Pennsylvania Administrative Code

§ 39.4. Employe responsibility. (a) The Commonwealth will not provide a defense to an official or employe whose failure to notify the Commonwealth promptly of a suit or prosecution brought against him has jeopardized the defense of the case, and the Commonwealth will not indemnif…

§ 39.5. Independent constitutional offices. (a) With respect to officials and employes of the Office of Attorney General, the Department of Auditor General and the Treasury Department, the responsibilities assigned by this subchapter to the General Counsel shall be performed resp…

§ 39.6. Applicability. To the extent a collective bargaining agreement in effect on March 9, 1996, refers to or incorporates this subchapter, these amendments published as Pa.B. Doc. No. 96-339 and codified at Pennsylvania Code serial page (212453) would not apply to or change th…

§ 39.91. Purpose. The purpose of this subchapter is to establish rules for the use of State automobiles by State officers and employes.

§ 39.92. Applicability. State officers and employes, except those in the Department of Auditor General and the Treasury Department, are subject to the provisions contained in this subchapter as to the use of State automobiles.

§ 39.93. General. (a) The Department of General Services (Department) may assign to any department, board, or commission such automobiles as may be required by it for full-time daily use, and such automobiles shall be operated by employes of such departments, boards, or commissio…

§ 39.94. Definitions. The following words and terms, when used in this subchapter, have the following meanings: Agency—The Governor; an administrative department, board or commission; an officer; departmental administrative board or commission; an authority; or another agency of …

§ 39.95. Operation of State automobiles. (a) State automobiles shall be operated only by properly licensed and responsible State employes or officers. They shall be operated at all times in accordance with the provisions of the Vehicle Code or other applicable regulations, laws a…

§ 39.96. Use of personal automobiles. The use of personal automobiles shall be governed by issuances of the Directives Management System. Section 2407 of The Administrative Code of 1929 (71 P. S. § 637) permits reimbursement to a State officer or employe for the use of his own au…

§ 39.97. Insurance coverage. (a) The Commonwealth provides excess liability insurance coverage for employes who use their personal vehicles for travel in the conduct of official Commonwealth business. Excess means that any other valid and collectible insurance will be primary. Th…

§ 39.98. Permanent assignments. (a) State officers, cabinet officers, deputy secretaries of administrative departments and members of the Governor’s staff of equivalent rank may retain assigned automobiles in their possession at all times. Proper judgment must be exercised in the…

§ 39.99. Powers of the Secretary of General Services. (a) In times of emergency, the Secretary of General Services may temporarily waive such parts of this subchapter as are necessary to properly respond to the emergency. (b) Where authority has been granted in this subchapter, t…

§ 40.1. Purpose. This chapter establishes policies and defines reimbursable expenses of Commonwealth officers and employes subject to section 216 of The Administrative Code of 1929 (71 P.S. § 76).

§ 40.13. Categories of reimbursable expenses. Subject to limitations or conditions which may be imposed from time to time under this chapter, the following categories of expenses are reimbursable: (1) All modes of transportation are authorized consistent with and appropriate to t…

§ 40.3. General policy. (a) Officers and employes shall be entitled to receive reimbursement for out-of-pocket expenses incurred in the performance of their duties within maximums prescribed under this chapter. (b) Maximums established under this chapter are not flat allowances a…

§ 401.1. Definitions. The following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise: Chairperson—The Chairperson of the Commission. Commission—The Navigation Commission for the Delaware River and its navigable t…

§ 401.2. Commission office. The office of the Commission is located at the Department of State, 302 North Office Building, Harrisburg, Pennsylvania 17120-0029. Forms may be obtained from the Department or by calling (717) 787-6802. Source The provisions of this § 401.2 amended Ju…

§ 402.1. Purpose. The purpose of this chapter is to establish the bylaws for the administration of the Commission.

§ 402.11. Meetings. (a) The regular meetings of the Commission will be held semiannually after public notice as required by 65 Pa.C.S. Chapter 7 (relating to Sunshine Act). (b) Special meetings may be called by the Chairperson after 3 days notice to the Commission and after publi…

§ 402.12. Commission employees. (a) The Commission will have a secretary and clerks necessary to keep accurate minutes and entries of all orders, regulations and transactions of the Commissioners. (b) The Secretary will appoint the secretary and all employes of the Commission, wh…

§ 402.13. Public inspection of records. The minutes and entries of the Commission will be available for the inspection of persons who desire to see and copy the same in the office of the Commission during normal working hours.

§ 402.14. Annual report to Governor. The Commissioners will make an annual report to the Governor, showing an itemized account of the income and expenditures made by them.

§ 402.15. Official seal. The official seal of the Commission will be the coat of arms of the Commonwealth, encircled with the words: ‘‘Navigation Commission for the Delaware River and its Navigable Tributaries.’’

§ 402.16. Administering oaths. Every member of the Commission and the secretary employed by the Commission will have the power to administer oaths or affirmations anywhere in this Commonwealth, with regard to any matter or thing which may properly come before the Commission.

§ 402.17. Subpoenas. (a) The Commission will have the power to issue subpoenas requiring the attendance of witnesses and the production of books and papers pertinent to any hearing before the Commission and to examine such witnesses, books and papers. (b) Any witness who refuses …

§ 402.2. Authority. Section 506 of The Administrative Code of 1929 (71 P. S. § 186) authorizes departmental commissions to prescribe rules and regulations for the government of their respective commissions.

§ 402.3. Name. The name of the Commission will be the Navigation Commission for the Delaware River and its Navigable Tributaries.

§ 402.4. Department of State Commission. The Commission will be a departmental commission of the Department. Source The provisions of this § 402.4 amended July 5, 2002, effective July 6, 2002, 32 Pa.B. 3211. Immediately preceding text appears at serial page (229963).

§ 402.6. Commission Chairperson. The Chairperson of the Commission will be the Secretary or a designee.

§ 402.7. Term of office. The members of the Commission will be appointed initially, two by the Governor and one by the Mayor of the City of Philadelphia for a term of 2 years, and two by the Governor and one by the Mayor for a term of 4 years. They will hold office for a term of …

§ 402.8. Reimbursement for expenses. The Commissioners will serve without compensation but will be reimbursed for necessary expenses.

§ 405.1. Definitions. The following words and terms, when used in this chapter, have the following meanings unless the context clearly indicates otherwise: Incapacity—The inability on the part of a person to perform required duties, whether due to professional deficiencies, physi…

§ 405.10. Term of license. A license shall be for a term of 1 year, subject to renewal by the Commission. Source The provisions of this § 405.10 amended July 5, 2002, effective July 6, 2002, 32 Pa.B. 3211. Immediately preceding text appears at serial page (229978).

§ 405.11. Nondiscrimination. The Commission will comply with applicable State and Federal laws prohibiting discrimination in licensing or apprenticeship opportunities. A person will not be denied a license, refused an apprenticeship indenture, refused sponsorship for a pilot’s li…

§ 405.12. Renewal of license. (a) An applicant for renewal of a pilot’s license in any class shall: (1) Have satisfied the requirements of § 405.7(a)(1)—(6), (8) and (10) (relating to qualifications for license). (2) Pay the required renewal fee, as specified in § 405.15 (relatin…

§ 405.13. Bonding. A license will not be granted until the person applying has given bond, with one sufficient surety to the Commission in the sum of $500 conditioned for the true and faithful performance of the duties and services required by this part and that he may not aid or…

§ 405.15. Initial license and license renewal fee. The fee for initial issuance of a license and for annual renewal of a license is $200. Source The provisions of this § 405.15 amended January 27, 1978, 8 Pa.B. 246; amended February 2, 1996, effective February 3, 1996, 26 Pa.B. 4…

§ 405.19. Allowing pilots to be taken off. (a) It shall be the duty of every master or commander of a ship or vessel outward-bound from the port to remain 24 hours after his arrival at the capes to give to the pilot on board the ship or vessel an opportunity to be taken out. (b) …

§ 405.19a. Docking, undocking and anchoring of vessels. When a vessel which has taken aboard a state-licensed pilot is docking, undocking or anchoring, the state-licensed pilot shall remain on the bridge, attentive to duty, until the vessel has at least one ship’s line secured to…

§ 405.20. Pilot’s report. Every pilot who pilots a ship or vessel to the port shall make a report in writing thereof to the Commissioners.

§ 405.21. Accident reports. (a) Written report. A pilot involved in a marine accident while on duty shall submit a written report of the accident within 5 days of the accident to the Commission at the address or fascimile number listed at the issuance of each license or license r…

§ 405.3. Application for licensure or apprenticeship. An applicant for initial issuance of a pilot’s license, for renewal of a pilot’s license or for appointment as an apprentice shall submit an application on a form provided by the Commission. Forms may be obtained from the Depa…

§ 405.30. Compensation. (a) In case a pilot, having charge of a vessel and while conducting such vessel, be detained by order of the master, owner or consignee of the vessel, by ice, or by any other unavoidable circumstance not personal to himself, the pilot shall receive compens…

§ 405.32. Disputes. (a) In all cases when extraordinary services have been rendered by any pilot, the Commissioners will, in case the parties cannot agree, determine the compensation to be allowed for such services after hearing the dispute. (b) Upon receipt of written request fr…

§ 405.34. Misconduct. (a) Whenever the Commission has reason to believe that any pilot has committed an act of misconduct, negligence or incapacity, the Commissioners will appoint a time and place of hearing of which due notice will be given the pilot, and, upon due proof being m…

§ 405.35. Intoxication. (a) Upon satisfactory proof being made to the Commissioners that any pilot, while having charge of a ship or vessel, was intoxicated, it will be the duty of the Commissioners to suspend such pilot for any term not less than 1 year; in case of the suspensio…

§ 405.36. Federal license. (a) A pilot shall notify the Commission within 14 calendar days if the United States Coast Guard suspends or revokes a pilot’s Federal license, or if a pilot voluntarily deposits or voluntarily surrenders his Federal license with the United States Coast…

§ 405.4. Examination for sixth-class license. (a) The Commission will designate at least three first-class pilots to conduct or develop an oral or written examination of an applicant for a sixth-class pilot’s license for the purpose of ascertaining the applicant’s fitness to perf…

§ 405.5. Classifications of pilots. For classifications of pilots, see section 17 of the act of March 29, 1803 (P. L. 542, 4 Sm.L. 67) (55 P. S. § 42). Source The provisions of this § 405.5 amended July 5, 2002, effective July 6, 2002, 32 Pa.B. 3211. Immediately preceding text ap…

§ 405.7. Qualifications for license. (a) An applicant for the initial issuance of a pilot’s license in any class shall: (1) Except for first-time applicants for a sixth class license, have served at least 1 year in each of the license classes below the class of license applied fo…