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

§ 1.295. [Reserved]. Source The provisions of this § 1.295 adopted by Executive Order No. 1979-11, dated September 12, 1979, 9 Pa.B. 3455; amended by Executive Order No. 1987-7, dated April 6, 1987, 17 Pa.B. 1661; reserved by Executive Order No. 2020-01, dated January 2, 2020, 50…

§ 1.296. [Reserved]. Source The provisions of this § 1.296 adopted by Executive Order No. 1987-7, dated April 6, 1987, 17 Pa.B. 1661; reserved by Executive Order No. 2020-01, dated January 2, 2020, 50 Pa.B. 902. Immediately preceding text appears at serial page (380677).

§ 1.3. Responsibility. (a) The Secretary of Administration is responsible for operating the Directives Management System. Those responsibilities include the issuance of detailed instructions for operation of the system, ensuring that communications are reviewed for completeness a…

§ 1.311. Definition. Life Cycle Costing is a method of calculating the total cost of ownership of an acquisition over its life span. It includes initial cost and expected subsequent costs of significance, as well as disposal value and another quantifiable benefits to be derived.

§ 1.312. Adoption. The methodology of Life Cycle Costing is hereby adopted for acquisitions which will require substantial operating and maintenance costs over their life spans.

§ 1.313. Implementation. The Department of General Services is responsible for developing, implementing, and coordinating a Life Cycle Costing procedure for acquisitions which will require substantial operating and maintenance costs. Life Cycle Costing shall be applied to the fol…

§ 1.321. Responsibilities. (a) The Department of General Services is responsible for: (1) The central management of the allocation of Commonwealth-owned and leased space and shall have all necessary authority to do so properly. (2) Maintaining an inventory of all Commonwealth-own…

§ 1.322. Compliance by State agencies. Administrative departments, boards and commissions shall: (1) Comply with sections 508 and 2402(a) of The Administrative Code of 1929 (71 P. S. § § 188 and 632(a)) and 62 Pa.C.S. § 322 (relating to specific construction powers, duties and pr…

§ 1.323. Requests for space. Agency heads are responsible for requesting additional space, if needed, or for renewing leases. To request additional space or to renew a lease, alternatives to doing so should be reviewed by agency heads, including the possibility of consolidations …

§ 1.324. Department relationship with other agencies. To implement the purpose of this subchapter, the Department of General Services may request and receive from any department, board, commission or any other agency under the jurisdiction of the Governor, cooperation, informatio…

§ 1.325. Effective date. This subchapter is effective immediately.

§ 1.326. Termination date. This subchapter will remain in effect unless revised or rescinded by the Governor.

§ 1.327. Rescission. Executive Order 1991-2, Utilization of Commonwealth-Owned and Leased Space, is rescinded.

§ 1.331. [Reserved].

§ 1.332. [Reserved]. Notes of Decisions Approval of the Secretary The signatures of the Secretary of the Budget and the Comptroller of the Pennsylvania Liquor Control Board (LCB) were not required for the formation of a valid and enforceable contract between the warehouser/distri…

§ 1.35. Purpose of the State Center of Health Statistics and Research. In addition to serving as the focal point for coordinating the collection, analysis and dissemination of health data, the State Center for Health Statistics and Research shall: (1) Provide statistical support …

§ 1.351. Purpose. (a) To provide a comprehensive evaluation, referral and treatment system to address the abuse of alcohol and other controlled drugs, and emotional, family, financial, marital and other personal problems which adversely affect the employe’s personal life or job p…

§ 1.352. Duties and responsibilities. (a) The Office of Administration, Bureau of Personnel, shall be responsible for the administration of this Program. (b) The Secretary of Administration shall develop and publish directives to implement this subchapter. The directives are to d…

§ 1.353. Rescission. Executive Order 1991-6, State Employe Assistance Program, is rescinded.

§ 1.36. Cooperation by State agencies. Agencies under the jurisdiction of the Governor shall cooperate and provide information to the State Center for Health Statistics and Research in the performance of its functions.

§ 1.361. Designated State agency. (a) The Department of Environmental Protection is designated as the lead agency for implementing and administering the Federal Coastal Zone Management Program for the Commonwealth of Pennsylvania. (b) The Department of Environmental Resources sha…

§ 1.362. Program objectives. (a) The objectives of the Pennsylvania Coastal Zone Management Program are to: (1) Identify and evaluate those coastal resources requiring management or protection by the State. (2) Reexamine existing policies or develop new policies to manage these r…

§ 1.363. Coastal Zone Advisory Committee. (a) The Committee shall be comprised of representatives designated by the heads of the following agencies: (1) Department of Commerce. (2) Department of Community Affairs. (3) Department of Environmental Protection. (4) Department of Tran…

§ 1.364. Cooperation by State agencies. (a) To the maximum extent permitted by law, administrative departments, independent administrative boards and commissions and other State agencies shall, upon Federal approval of the Pennsylvania Coastal Zone Management Program, enforce and…

§ 1.365. Force and effect. This Executive Order shall remain in full force and effect as long as monies are available for the management of the Pennsylvania Coastal Zone Management Program.

§ 1.37. Rescissions. Executive Orders 1986-4 and 1976-2 are rescinded.

§ 1.371. General requirements. In the drafting and promulgating of new regulations and the application and review of existing regulations, agencies shall adhere to the following principles: (1) Regulations shall address a compelling public interest. (2) The costs of regulations m…

§ 1.372. Evaluation of existing regulations. (a) Existing regulations shall be reviewed by agencies for consistency with the principles in § 1.371 (relating to general requirements). Regulations that are inconsistent with these principles shall be considered for amendment or repe…

§ 1.373. Predrafting and drafting guidelines. (a) Before drafting a regulation, agencies, when practical, shall undertake extensive public outreach to those who are likely to be affected by the regulation. Creating advisory committees, using regulatory negotiation and developing …

§ 1.374. Review by Governor’s Office. (a) Prior to submitting a proposed rulemaking, the agency head shall evaluate each regulation and attest to the fact that the regulation addresses a compelling public need that can be best remedied by the promulgation of the regulation. (b) T…

§ 1.375. Nonregulatory documents. (a) Nonregulatory public documents such as internal guidelines, policy statements, guidance manuals, decisions, rules and other written materials that provide directives, guidance or other relevant compliance-related information to the public sha…

§ 1.376. Petitions. To further the goal of greater public participation in the regulatory process, individuals, groups and businesses are encouraged to use the regulatory petition process outlined in 1 Pa. Code § 35.18 (relating to petitions for issuance, amendment, waiver or del…

§ 1.377. Continual review of regulations. Regulations shall be reviewed in accordance with the review schedule published annually by each agency. As part of its review, the agency shall determine whether the regulation continues to effectively fulfill the goals for which it was i…

§ 1.378. Regulatory agendas. Semiannually, on February 1 and July 1, each agency head shall submit to the General Counsel, the Secretary of the Budget and the Governor’s Policy Office Director, for publishing in the Pennsylvania Bulletin, an agenda of regulations under developmen…

§ 1.379. Exemptions. The procedure prescribed by this subchapter does not apply to: (1) Emergency regulations as defined in the Regulatory Review Act (71 P. S. § § 745.1—745.15). (2) A regulation for which consideration or reconsideration under the terms of this subchapter would …

§ 1.380. Applicability. (a) This subchapter applies to all agencies under the jurisdiction of the Governor’s Office. (b) This subchapter is intended only to improve the internal management of executive agencies and is not intended to create a right or benefit, substantive or proc…

§ 1.381. Effective date. This subchapter is effective immediately.

§ 1.382. Rescission. Executive Order 1982-2 is rescinded.

§ 1.3a. Rescission. Executive Order 1974-7, published at 6 Pa.B. 2640 (October 23, 1976), is rescinded. Source The provisions of this § 1.3a adopted by Executive Order No. 2001-1, dated February 13, 2001, 31 Pa.B. 1455.

§ 1.4. Index of Issuances. Executive Orders 1970—1979 (*) Indicates changeNumber ofIssuanceTitle of IssuanceDate of Original or LatestAmendmentCurrentRevisions 1973-09 Environmental Protection by State Agencies 7/13/1973 1974-11 Governor’s Interdepartmental Council on Seasonal Fa…

§ 1.401. [Reserved].

§ 1.41. Requirements. (a) General provisions. A meeting of an agency at which official action or deliberations by a quorum of the members of an agency take place shall be open to the public unless exempt from this subchapter or closed for an executive session. The agencies offici…

§ 1.42. Agencies. (a) General provisions. This subchapter applies to an agency of the executive branch of the government of the Commonwealth which: (1) Is created by or under a statute. (2) Performs, or has for its purpose the performance of essential governmental functions. (3) …

§ 1.421. [Reserved].

§ 1.43. Official action. (a) Covered activities. Official action by a quorum of the members of an agency shall be subject to this subchapter if the members of the agency at a meeting vote or otherwise make a decision regarding one of the following: (1) The adoption of recommendat…

§ 1.431. Secretary and Department head responsibilities. (a) Budget Secretary. The Secretary of Budget shall be responsible for: (1) Developing and installing accounting and financial reporting systems that will be in adherence with GAAP and that will: (i) Demonstrate compliance …

§ 1.44. Deliberations. (a) Scope. Deliberations by a quorum of the members of an agency shall be subject to this subchapter if the members of the agency discuss agency business for the purpose of making a decision. (b) Presumption. It shall be presumed that whenever a quorum of a…