4 Pa. Code Ch. 1 — Agency Operation and Organization

§ 1.844. Sanctions. Failure of a covered contractor or lessor to comply with the provisions of this subchapter may result in the imposition of sanctions, which may include, but shall not be limited to, termination of the contract or lease, nonpayment, debarment or referral to the…

§ 1.845. Application. (a) Nothing in this subchapter shall be construed to contravene or supersede: (1) any State or Federal law or collective bargaining agreement; or (2) any State or local policy requiring a covered employee to be paid more than the minimum wage required by thi…

§ 1.846. Effective dates. This subchapter shall take effect on the following dates and shall remain in effect until modified or rescinded: (1) For employees described in § 1.842(1) (relating to coverage), on January 31, 2022. (2) For employees described in § 1.842(2), on the effe…

§ 1.851. Policy. Employment First is the policy of Commonwealth executive branch agencies under the jurisdiction of the Governor. This policy reflects the Commonwealth’s goal of making the Commonwealth a model state when it comes to creating a climate hospitable to workers with a…

§ 1.852. Definitions. The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise: Competitive integrated employment—The term as defined in the Workforce Innovation and Opportunity Act (Pub.L. No. 113-12…

§ 1.853. Reduction of barriers. The Office of Administration will explore the means to reduce barriers to Commonwealth employment for Pennsylvanians with a disability.

§ 1.854. Written plan; goals. (a) The Secretary of the Department of Education, the Secretary of the Department of Human Services and the Secretary of the Department of Labor and Industry, working with other Commonwealth agencies or executive office officials as appropriate, will…

§ 1.855. General provisions. Nothing in this subchapter shall be interpreted to supersede or pre-empt any Federal, State or local law, regulation, rule or ordinance. This subchapter is not intended to, and does not create, any right or benefit, substantive or procedural, enforcea…

§ 1.856. Effective date. This subchapter becomes effective immediately.

§ 1.857. Termination date. This subchapter shall remain in effect until amended or rescinded by the Governor.

§ 1.861. Prohibition of discrimination and affirmation of equal employment opportunity. (a) An agency under the Governor’s jurisdiction may not discriminate against any employee or applicant for employment on the basis of race, color, religious creed, ancestry, union membership, …

§ 1.862. Definitions. The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise: Gender identity or expression—The gender-related identity, appearance, mannerisms, expression or other gender-related ch…

§ 1.863. Responsibility for implementing equal employment opportunity. (a) The Secretary of Administration shall supervise the development, implementation and enforcement of the Commonwealth’s equal employment opportunity programs through the Bureau of Workforce Planning, Develop…

§ 1.864. Cooperation by Commonwealth agencies. Agency heads and agencies, boards and commissions under the Governor’s jurisdiction shall work cooperatively with the Governor’s Office of Administration and its Bureau of Workforce Planning, Development and Equal Employment Opportun…

§ 1.865. General provisions. Nothing in this subchapter shall be construed to impair or otherwise affect the authority granted by law to an executive department, agency or the head thereof. This subchapter is not intended to, and does not, create any right or benefit, substantive…

§ 1.866. Rescission. Executive Order 2003-10, Equal Employment Opportunity, is rescinded.

§ 1.867. Effective date. This subchapter takes effect immediately.

§ 1.871. Establishment of contract compliance program. Commonwealth agencies shall establish, implement and maintain contract compliance programs to ensure that Commonwealth contracts and grants are nondiscriminatory in three aspects: (1) Nondiscrimination in the award of Commonw…

§ 1.872. Definitions. The following words and phrases when used in this subchapter have, unless otherwise defined by Commonwealth State law or the context clearly indicates otherwise, or both, the following meanings given: Gender expression—The external manifestations of gender, …

§ 1.873. Responsibilities. (a) The Department of General Services (Department) shall: (1) Develop standards for a uniform Statewide contract compliance program that ensures nondiscrimination by Commonwealth contractors and grantees. (2) Review agency contract compliance programs,…

§ 1.874. Cooperation by Commonwealth agencies. Agency heads and agencies, boards and commissions under the Governor’s jurisdiction shall work cooperatively with the Department of General Services (Department) to fulfill the demands of this subchapter. Independent agencies, State-…

§ 1.875. General provisions. Nothing in this subchapter shall be construed to impair or otherwise affect the authority granted by law to an executive department, agency or the head thereof. This subchapter is not intended to, and does not, create any right or benefit, substantive…

§ 1.876. Rescission. Executive Order 2006-02, Contract Compliance, was rescinded April 6, 2016. Source The provisions of this § 1.876 amended by Executive Order No. 2016-05 Amended, dated June 18, 2018, 48 Pa.B. 4208. Immediately preceding text appears at serial page (389560).

§ 1.877. Effective date. This amended subchapter takes effect immediately. Source The provisions of this § 1.877 amended by Executive Order No. 2016-05 Amended, dated June 18, 2018, 48 Pa.B. 4208. Immediately preceding text appears at serial page (389560).

§ 1.881. Primary duties and responsibilities. (a) Intergovernmental cooperation and coordination. The Office of Intergovernmental Affairs (Office) shall: (1) Coordinate interactions between the Commonwealth and Federal, State, county and local governments to inform the work of th…

§ 1.882. Secretary. The Governor will appoint a Secretary of the Office of Intergovernmental Affairs (Office) who shall determine the staffing requirements of the Office in accordance with policies of the Office of Administration and the Office of the Budget.

§ 1.883. Other offices within the Office of the Governor replaced. The Offices of Public Liaison, Constituent Services, and Government Affairs and Outreach within the Office of the Governor are replaced by the Office of Intergovernmental Affairs.

§ 1.884. General provisions. This subchapter will be implemented consistent with applicable law. This subchapter is not intended to, and does not create, any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the Commonwealth, its de…

§ 1.885. Effective date. This subchapter takes effect immediately.

§ 1.901. Hiring process. Commonwealth agencies under the Governor’s jurisdiction may not inquire about a job applicant’s current compensation or compensation history at any stage during the hiring process.

§ 1.902. Salary negotiation. An applicant is not prevented from volunteering information about current compensation level or salary history in negotiating a salary. However, no Commonwealth agency can request that an applicant disclose current salary or salary history information…

§ 1.903. Compensation decisions. Commonwealth agency compensation decisions for positions will be governed primarily by job responsibilities and the position’s range of compensation as well as the applicant’s knowledge, skills, competencies, experience, compensation requests or o…

§ 1.904. Position postings. All Commonwealth position postings will clearly disclose a job position’s pay scale and pay range. The Commonwealth will disclose on the employment web site that the applicant is not required to furnish current compensation or prior compensation at any…

§ 1.905. Office of Administration. The Office of Administration shall oversee implementation of this subchapter.

§ 1.906. Application. (a) Nothing in this subchapter shall be construed to contravene or supersede the following: (1) Any State or Federal law or collective bargaining agreement. (2) Any policy establishing pay scales or ranges for classes of employment. (b) This subchapter is no…

§ 1.907. Implementation. All Commonwealth agencies under the jurisdiction of the Governor shall take all steps necessary to implement this subchapter. Independent agencies, State-affiliated entities and State-related institutions are also strongly encouraged to implement this sub…

§ 1.908. Effective date. This subchapter shall take effect in 90 days.

§ 1.911. Purpose of the Office of State Inspector General. (a) To deter, detect, prevent and eradicate fraud, waste, misconduct and abuse in the programs, operations and contracting of executive agencies as provided in the Act of July 20, 2017 (P.L. 328, No. 29) (Act 29 of 2017) …

§ 1.912. Duties and responsibilities. It shall be the duty and responsibility of the Office of State Inspector General to: (a) Inspect, evaluate, investigate and review activities, records and individuals with contracts, procurements, grants, agreements and other financial arrang…

§ 1.913. General provisions. This subchapter shall be implemented consistent with applicable law. This subchapter is not intended to, and does not create, any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the Commonwealth, its d…

§ 1.914. Effective date. This subchapter shall take effect immediately.

§ 1.915. Rescission. Effective immediately, Executive Order 1987-7 is hereby rescinded.

§ 1.921. Definitions. The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise: Agency—A Commonwealth agency under the Governor’s jurisdiction. CDFI—Community development financial institutions. CODE …

§ 1.922. Responsibilities. (a) DGS shall lead and coordinate efforts with agencies to increase their participation in the Commonwealth’s SBR program. DGS shall post data on a semiannual basis for each agency’s total qualifying operational spend for SBR procurements. (b) The Secre…

§ 1.923. Pennsylvania Advisory Council for Inclusive Procurement. (a) Establishment. There is hereby established the Pennsylvania Advisory Council for Inclusive Procurement to advise the Governor’s Office and agencies on ways to improve contracting opportunities in this Commonwea…

§ 1.924. Interagency workgroup. The Secretary of General Services and the Secretary of Transportation shall designate employees of their departments to serve on an interagency workgroup to execute and report on the responsibilities set forth in § 1.922(c) (relating to responsibil…

§ 1.925. Implementation. Agencies shall take all steps necessary to implement this subchapter. This subchapter shall be implemented consistent with applicable law. This subchapter is not intended to, and does not create, any right or benefit, substantive or procedural, enforceabl…

§ 1.926. Effective date. This subchapter shall take effect immediately and shall remain in effect until amended or rescinded by the Governor.

§ 1.927. Rescission. Effective immediately, Executive Order 2015-11—Diversity, Inclusion and Small Business Opportunities in Commonwealth Procurement and in Pennsylvania’s Economy, dated September 23, 2015, is hereby rescinded. (Editor’s Note: 4 Pa. Code Chapter 1, Subchapter DDD…

§ 1.931. Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise: CODE PA—The Commonwealth Office of Digital Experience. HIRE Committee—The Hire, Improve, Recruit, Empower Committe…