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

§ 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 Executive Orders 1986-4 and 1976-2 are rescinded.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 (*) Indicates change Number of Issuance Title of IssuanceDate of Original or Latest Amendment CurrentRevisions 1973-09 Environmental Protection by State Agencies 7/13/1973 1974-11 Governor’s Interdepartmental Council on Seasonal Farmwor…

§ 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) …

§ 1.43. 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…

§ 1.441. Designation of Commonwealth coordinator. The Office of the Budget is designated to act as the Commonwealth Single Audit Coordinator. The Commonwealth Single Audit Coordinator is responsible for developing single audit policy for Commonwealth agencies and for coordinating…

§ 1.442. Agency responsibility. The head of each agency responsible for administering a Federal financial assistance program is to designate a single audit contact person to represent the agency on single audit matters. Each contact person should be in a position to make or obtai…

§ 1.45. Executive sessions. (a) Purpose. An agency may hold a meeting from which the public is excluded for one or more of the purposes in § § 1.46—1.51. (b) Attendance. An agency may admit to an executive session persons necessary to carry out the purpose of the meeting. The per…

§ 1.451. Responsibilities of the Department of General Services. The Department of General Services will do the following: (1) Develop and implement policy initiatives to substantially increase contracting and subcontracting opportunities for minority and women-owned businesses a…

§ 1.452. Responsibilities of agency heads. Agency heads under the Governor’s jurisdiction will: (1) Be responsible for ensuring that all competitive contract opportunities issued by their agency seek to maximize participation by minority and women-owned businesses and other disad…

§ 1.453. Objective. The Department of General Services (Department) will seek to increase the utilization of minority and women-owned businesses and other disadvantaged businesses in all competitive contracting opportunities. To achieve this objective, the Department will: (1) Es…

§ 1.454. Definitions. The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise: Disadvantaged business—A business that is owned or controlled by a majority of persons, not limited to members of minori…

§ 1.455. Rescission. Executive Order 1996-8, Minority and Women Business Enterprise and Contract Compliance Programs, is rescinded.

§ 1.46. Personnel matters. (a) Scope. An agency may hold an executive session to discuss a matter related to the employment, appointment, termination of employment, evaluation of performance, promotion or disciplining of a specific prospective, current or former public officer or…

§ 1.47. Labor relations. (a) Scope. An agency may conduct an executive session to hold information, strategy and negotiation sessions related to the negotiation or arbitration of a collective bargaining agreement or, in the absence of a collective bargaining unit, related to labo…

§ 1.472. Program objectives. (a) The objectives of the Upper Delaware Federal Scenic River designation are to: (1) Protect and maintain the unique scenic, cultural and natural qualities of the Upper Delaware River corridor including its rare and endangered plant and animal specie…

§ 1.473. Upper Delaware Council. The Secretary of the Department of Conservation and Natural Resources is the Commonwealth’s appointed representative to the Upper Delaware Council.

§ 1.474. Cooperation by State agencies. (a) The Department of Conservation and Natural Resources is the single State agency to receive and administer Federal grants for implementing the management program of the Upper Delaware Federal Scenic River. (b) The Department of Conservat…

§ 1.475. Force and effect. This subchapter shall remain in effect as long as the Upper Delaware Scenic River Management Plan is in effect.

§ 1.476. Rescission. Executive Order 1989-2 is rescinded.

§ 1.48. Purchase or lease of property. (a) Scope. An agency may conduct an executive session to consider the purchase or lease of real property up to the time an option to purchase or lease the real property is obtained or up to the time an agreement to purchase or lease the prop…

§ 1.481. Development and implementation. The Secretary of General Services shall, with the guidance and assistance of the Secretary of the Budget, proceed with the development and implementation of a Master Leasing Program.

§ 1.482. Implementation by secretaries. The program shall be implemented by directives, statements of policy, rules and regulations that the secretaries promulgate.

§ 1.483. Information to administrative agencies. The directives, statements of policy, rules and regulations shall provide information to Commonwealth administrative agencies on the benefits and requirements of the Master Leasing Program.

§ 1.484. Cooperation by agencies. Commonwealth administrative agencies shall fully cooperate with, and provide requested information and documentation, on a priority basis, to the Department of General Services, the Office of the Budget, and the attorneys, financial advisor, mast…

§ 1.485. Periodic payments required. Commonwealth administrative agencies shall make periodic payments in a timely manner for equipment acquired through the Master Leasing Program.

§ 1.486. Compliance required; exceptions. No Commonwealth administrative agency may arrange for financing of equipment leases or installment purchases, except through the Department of General Services’ Master Leasing Program. Exceptions to this policy shall be granted, in writin…

§ 1.49. Consultation with professional advisors. (a) Scope. An agency may hold an executive session to consult with its attorney or other professional advisor in connection with litigation or with issues upon which identifiable complaints are expected to be filed. Other professio…

§ 1.5. Office hours. (a) Under sections 221 and 709(d) of The Administrative Code of 1929 (71 P.S. § § 81 and 249(d)), the Executive Board has, in a resolution dated September 26, 1985, determined the hours when the central administrative offices of State Government are to be ope…

§ 1.50. Privileged, confidential, investigatory and quasi-judicial matters. (a) Privileged matters. An agency may conduct an executive session to review and discuss agency business which, if conducted in public would violate a lawful privilege including, but not limited to, confi…

§ 1.51. Academic admission or standing. The constituted committees of a board or council of trustees of a State-owned, State-aided or State-related college or university or community college or the Board of Governors to the State System of Higher Education may hold executive sess…

§ 1.52. Minutes. (a) Content. Written minutes of open meetings shall contain the following information: (1) The date, time and place of the meeting. (2) The names of members present. (3) The substance of official actions and a record by individual members of the roll call votes t…

§ 1.53. Notice. (a) Publication. In accordance with procedures established by the Department of General Services, an agency shall publish notice of the place, date, time and purpose of an open meeting in a newspaper of general circulation, as defined by 45 Pa.C.S. § 101 (relating…

§ 1.531. Responsibilities of Commonwealth agencies. 1. Commonwealth agencies shall seek to provide maximum practicable opportunities for small disadvantaged businesses to compete for contracts and grants and to participate as contractors, professional service providers, subcontra…