Pennsylvania Administrative Code

§ 87.4. Responsibilities. (a) The Director of the Bureau of Risk and Insurance Management will establish the extent of coverage to be provided by each entity granted a permit for the use of the Forum, such coverage to provide payment to the Department for any and all damages to t…

§ 87.5. Staffing of Forum crowd control facility. Staffing of the Forum crowd control facility will be accomplished by the Bureau of Police and Safety to assure that peace and order are maintained throughout the period the Forum is in use.

§ 87.6. Forum crowd control. The Bureau of Police and Safety, with the aid of its own Capitol Police in addition to the enlistment of support from the State Police and National Guard, where necessary, will monitor all elements of crowd control at the Forum to assure that peace an…

§ 87.7. Forum requests and permits. (a) All persons and organizations requesting the use of the Forum must have requested and obtained an approved permit to use the Forum prior to the day of registration from the Director, Bureau of Buildings and Grounds, Department of General Se…

§ 87.8. Provisions pertaining to the use of the Forum. (a) The Forum area alone, not inclusive of the hallways, other floors, or other areas of the Education Building or other Commonwealth property, is the extent of the area granted for use by the permit. (b) Application for use …

GENERAL § 89.1. Definitions. The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Act—The act of June 24, 1976 (P. L. 424, No. 101), (53 P. S. § § 891—892.1), known as the Emergency and Law Enforcem…

§ 89.101. Scope of subchapter. This subchapter is intended to be applied to the coverage of Commonwealth and other motor vehicles as defined in section 2404 of The Administrative Code of 1929 (71 P. S. § 634) for liability insurance purposes as provided by such section.

§ 89.102. Purpose and effect of subchapter. The purpose and effect of this subchapter is to establish the Commonwealth as an ‘‘obligated government’’ as defined by section 104(c) of the Pennsylvania No-Fault Motor Vehicle Insurance Act (40 P. S. § 1009.104(c)) (Repealed) so as to…

§ 89.103. Effective date. The effective date of this subchapter is March 1, 1979. APPENDIX A (Editor’s Note: 1 Pa. Code § 3.13(b) (relating to contents of Bulletin) gives the Legislative Reference Bureau discretion to exclude from publication in the Pennsylvania Bulletin classes …

§ 89.2. Eligibility. (a) General. Upon the death of a public safety officer who meets the requirements of the act, surviving beneficiaries are eligible for payment of a benefit if the public safety officer dies as a result of the public safety officer’s performance of duties. (b)…

§ 89.21. Scope. There is hereby constituted in the Department a procedure for Departmental hearing of appeals from decisions by the Bureau as to claims for death benefits made pursuant to the act, timely filed within 30 days of notice of the decision of the Bureau, as provided in…

§ 89.22. Hearing examiner. (a) Upon receipt of an appeal within the Department, it will be transmitted forthwith to a Hearing Examiner, designated by the Secretary. The Hearing Examiner need not be a person learned in the law but will be represented by a Department attorney who h…

§ 89.23. Notice. (a) Within 14 days of receipt of an appeal, the Hearing Examiner will set a date for a hearing of which at least 14 days written notice will be given to the claimant or subdivision, or both, by certified mail, and to the Bureau. (b) The notice to the claimant or …

§ 89.24. Record. (a) The Hearing Examiner will engage a competent stenographer to record the proceedings manually so that a full and complete written record will be kept of all proceedings before the Hearing Examiner. (b) The provisions of subsection (a) supersede the provisions …

§ 89.25. Location. All hearings will be held at the Headquarters of the Department in Harrisburg.

§ 89.26. Representation. (a) The claimant or subdivision, or both, may appear in propria persona or be represented by counsel. The Bureau will be represented by counsel regularly representing or especially designated to represent the Bureau. (b) Subsection (a) supplements 1 Pa. C…

§ 89.27. Order of presentation. (a) The claimant or subdivision, or both, shall present evidence first. The Bureau will present evidence second. (b) Subsection (a) supersedes 1 Pa. Code § 35.125 (relating to order of procedure).

§ 89.28. Presentation. (a) Examination and cross-examination of witnesses will be permitted. (b) Subsection (a) supersedes 1 Pa. Code § 35.126 (relating to presentation by the parties).

§ 89.29. Evidence. (a) Technical rules of evidence will not be applied, but basic and fundamental rules of law such as the hearsay rule, must be adhered to so as to produce a proper record of the proceedings. (b) Subsection (a) supersedes 1 Pa. Code § § 35.161—35.169 (relating to…

§ 89.3. Jurisdiction. The benefits provided under the act shall be payable whether or not the public safety officer died within the corporate boundaries of the employing municipality or, in the case of the Commonwealth employee, within this Commonwealth, as long as the individual…

§ 89.30. Motions. (a) No motions in the nature of summary judgment will be entertained; but the claimant or subdivision, or both, shall have the opportunity to make a brief closing statement summarizing the facts and applicable law, and the Bureau will have the same opportunity. …

§ 89.31. Investigation. (a) The Hearing Examiner will have all necessary investigatory powers to obtain information relevant to the inquiry and may compel attendance of witnesses and production of documents by issuance of subpoenas. (b) Subsection (a) supplements 1 Pa. Code § § 3…

§ 89.32. Briefs and oral argument. (a) The parties shall have the opportunity to submit written briefs if they desire to do so, and such written briefs shall be filed within 20 days after the date of the hearing or any continuance thereof. Upon application by either the claimant …

§ 89.33. Decisions. (a) Promptly after submission of briefs and oral argument, if such argument is heard, and upon filing of the hearing transcript and careful review thereof by the Hearing Examiner, the Hearing Examiner will prepare a written adjudication which will contain find…

§ 89.34. Judicial review. Appeal for judicial review from a final adjudication of the Department shall be to Commonwealth Court as provided in 2 Pa.C.S. § § 701—704 (relating to judicial review of Commonwealth agency action), and procedure therefor shall be as provided in Pa.R.A.…

§ 89.35. Due process. The Departmental hearing procedure provided for in this chapter will be conducted in all respects so as to accord with the requirements of due process of law.

§ 89.4. Amount of payments. The Department will annually calculate and post the amount of the benefit on its website and will retain the amount on the website for 5 years. Source The provisions of this § 89.4 amended November 16, 2007, effective November 17, 2007, 37 Pa.B. 6106. …

§ 89.5. Payment of benefit by the Commonwealth. Upon approval of a claim for death benefits, the Commonwealth will pay the benefit, as follows: (1) To the eligible beneficiary of a public safety officer employed by the Commonwealth. (2) To the political subdivision for the purpos…

§ 89.6. Beneficiary eligibility. (a) Order of priority. The benefits will be paid by the Commonwealth or the political subdivision to the eligible beneficiary in the following order of precedence: (1) To the surviving spouse. (2) If there is no surviving spouse, to the minor chil…

§ 89.7. Claims for death benefits. (a) Claims for death benefits must be on the forms provided by the Bureau. The Department will make these forms available on its website and, upon request, by electronic mail, facsimile transmission or regular mail. The forms, completed in all a…

§ 89.8. Claims evaluation. All claims will be evaluated by the Bureau to determine sufficiency of information and verification of data. No payments from the General Fund will be made until the requisites of eligibility have been established by the Bureau. The Bureau will notify t…

§ 89.9. Appeals. Appeals by a claimant or political subdivision from the decision of the Bureau shall be filed with the Department under the terms of 2 Pa.C.S. § § 501—508 and 701—704 (relating to Administrative Agency Law) within 30 days after notification of the decision. Sourc…

§ 9.1. Scope. This chapter sets forth the organizational structures of the departments, boards and commissions of the Commonwealth as approved by the Executive Board on or after August 25, 1970. Organizational charts depicting such approved structures are set forth alphabetically…

§ 91.1. Short title. This subpart shall be known and cited as the ‘‘Rules of the Civil Service Commission.’’ Source The provisions of this § 91.1 adopted October 18, 1961; amended October 15, 1964 and April 16, 1970.

§ 91.2. Purpose. This subpart is designed to effectuate the primary purpose of the Civil Service Act (71 P.S. § § 741.1—741.1005), declared to be greater efficiency and economy in the administration of the government of the Commonwealth, including, as a means to that end, the ‘‘e…

§ 91.3. Definitions. Words, terms and phrases, when used in this part, have the meaning in 71 Pa.C.S. § 2103 (relating to definitions), unless the context clearly indicates otherwise. In addition, the following terms, when used in this part, have the following meanings, unless th…

§ 93.1. Meetings of Commission. (a) The Commission will meet at least once each month, consistent with the act, at its offices in Harrisburg, Pennsylvania, or at other places as will best serve the public interest. Meetings may be cancelled with appropriate public notice. (b) One…

§ 93.2. Powers and duties of the Director. (a) Duties mandated by rules. No provisions of this section mandating action by the Director shall be construed as limiting the statutory duties, responsibilities, and powers of the Director. (b) Promulgation of regulations. The Director…

§ 93.4. Public hearings. (a) Time and place of certain hearings. (1) The Commission shall hold public hearings in connection with its adoption or amendment of rules, or amendments or cancellation of eligible lists on account of illegality or fraud. (2) These hearings shall be hel…

§ 93.5. Oaths. Authorization of an employe or agent of the Commission to administer oaths or affirmations in matters pertaining to the work of the Commission shall be in writing and filed in the executive office of the Commission as a public record. Source The provisions of this …

§ 93.6. Records open to the public. (a) An employe of the Commission shall be present at the inspection of records open to the public. (b) [Reserved]. (c) [Reserved]. Authority The provisions of this § 93.6 amended under section 506 of The Administration Code of 1929 (71 P.S. § 1…

§ 93.7. Receiving funds and allocating or apportioning costs. The Director shall report periodically to the Commission the receipt of any funds for the administration of the act and the allocation among the departments and agencies thereunder of the cost of administering the act …

§ 93.8. Service to departments, boards and commissions, agencies and political subdivisions; cooperation with other civil service agencies. (a) Acquisition of services. The services and facilities of the Commission and its staff shall be available to departments, boards, commissi…

GENERAL PROVISIONS § 11.1. Purpose. The purpose of this subchapter is to protect the health, safety and well-being of persons with functional impairments through the formulation, implementation and enforcement of minimum requirements for the licensing and operation of older adult…

PROGRAM COMPONENTS § 11.101. Intake screening. (a) The center shall complete, or arrange for the completion of, an intake screening for each applicant in order to determine the appropriateness of the older adult daily living center for that individual. The screening shall be comp…

§ 11.102. Client physical examination and medical report. (a) To be admitted, an applicant whose needs, as determined through intake screening, may appropriately be met in a center, shall also have had a physical examination within 3 months prior to admission and annually thereaf…

§ 11.103. Enrollment agreement. (a) The center shall develop an enrollment agreement and discuss it with the client or the responsible party, or both. The enrollment agreement shall include at least the following elements: (1) The available services and goals of the center. (2) T…