Pennsylvania Administrative Code

§ 615.18. Record of proceedings under 71 Pa.C.S. § 2202(a)(10). (a) A complete stenographic record of the proceedings shall be made. A party shall make arrangements to purchase copies of the record directly with the reporting service. The Office of Administration’s copy of the re…

§ 615.19. Post-hearing brief. (a) Generally. At the close of the proceedings, or as directed by the presiding officer, each party will be given the opportunity to file a legal brief in support of their position. (b) Briefing schedule. The presiding officer will set forth a briefi…

§ 615.2. Public access. Hearings scheduled by the Office of Administration under its authority under the act shall be open to the public. Notices of public hearing shall be published by the Office of Administration on its publicly accessible website.

§ 615.20. Proposed decision and order. (a) Generally. Upon the closing of the record, the presiding officer shall issue a proposed decision and order, based on the established record, which will be provided to the parties and filed with the Docket Clerk. (b) Content. The proposed…

§ 615.21. Exceptions. (a) Generally. A party aggrieved by the proposed decision and order may, within 20 days after the issuance of the proposed decision and order, appeal to the Secretary of Administration, by filing with the Docket Clerk exceptions to the proposed decision and …

§ 615.22. Brief opposing exceptions. (a) Generally. In response to a brief on exceptions, a party may file with the Docket Clerk a brief opposing exceptions within 20 days of the date of service of the brief on exceptions. (b) Content. A brief opposing exceptions shall, at a mini…

§ 615.23. Further response or pleading. After the filing of a brief opposing exceptions, or the expiration of the time period for filing a brief opposing exceptions, whichever occurs first, no further response or pleading by any party will be entertained unless the Secretary of A…

§ 615.24. Final decision and order. (a) After reviewing the record, including any briefs on exceptions and briefs opposing exceptions, the Secretary of Administration, or their designee, shall issue a final decision and order, which will be provided to the parties and filed with …

§ 615.25. Generally. (a) Under 71 Pa.C.S. § 2307(d) (relating to duration of eligible lists), the Office of Administration will hold a hearing before cancelling the whole or a part of an eligible list due to illegality or fraud in connection with the eligible list. The hearings s…

§ 615.26. Notice of list cancellation hearing. (a) The Office of Administration shall provide advance notice of a list cancellation hearing to those eligibles whose names appear on the relevant list. The notice will contain a statement of the matters to be addressed at the hearin…

§ 615.27. Format of hearing. (a) At the onset of a list cancellation hearing, the presiding officer shall make a statement describing the circumstances necessitating the cancellation of the list, including the findings and conclusions of any investigation undertaken by the Office…

§ 615.28. Record of proceedings of list cancellation hearings under 71 Pa.C.S. § 2307(d). (a) A complete stenographic record of the proceedings shall be made. Individuals may arrange to purchase copies of the record directly with the reporting service. The Office of Administratio…

§ 615.29. Notice of list cancellation. If, after holding a list cancellation hearing, the Office of Administration determines that cancellation of the whole or a part of an eligible list is warranted due to illegality or fraud in connection with the eligible list, the Office of A…

§ 615.3. Presiding officer. (a) Hearings scheduled by the Office of Administration under its authority under the act shall be conducted by a presiding officer designated in writing by the Secretary of Administration. (b) Subsection (a) supersedes 1 Pa. Code § 35.185 (relating to …

§ 615.4. Computation of time. (a) When any period of time is referred to in this chapter, the period of time in all cases shall be so computed as to exclude the first and include the last day of the specified period of time. Whenever the last day of a specified period of time sha…

§ 615.5. Filings with Docket Clerk. (a) Generally. When a document is required to be filed with the Docket Clerk, the filing shall occur within the applicable time limits, if any, by first class mail or electronic mail. The Office of Administration shall indicate the mailing addr…

§ 615.6. Order to show cause. (a) Generally. The Office of Administration shall commence a proceeding under 71 Pa.C.S. § 2202(a)(10) (relating to duties of Office of Administration) through the filing of a verified order to show cause with the Docket Clerk. The individual against…

§ 615.7. Answer to order to show cause. (a) Generally. A respondent shall file with the Docket Clerk an answer to the order to show cause within 20 days of the date of service indicated on the certificate of service accompanying the order to show cause. (b) Content. An answer sha…

§ 615.8. Representation. (a) A respondent appearing before the Office of Administration may do so on their own behalf or may be represented by an attorney licensed to practice law in this Commonwealth or a legal intern certified by the Supreme Court of Pennsylvania. An appointing…

§ 615.9. Consolidation of proceedings. (a) The Office of Administration may consolidate two or more proceedings at its discretion where the proceedings involve a common question of law or fact, provided that consolidation does not prejudice any party to the proceedings. (b) Subse…

§ 66.1. Background and purpose. (a) To prevent unauthorized employment, the Federal government created the EVP to ensure that companies employ a legal workforce. The EVP is an Internet-based program operated by the United States Department of Homeland Security that compares infor…

§ 66.2. Scope of work subject to the EVP. (a) The act applies to public works contractors and subcontractors performing on a public works contract paid for in whole or in part out of the funds of a public body when the cost of the total project is in excess of $25,000. (b) The co…

§ 66.3. Definitions. The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Act—The Public Works Employment Verification Act (71 P.S. § § 656.1—656.11). Contract—A type of written agreement, regardles…

§ 66.4. General requirements for public works contractors and subcontractors. (a) Public works contractors and every subcontractor performing work under a public works contract shall utilize the EVP to verify the employment eligibility of each new employee. (b) Public works contr…

§ 66.5. Specific requirements for public works contractors. (a) As a precondition to the award of a contract for public work, a public works contractor shall submit a completed Form to the public body that is bidding and awarding the public work contract. Throughout the duration …

§ 66.6. Specific requirements for public works subcontractors. (a) Prior to beginning either onsite or offsite work on a public works project, every subcontractor shall submit a completed Form to the contracting public body. During a public works contract, a new employee hired by…

§ 66.7. Public Works Employment Verification Form. (a) The Form for use by public bodies, public works contractors and subcontractors is posted on the Department’s web site at www.dgs.state.pa.us. The Form may not be changed or altered. (b) The Form shall be signed by an authoriz…

§ 66.8. Violations. A public works contractor or subcontractor violates the act if it does either of the following: (1) Fails to verify the employment eligibility of a new employee through EVP in accordance with the act and this chapter. (2) Makes a false statement or misrepresen…

§ 66.9. Enforcement. The Department will enforce the act through investigations, audits, sanctions and civil penalties in accordance with the following guidelines. (1) Investigations of complaints. The Department will accept, review and investigate timely and credible complaints …

§ 67a.1. Exempt machinery and equipment steel products. (a) The initial list of exempt steel products will be compiled by the Deputy Secretary for Public Works or a designee from waiver forms submitted and approved in the previous 2 calendar years. The list will be published in t…

§ 67b.1. Purpose. The Commonwealth complies with Federal and State laws regarding nondiscrimination and strives to promote access and accommodation for all employees and visitors. The Commonwealth recognizes that employees and visitors may require special restroom accommodations …

§ 67b.2. Scope. (a) This chapter applies to all Capital Projects for new construction and, to the extent feasible, renovations of existing buildings. The requirements in this chapter apply to Capital Projects administered by all Commonwealth agencies and to Capital Projects that …

§ 67b.3. Definitions. The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Capital Projects—Projects listed in a capital budget project itemization act. Commonwealth buildings—Buildings owned by the…

§ 67b.4. Universal restroom policy. (a) At least one universal single occupancy restroom will be created per floor/story for each floor/story that contains restrooms in all Capital Projects for new construction. To the extent feasible, at least one universal single occupancy rest…

§ 67b.5. Required design standards. All newly-constructed and renovated single occupancy restrooms subject to this chapter must: (1) Utilize appropriate signage as designated by the Department that indicates a universal single occupancy restroom. (2) Comply with all applicable Fe…

§ 67b.6. Recommended design standards. The following recommended design standards should be included in universal single occupancy restrooms when appropriate and feasible: (1) A changing station. (2) A sanitary napkin disposal container.

§ 67c.1. Purpose. The Commonwealth complies with Federal and State laws, regulations and policies including but not limited to section 4207 of the Patient Protection and Affordable Care Act (42 U.S.C. § § 18001—18122 (modifying section 207(r) of the Fair Labor Standards Act, 29 U…

§ 67c.2. Scope. (a) This chapter applies to the new construction of Commonwealth-owned buildings, new Commonwealth-leased buildings, and, where feasible, renovations of existing Commonwealth-owned buildings and Commonwealth-leased buildings. Deviations from this policy require th…

§ 67c.3. Definitions. The following words and terms, when used in this chapter have the following meanings, unless the context clearly indicates otherwise: Capital Projects—Those projects listed in a Capital Budget Project Itemization Act. Commonwealth-leased buildings—Buildings …

§ 67c.4. Nursing Mothers Room Construction policy. (a) At least one Nursing Mothers Room must be created in all new Commonwealth-owned buildings and Commonwealth-leased buildings. To the extent feasible, at least one Nursing Mothers Room must be included in all renovations of exi…

§ 67c.5. Nursing Mothers Room design requirements. All Nursing Mothers Rooms created under this chapter must: (1) Be in a location that complies with the Americans with Disabilities Act of 1990 (ADA) (42 U.S.C.A. § § 12101-12213). All accessories, equipment, furniture and casewor…

§ 67c.6. Nursing Mothers Room design recommendations. Nursing Mothers Rooms created under this chapter should: (1) Provide a sink within the Nursing Mothers Room or be adjacent to a kitchenette, breakroom or women’s restroom with a sink installed in casework to provide the space …

§ 68.1. Summary of controlling law and regulations. (a) A Director of Contract Compliance operating within the Human Relations Commission, assisted by a Contract Compliance Officer functioning in the Department of General Services, will assemble relevant employment information an…

§ 68.2. Imposition of sanctions. In cases where efforts of the Department of General Services Contract Compliance Officer are unsuccessful in producing amicable and voluntary compliance, the officer may issue an order giving the contractor 30 days to show cause why sanctions as d…

§ 68.3. Hearing and appeal procedures. Upon issuance of the 30-day show cause notice as set forth in § 68.2 (relating to imposition of sanctions), the contractor may request a hearing, as provided by 2 Pa.C.S. § § 501—508 and 701—704 (relating to Administrative Agency Law) before…

NONDISCRIMINATION CLAUSE § 68.61. Nondiscrimination clause; compliance prequalification. Title 16 Pennsylvania Code § 49.101 (relating to nondiscrimination clause) requires that a ‘‘Nondiscrimination Clause,’’ as contained in that section, be incorporated in and made a part of De…

§ 7.1001. Purpose. (a) This subchapter provides for the creation of a Housing Action Plan for Pennsylvania by DCED in collaboration with other agencies and entities. The plan shall contain goals, objectives and recommendations to the Governor on strategies to increase and preserv…