Pennsylvania Administrative Code

§ 256.7. State set local share ratio. The following categories shall be utilized for purposes of funding and for the match in the State/local share ratio: 101 Single County Authority (a) Administration…90/10 (b) Training…90/10 (c) Research…90/10 (d) Evaluation…90/10 102 Preventio…

§ 256.8. Match. The match is the county obligation or the local share in the State/local share ratio which is comprised of: (1) Local tax revenues (includes Federal revenue sharing). (2) Private or civic funds directly received by local authorities; but (3) May not include one of…

§ 256.9. Maintenance of effort. The local authorities or their contractors or both shall certify that the funds supported by Act 63 do not replace or supplant, in any way, the match for already existing services. Local authorities or their contractors or both shall certify that t…

§ 257.1. Statement of policy. The Council has chosen to adopt a comprehensive prevention strategy to deal with drug and alcohol problems. Single County Authorities shall provide comprehensive services in their counties. These services shall include programs for prevention, interv…

§ 257.3. SCA program strategy. Each SCA shall be required to submit an annual plan providing for prevention, intervention, and treatment programs. Each SCA shall specify the service units to be provided by the program and the funds to be allocated for implementing the plan. Furth…

§ 257.4. Case management. (a) Statement of policy. As a component of the Comprehensive Drug and Alcohol Treatment and Prevention Plan, each SCA shall, in cooperation with service providers, develop a plan for the provision of a case management system for all individuals entering …

§ 257.5. Activities authorized by the State Plan. The types of activities authorized to be implemented by Single County Authorities are shown in Appendix E of this part.

§ 258.1. Council on Drug and Alcohol Abuse. (a) The Council will serve as the central coordinating agency for all drug and alcohol programs. It will supervise the delivery or funding of drug or alcohol prevention, intervention, and treatment services by all other State agencies. …

§ 258.2. The Department of Public Welfare. (a) The Department of Public Welfare, acting through its Office of Medical Programs and in concert with the Council, shall have the responsibility for funding drug and alcohol medical treatment programs as authorized by the State and Fed…

§ 258.3. The Department of Education. The Council, acting in concert with the Department of Education, will prepare drug and alcohol abuse curricula for the primary and secondary schools of the Commonwealth. Source The provisions of this § 258.3 amended June 15, 1979, effective J…

§ 258.4. The Department of Labor and Industry. The Department of Labor and Industry, acting through its Bureau of Vocational Rehabilitation (BVR), and in accordance with the Agreement of 1974 between BVR and the Council, shall provide to all drug and alcohol abusers referred by t…

§ 258.5. The Pennsylvania Board of Probation and Parole. The Council will determine with the cooperation of the Board of Probation and Parole, special counseling services to be provided to those persons under the supervision of the Board of Probation and Parole, who have a histor…

§ 258.6. The Department of Justice. (a) The Department of Justice, acting through the Governor’s Justice Commission and in concert with the Council, shall provide supplementary grants to establish special training for persons in the Criminal Justice System concerned with drug and…

§ 260.1. Statement of policy. Act 63 mandates that emergency medical and rehabilitation services shall be made available within State and county correctional facilities. The Council will establish demonstration projects to carry out this mandate.

§ 260.2. Detoxification in Commonwealth and county institutions. (a) The Council will establish a task force on drug and alcohol abuse detoxification and treatment within the correctional system. This task force will prepare and distribute a protocol for providing such detoxifica…

§ 260.3. Demonstration projects in the county and Commonwealthcorrectional facilities. (a) State and county correctional facilities are authorized to establish two modalities of treatment within such institutions. These modalities are the following: (1) Inpatient, nonhospital, dr…

§ 260.4. Criminal justice alternatives to incarceration. (a) Section 6 of Act 63 (71 P. S. § 1690.106), provides for the establishment and use of community based drug and alcohol abuse treatment services for the drug or alcohol offender. This section further provides that appropr…

§ 261.1. Statement of policy. The Commonwealth is deeply committed to dealing with the problem of drug abuse through intensive and coordinated law enforcement approaches which shall be aimed primarily at the major manufacturers, distributors and sellers of controlled substances s…

§ 261.2. Office of Drug Law Enforcement. (a) There shall be established within the Department of Justice, the Office of Drug Law Enforcement. The chief of that office shall be the Special Deputy Attorney General for Drug Control and Enforcement. He shall report directly to the At…

§ 261.3. Strike forces. (a) There shall be established eight mobile strike forces to operate within the 67 counties of this Commonwealth. (b) These strike forces shall be composed of agents from the Bureau of Drug Control and the State Police. Each team shall be headed by two gro…

§ 261.4. Local law enforcement programs. The strike forces shall make an effort to recruit from local government, officers who shall serve on the strike forces and be provided special narcotics training.

§ 261.5. Criminal compliance. The Office of Drug Law Enforcement, through the Bureau of Drug Control, shall have a Division of Criminal Compliance which shall supervise compliance with appropriate State and Federal regulations of dispensers of controlled substances, other drugs a…

§ 261.6. Financial investigations. There shall be established within the Office of Drug Law Enforcement a Financial Investigations Unit. Its function shall be to identify and investigate the finances of those high-level, illicit drug dealer profiteers operating within this Common…

PRELIMINARY PROVISIONS § 265.1. Purpose and scope. (a) An aggrieved party shall process its grievance in accordance with the provisions of this chapter. An aggrieved party means any person, organization, or project funded directly by the SCA under a written contract and adversely…

§ 265.2. Level I review. (a) An aggrieved party shall initially be entitled to a review of the SCA’s decision conducted by the SCA at an informal hearing, upon request of the aggrieved party. This informal review shall take place no later than 30 days following the SCA’s decision…

§ 265.3. Level II hearings. (a) An aggrieved party appealing a Level I review shall be entitled to a hearing at Level II. This appeal shall be filed no later than 30 days following the Level I review. (b) Upon written request of the aggrieved party, the Board of County Commission…

§ 265.4. Appeals—Level III. (a) An appeal from the decision of the County Commissioners or the appropriate governing body shall be to the Council. Such appeal shall be in writing and shall be filed with the Council within 20 days following written receipt of the County Commission…

§ 265.5. Appeals—Level IV. Any further appeals shall be taken to Commonwealth Court in accordance with the provisions of 2 Pa.C.S. § § 701—704 (relating to judicial review of Commonwealth agency action).

§ 265.6. Costs. Each party will bear its own costs; the cost of the appeal is not eligible for reimbursement with funds of the Council.

§ 265.7. Compliance. In cases where a party violates the provisions of this chapter, the Council or hearing examiner may: (1) Deny or dismiss the hearing depending on the degree of the violation; or (2) Reach a disposition of the matter based upon the evidence then before it.

§ 3.1. Objective. The objective of this subchapter is to provide, in accordance with the Emergency Interim Executive and Judicial Succession Act of 1959 (71 P. S. § § 779.1—779.12), that in the event of enemy attack upon the United States there will be immediately available desig…

§ 3.2. Definition of ‘‘state officers.’’ The term ‘‘state officers’’ when used in this subchapter shall mean the heads of the following administrative departments: (1) Agriculture. (2) Banking. (3) Commerce. (4) Community Affairs. (5) Education. (6) Environmental Resources. (7) G…

§ 3.21. Purpose. The purpose of this subchapter is to assign, in accordance with the provisions of the Pennsylvania Emergency Management Services Act of 1978 (P.L. 1332) emergency management responsibilities to Commonwealth departments and agencies for the mitigation of, prepared…

§ 3.22. Policy. To avoid duplication of services and in order to most effectively utilize the services and facilities of existing offices, departments, commissions, boards, bureaus and other agencies of the Commonwealth for emergency management activities, the Pennsylvania Emerge…

§ 3.23. Procedures. (a) Heads of agencies tasked with emergency management responsibilities shall designate one or more emergency representatives and shall insure that assigned responsibilities are fulfilled. Persons designated as emergency representatives shall have authority to…

§ 3.24. General responsibilities. (a) Commonwealth departments and agencies shall be responsible for emergency management activities for Commonwealth offices and installations as follows: (1) General protection. Develop emergency action plans for fire, flood, evacuation or other …

§ 3.25. Specific responsibilities. (a) Department of Aging. The Department of Aging shall have the following responsibilities: (1) Mitigation activities. Mitigation activities shall include the following: (i) Assure that information on flood insurance is disseminated to the elder…

§ 3.3. Designation by title and order. (a) State Officers shall designate emergency interim successors by position title and in order of succession. (b) Where position titles are identical, they shall be supplemented by the names of the individuals currently occupying the positio…

§ 3.4. Rules for designations. State Officers shall, in addition to a deputy authorized under law to exercise all of the powers and discharge the duties of the office, designate three emergency interim successors who shall be full-time, salaried employes of their respective depar…

§ 3.5. Recording and revising designations. (a) Each State Officer shall record designations of emergency interim successors on Form OA-276, Designation of Emergency Interim Successors to State Officers. The form shall be prepared in quadruplicate and distributed as follows: orig…

§ 3.6. Announcing designations. Each successor is to be informed of the designation and of his order of succession. This information is to be disseminated within agencies and is to be made available to the public upon request. Source The provisions of this § 3.6 adopted May 19, 1…

§ 3.7. Exercise of power by emergency interim successors. An emergency interim successor shall exercise power and authority only as authorized by section 5 of the Emergency Interim Executive and Judicial Succession Act of 1959 (71 P.S. § 779.5). Source The provisions of this § 3.…

§ 39.1. Criminal cases. (a) The Commonwealth will not provide an attorney to defend a present or former official or employe in a criminal case arising from acts or omissions occurring while in the service of the Commonwealth. If it is determined by the General Counsel or the Gene…

§ 39.11. Purpose. This subchapter establishes the guidelines, policies and procedures of the General Counsel and the Office of General Counsel regarding matters governed by Subchapter A (relating to defense of suits against Commonwealth employes). This subchapter should be read i…

§ 39.12. Criminal cases. (a) Reporting of cases. (1) Subject to § 39.14 (relating to independent agencies), when a current or former member, official or employe of the executive branch of the Commonwealth is charged with a crime or is otherwise the subject of a criminal investiga…

§ 39.13. Civil cases. (a) Reporting of cases. In the case of a current or former member, official or employe of the executive branch of the Commonwealth sued in his personal capacity in a civil action, the reporting requirements are set forth in § 39.4 (relating to employe respon…

§ 39.14. Independent agencies. (a) Purpose and scope. (1) Under sections 216 and 709(f) of The Administrative Code of 1929 (71 P. S. § § 76 and 249(f)), the Executive Board has authority to make rules and regulations defining the expenses incurred in the performance of public dut…

§ 39.2. Civil cases involving unintentional conduct. When a Commonwealth official or employe is sued in his official or individual capacity for alleged negligence or other unintentional misconduct occurring while in the scope of employment, the Commonwealth will provide a defense…

§ 39.3. Civil cases involving intentional or malicious conduct. (a) Good faith in exercise of authority. Regardless of the allegations made against the defendant, if it appears to the General Counsel or to the General Counsel’s designee that the defendant’s conduct giving rise to…

§ 39.31. Secretary of Executive Board. The Secretary of Administration is designated Secretary of the Executive Board and is to provide the necessary staff support to review, analyze, recommend actions and coordinate the origination, processing and control of Executive Board matt…