance before
						the Department); 25 Pa. Code §
												1021.21 (relating to
						representation); 25 Pa. Code §
												1021.22 (relating to notice of
						appearance); 28 Pa. Code §
												1111.8 (relating to rights of the
						appellant); 28 Pa. Code §
												1113.2 (relating to administrative
						appeal procedures); 28 Pa. Code §
												1230.26 (relating to
						representation); 34 Pa. Code §
												131.54 (relating to manner and
						conduct of hearings); 34 Pa. Code §
												131.58 (relating to informal
						conferences); 34 Pa. Code §
												131.59 (relating to mediation); 34
						Pa. Code §
												131.59a (relating to voluntary
						mediation); 34 Pa. Code §
												131.59b (relating to mandatory
						mediation); 34 Pa. Code §
												131.60 (relating to resolution
						hearings); 37 Pa. Code §
												171.3 (relating to practice before
						the arbitration panels); 37 Pa. Code §
												197.9 (relating to appearances); 49
						Pa. Code §
												43b.302 (relating to representation
						in formal proceedings); 52 Pa. Code §
												1.22 (relating to appearance by
						attorney or certified legal intern); 52 Pa. Code §
												1001.22 (relating to appearance by
						attorney or certified legal intern); 58 Pa. Code §
												499a.2 (relating to appearance by
						attorney); and 61 Pa. Code §
												702.21 (relating to
						representation).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 31 - PRELIMINARY PROVISIONS › Subchapter C - REPRESENTATION BEFORE AGENCY › Section 31.23 - Other representation prohibited at hearings

Current through Register Vol. 54, No. 28, July 13, 2024
A person shall not be represented at a hearing before an
					 agency head or a presiding officer except:
(1) As stated in §
										31.21 or §
										31.22 (relating to appearance in
				  person; and appearance by attorney).
(2) As otherwise permitted by the agency in a
				  specific case.
This section cited in 4 Pa. Code §
												89.26 (relating to representation);
						4 Pa. Code §
												607a.8 (relating to
						representation); 7 Pa. Code §
												179.63 (relating to representation
						before the Commission); 25 Pa. Code §
												1021.21 (relating to
						representation); 28 Pa. Code §
												1111.8 (relating to right of the
						appellant); 28 Pa. Code §
												1113.2 (relating to administrative
						appeal procedures); 28 Pa. Code §
												1230.26 (relating to
						representation); 34 Pa. Code §
												131.54 (relating to manner and
						conduct of hearings); 34 Pa. Code §
												131.58 (relating to informal
						conferences); 34 Pa. Code §
												131.59 (relating to mediation); 34
						Pa. Code §
												131.59a (relating to voluntary
						mediation); 34 Pa. Code §
												131.59b (relating to mandatory
						mediation); 34 Pa. Code §
												131.60 (relating to resolution
						hearings); 37 Pa. Code §
												171.3 (relating to practice before
						the arbitration panels); 49 Pa. Code §
												43b.302 (relating to representation
						in formal proceedings); 52 Pa. Code §
												1.23 (relating to other
						representation prohibited at hearings); 52 Pa. Code §
												1001.23 (relating to other
						representation prohibited at hearings); 58 Pa. Code §
												499a.3 (relating to other
						representation probibited at hearings); and 61 Pa. Code §
												702.21 (relating to
						representation).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 31 - PRELIMINARY PROVISIONS › Subchapter C - REPRESENTATION BEFORE AGENCY › Section 31.24 - Notice of appearance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If an
				  individual appears in his own behalf before an agency head or a presiding
				  officer in a particular proceeding which involves a hearing or an opportunity
				  for hearing, he shall file with the office of the agency or otherwise state on
				  the record an address at which a notice or other written communication required
				  to be served upon him or furnished to him may be sent.
(b) If an attorney appears before an agency
				  head or a presiding officer in a representative capacity in a particular
				  proceeding which involves a hearing or an opportunity for hearing, he shall
				  file with the office of the agency a written notice of the appearance, which
				  shall state his name, address and telephone number and the name and address of
				  the person or persons on whose behalf he appears. Additional notice or other
				  written communication required to be served on or furnished to a person may be
				  sent to the attorney of record for the person at the stated address of the
				  attorney.
(c) A person appearing or
				  practicing before an agency in a representative capacity may be required to
				  file a power of attorney with the agency showing his authority to act in such
				  capacity.
This section cited in 1 Pa. Code §
												31.26 (relating to service on
						attorneys); 1 Pa. Code §
												33.33 (relating to effect of
						service upon an attorney); 1 Pa. Code §
												35.207 (relating to service of
						proposed reports); 4 Pa. Code §
												89.26 (relating to representation);
						4 Pa. Code §
												110.1 (relating to praecipe of
						appearance); 4 Pa. Code §
												607a.6 (relating to order to show
						cause); 4 Pa. Code §
												607a.8 (relating to
						representation); 16 Pa. Code §
												42.107 (relating to supervision of
						designated agent of complainant; form); 34 Pa. Code §
												111.15 (relating to no other
						pleadings allowed); 34 Pa. Code §
												121.34 (relating to objections to
						assessments); 34 Pa. Code §
												131.34 (relating to other filings);
						37 Pa. Code §
												171.26 (relating to notice of
						appearance); 37 Pa. Code §
												197.9 (relating to appearances); 40
						Pa. Code §
												17.4 (relating to legal
						representation); 52 Pa. Code §
												1.24 (relating to notice of
						appearance or withdrawal); 52 Pa. Code §
												1001.24 (relating to notice of
						appearance or withdrawal); 58 Pa. Code §
												499a.4 (relating to notice of
						appearance or withdrawal); and 61 Pa. Code §
												702.21 (relating to
						representation).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 31 - PRELIMINARY PROVISIONS › Subchapter C - REPRESENTATION BEFORE AGENCY › Section 31.25 - Form of notice of appearance

Current through Register Vol. 54, No. 28, July 13, 2024
COMMONWEALTH OF PENNSYLVANIA
[NAME OF AGENCY]
In the Matter of:
[File, Docket
or other
identifying No.:]
NOTICE OF APPEARANCE
Please enter my appearance in the above-designated matter
					 on behalf. I am authorized to accept service on behalf of said participant in
					 this matter.
[CHECK ONE]
[ ] On the basis of this notice, I request a copy of each
					 document hereafter issued by the [Name of Agency] in this matter.
[ ] I am already receiving or have access to a copy of each
					 document issued by the [Name of Agency] in this matter (alone, or in a
					 consolidated proceeding) and do not on the basis of this notice require an
					 additional copy.
_______________________________________________________________________________________________
Signature
_______________________________________________________________________________________________
Name (Printed)
_______________________________________________________________________________________________
P. O. address
_______________________________________________________________________________________________
City, state and zip code
_______________________________________________________________________________________________
Telephone number (including area code)
This section cited in 16 Pa. Code §
												42.107 (relating to supervision of
						designated agent of complainant; form); 25 Pa. Code §
												1021.22 (relating to notice of
						appearance); 34 Pa. Code §
												111.15 (relating to no other
						pleadings allowed); 34 Pa. Code §
												131.34 (relating to other filings);
						37 Pa. Code §
												197.10 (relating to form of notice
						of appearance); 52 Pa. Code §
												1.25 (relating to form of notice of
						appearance); 52 Pa. Code §
												1001.25 (relating to form of notice
						of appearance); 58 Pa. Code §
												499a.5 (relating to form of notice
						of appearance); and 61 Pa. Code §
												702.21 (relating to
						representation).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 31 - PRELIMINARY PROVISIONS › Subchapter C - REPRESENTATION BEFORE AGENCY › Section 31.26 - Service on attorneys

Current through Register Vol. 54, No. 28, July 13, 2024
In a proceeding where an attorney has filed a submittal on
					 behalf of a client or has filed an appearance under §
										31.24(b) (relating
					 to notice of appearance), a notice or other written communication required to
					 be served upon or furnished to the client shall also be served upon or
					 furnished to the attorney (or one of the attorneys if the client is represented
					 by more than one attorney) in the same manner as prescribed for his client,
					 notwithstanding the fact that the communication may be furnished directly to
					 the client.
This section cited in 1 Pa. Code §
												33.33 (relating to effect of
						service upon an attorney); 7 Pa. Code §
												131.13 (relating to service); 22
						Pa. Code §
												121.9 (relating to administrative
						loan collection review procedures); 34 Pa. Code §
												111.12 (relating to filing, service
						and proof of service); 34 Pa. Code §
												111.14 (relating to motions to
						quash); 34 Pa. Code §
												131.11 (relating to filing, service
						and proof of service); 34 Pa. Code §
												131.32 (relating to petitions
						except petitions for joinder and challenge proceedings); 37 Pa. Code §
												171.27 (relating to service on
						attorneys); 40 Pa. Code §
												17.4 (relating to legal
						representation); 52 Pa. Code §
												1.55 (relating to service on
						attorneys); 52 Pa. Code §
												1001.53 (relating to service on
						attorneys); and 61 Pa. Code §
												702.21 (relating to
						representation).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 31 - PRELIMINARY PROVISIONS › Subchapter C - REPRESENTATION BEFORE AGENCY › Section 31.27 - Contemptuous conduct

Current through Register Vol. 54, No. 28, July 13, 2024
Contemptuous conduct at a hearing before an agency head or
					 a presiding officer shall be ground for exclusion from the hearing and for
					 summary suspension without a hearing for the duration of the
					 hearing.
This section cited in 7 Pa. Code §
												179.64 (relating to contemptuous
						conduct); 34 Pa. Code §
												95.92 (relating to contemptuous
						conduct); 34 Pa. Code §
												131.54 (relating to manner and
						conduct of hearings); 52 Pa. Code §
												1.26 (relating to contemptuous
						conduct); 52 Pa. Code §
												1001.26 (relating to contemptuous
						conduct); 58 Pa. Code §
												499a.6 (relating to contemptuous
						conduct); and 61 Pa. Code §
												702.22 (relating to limited
						practice before the Board).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 31 - PRELIMINARY PROVISIONS › Subchapter C - REPRESENTATION BEFORE AGENCY › Section 31.28 - Suspension and disbarment

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
				  agency may deny, temporarily or permanently, the privilege of appearing or
				  practicing before it in any way to a person who is found by the agency after
				  notice and opportunity for hearing in the matter:
(1) Not to possess the requisite
				  qualifications to represent others.
(2) Not to possess the requisite technical
				  education, training or experience for a particular project or type of project
				  submitted for agency approval.
(3)
				  To have engaged in unethical or improper conduct before the agency.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part II - General Rules of Administrative Practice and Procedure › Chapter 33 - DOCUMENTARY FILINGS › Subchapter A - GENERAL REQUIREMENTS › FILINGS GENERALLY › Section 33.1 - Title

Current through Register Vol. 54, No. 28, July 13, 2024
Pleadings, submittals or other documents filed with an
						agency in any proceeding shall clearly show the file number or similar
						identifying symbols, if any, and title of the proceeding before the agency.
						They shall also show, in the title of the particular pleading, submittal or
						other document filed, the name of the person in whose behalf the filing is
						made. If more than one person is involved, a single name only need be included
						in the title.
This section cited in 16 Pa. Code §
													42.12 (relating to caption); 34 Pa.
						  Code §
													111.11 (relating to content and
						  form); 34 Pa. Code §
													111.32 (relating to form/content);
						  34 Pa. Code §
													131.21 (relating to identifying
						  number); 34 Pa. Code §
													131.31 (relating to form of
						  pleadings); 52 Pa. Code §
													1.31 (relating to requirements for
						  documentary filings); 52 Pa. Code §
													1001.31 (relating to requirements
						  for documentary filings); 55 Pa. Code §
													41.11 (relating to title of
						  document); 61 Pa. Code §
													703.2 (relating to petition
						  content); and 61 Pa. Code §
													703.5 (relating to other
						  submissions).