Pennsylvania Administrative Code

BULLETIN § 3.11. Bulletin constitutes official gazette. Section 724 of 45 Pa.C.S. (relating to preliminary publication in Pennsylvania Bulletin) provides that the Bulletin is the official gazette of the Commonwealth of Pennsylvania. Cross References This section cited in 1 Pa. Co…

§ 3.12. Citation of Bulletin. Sections 506 and 507 of 45 Pa.C.S. (relating to judicial notice; and form of citation) provides that without prejudice to another mode of citation the Bulletin may be cited by volume and page number. The approved short form of citation to the Bulleti…

§ 3.13. Contents of Bulletin. (a) Except as provided in subsection (b), the following documents shall be published in the Bulletin: (1) Documents or classes of documents required by a statute other than the act to be published in the Bulletin. A compendium of the statutes is set …

§ 3.14. Frequency of publication of Bulletin. The Bulletin shall be published at least once a week and shall contain previously unpublished documents required to be published by § 3.13 (relating to contents of Bulletin) which are filed by the Bureau prior to the closing date and …

§ 3.2. Annotations to judicial decisions citing Code. The Bureau shall secure by contract and incorporate into the permanent supplements to the Code annotations relating to classes of documents published in the Code except rules of court.

FORMAT OF BULLETIN § 3.21. General. Documents published in the Bulletin shall be arranged under seven principal headings in the following order: (1) The Governor. (2) The General Assembly. (3) The Courts. (4) Rules and regulations. (5) Proposed rulemaking. (6) Statements of Polic…

§ 3.22. The Governor. There shall be published under this heading proclamations, executive orders and gubernatorial regulations. Cross References This section cited in 1 Pa. Code § 3.26a (relating to statements of policy); and 1 Pa. Code § 3.27 (relating to notices).

§ 3.23. The General Assembly. There shall be published under this heading material relating to the organization or operation of the General Assembly and the legislative process. Cross References This section cited in 1 Pa. Code § 3.26a (relating to statements of policy); and 1 Pa…

§ 3.24. The Courts. There shall be published under this heading material relating to the organization or operation of the judicial branch and the judicial process. Cross References This section cited in 1 Pa. Code § 3.26a (relating to statements of policy); and 1 Pa. Code § 3.27 …

§ 3.25. Rules and regulations. There shall be published under this heading notices of final rulemaking submitted under section 202 or 204 of the act (45 P. S. § 1202 or 1204). Authority The provisions of this § 3.25 amended under section 506 of The Administrative Code of 1929 (71…

§ 3.26. Proposed rulemaking. There shall be published under this heading general notices of proposed rulemaking submitted under section 201 of the act (45 P. S. § 1201) or under other statutes, and similar notices voluntarily deposited by the issuing agency. Cross References This…

§ 3.26a. Statements of policy. There shall be published under this heading proposed or final statements of policy which are permanent and general in nature, and other documents not published under § § 3.22—3.26 (relating to the Governor; the General Assembly; the courts; rules an…

§ 3.27. Notices. There shall be published under this heading documents not falling within the provisions of § § 3.22—3.26a (relating to the Governor; the General Assembly; the courts; rules and regulations; proposed rulemaking; and statements of policy). These documents include: …

§ 3.29. Subject indexes. (a) The table of contents of an issue of the Bulletin required by 45 Pa.C.S. § 724 (relating to preliminary publication in Pennsylvania Bulletin) shall be indexed according to the names of the issuing agencies. (b) The cumulative index to the Bulletin req…

§ 3.3. Periodic supplementation of Code; index. (a) At least once a year documents required to be codified in the Code by § 3.1 (relating to contents of Code) which have been filed in the Bureau shall be permanently integrated into the Code by the publication and distribution of …

§ 3.30. Numerical finding aids. (a) An issue of the Bulletin shall carry a numerical list of the sections of the Code expressly affected by the documents published in the issue. Beginning with the second issue of a quarter, an issue shall also carry a cumulated list of the sectio…

§ 3.31. Publication of official synopsis in lieu of full text. (a) The Bureau may publish an official synopsis of a document in the Bulletin in lieu of the full text thereof in a case where the full text of the document will be published under § 3.3 (relating to periodic suppleme…

§ 3.32. Details of format of Bulletin. (a) Under 45 Pa.C.S. § § 724 and 903 (relating to preliminary publication in Pennsylvania Bulletin; and effective date of documents) the closing date and hour of an issue of the Bulletin shall appear on the first page of an issue; that an is…

GENERAL § 3.41. Matter not required to be published. (a) Incorporation by reference. Whenever a document incorporates by reference a portion of the text of the following publications, the Bureau, unless the agency specifies otherwise in its order adopting the document, shall omit…

§ 3.42. Matter not permitted to be published. Under 45 Pa.C.S. § 728 (relating to matter not permitted to be published), no press release, speech or other comments or news material may be published under this part.

§ 3.43. Matter other than documents. The act authorizes and requires the publication of certain ‘‘documents’’ as defined in 45 Pa.C.S. § 501 (relating to definitions), and does not authorize or require the publication of materials which do not come within that definition.

§ 3.44. General permission to reproduce content of Code and Bulletin. Information published under this part, which information includes, but is not limited to, cross references, table of cases, notes of decisions, tables of contents, indexes, source notes, authority notes, numeri…

§ 301.1. Definitions. The following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise: Act—The Regulatory Review Act (71 P.S. § § 745.1—745.14). Agency—As defined in section 3 of the act (71 P.S. § 745.3). Blackou…

§ 301.2. Regulation files. (a) The Commission will retain regulation files for no less than the time period in the following schedule: (1) Promulgated regulations. Four years after the date of promulgation. (2) Withdrawn or deemed withdrawn regulations. Four years after the date …

§ 301.3. Determination of date and time of delivery of comments and documents. (a) The Commission will determine the date and time of delivery of comments and documents as follows: (1) E-mail. The time and date of receipt by the Commission as indicated on the Commission’s compute…

§ 301.4. Expiration of time period for delivery of regulations or reports. (a) The time period for an agency to deliver a regulation or report to the Commission or a committee will end on the first business day after the expiration day established in the act or this part if the e…

§ 301.5. Expiration of Commission review period. (a) The Commission review period will end on the first business day after the expiration day established under the act or this part if the expiration day is one of the following: (1) A legal holiday. (2) Declared a holiday by the O…

§ 301.6. Delivery of a regulation to a committee other than the committee designated to review the agency’s regulation. (a) Immediately upon discovery that the agency has delivered a regulation to a committee other than the committee designated to review its regulations, the agen…

§ 301.7. Withdrawal of a regulation. (a) If an agency withdraws or is deemed to have withdrawn a regulation, the Commission and the committees will cease their review of the regulation and will not take further action on the regulation. (b) If the agency withdraws a proposed regu…

§ 301.8. Agency contact person. An agency may notify the Commission, in writing, of the name, title, address, e-mail address, telephone number and facsimile number of a single agency representative or office designated to receive comments, orders, embargoed material and other doc…

§ 301.9. Procedure for public hearings. (a) The Commission may schedule public hearings on any matter before the Commission, including those that are related to a proposed, a final or an existing regulation under review. (b) Notice of a public hearing will be published in accorda…

§ 303.1. Notice of Commission public meetings; participation; minutes. (a) The Commission will give notice of public meetings in accordance with the Sunshine Act. (b) The Commission will deliver notice of a public meeting to the committees and agencies whose regulations are on th…

§ 303.2. Blackout period. (a) During the blackout period, Commissioners and Commission staff may contact or request information from any person regarding the substance of a regulation on the Commission’s public meeting agenda. (b) During the blackout period, the Commission will c…

§ 303.3. Quorum. (a) For purposes of conducting official business, three Commissioners shall be physically present to constitute a quorum. (b) Once a quorum is established, Commissioners who subsequently leave the meeting may continue to participate in meetings and vote on regula…

§ 303.4. Proxy voting. (a) A Commissioner may vote by proxy on any issue before the Commission, including the approval or disapproval of a regulation, if the following conditions are met: (1) Except as set forth in subsection (b), the proxy shall be in writing, signed by the Comm…

§ 305.1. Delivery of a proposed regulation. (a) The agency shall deliver a proposed regulation to the LRB, the committees and the Commission on the same date. (b) The agency shall include the following material with the regulation: (1) A completed regulatory analysis form. (2) A …

§ 305.1a. Formatting the text of a proposed regulation. (a) Proposed amendments to an existing regulation shall be illustrated as follows: (1) Brackets to indicate language proposed to be deleted. (2) Underscoring or bolding to indicate new language proposed to be added. (b) The …

§ 305.2. Delivery of comments and information by an agency; notification to commentators. (a) From the date of delivery of the proposed regulation until the date the Commission takes final action on the regulation, the agency shall deliver to the Commission and committees copies …

§ 305.3. Commission comments. (a) Within 30 days after the close of the public comment period, the Commission may deliver Commission comments to the agency and the committees. The Commission will calculate its review period as beginning on the day after the expiration of the publ…

§ 307.1. Two-year period for promulgation. If an agency does not deliver, or withdraws and does not resubmit, a final-form regulation within 2 years of the close of the original, extended or reopened public comment period for the proposed regulation, the agency is deemed to have …

§ 307.2. Delivery of a final-form regulation. (a) The agency shall deliver a final-form regulation to the committees and the Commission on the same date. (b) On the same date that the agency submits the regulation to the committees and the Commission, the agency shall send, by fi…

§ 307.3. Delivery of a final-omitted regulation. (a) The agency shall deliver a final-omitted regulation to the committees, the Attorney General and the Commission on the same date. (b) The agency shall include the following documents with the regulation: (1) A completed regulato…

§ 307.3a. Formatting the text of a final regulation. (a) When preparing and formatting the text of the final-form regulation, the agency shall use as its source document the proposed regulation as published by the LRB in the Pennsylvania Bulletin. (b) If the proposed regulation w…

§ 307.4. Amending by withdrawing the regulation or tolling the review period. After delivery of a final regulation to the Commission and committees, an agency may revise the regulation only if it does either of the following: (1) Withdraws the final regulation in compliance with …

§ 307.5. Tolling the review period. (a) The agency may toll the review period for up to 30 days only to consider revisions recommended by a committee or the Commission in compliance with section 5.1(g) of the act (71 P. S. § 745.5a(g)). (b) If the agency decides to toll the revie…

§ 307.6. Time period for Commission review of a final regulation. (a) The Commission may not act on a final regulation until the expiration of the time for committee review under section 5.1(j.1) of the act (71 P. S. § 745.5a(j.1)). (b) The Commission may have until its next sche…

§ 309.1. Commission and committee action on a final regulation. (a) The Commission may approve or disapprove a final regulation by majority vote of members participating. (b) If a committee does not take action on a regulation under section 5.1(j.2) or (j.3) of the act (71 P.S. §…

§ 309.2. Committee disapproval or notification of intent to review/Commission approval of a final regulation. (a) A committee may notify the Commission and the agency that it has disapproved a regulation or that it intends to review the regulation, in accordance with section 5.1(…

§ 31.1. Scope of part. (a) This part governs the practice and procedure before agencies of the Commonwealth except as otherwise provided in this section. (b) This part is not applicable to a proceeding before an agency to the extent that the applicable statute governing or author…

§ 31.11. Timely filing required. 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 th…