Pennsylvania Administrative Code

§ 9.216. Nonstatutory elements. Documents required to be cited as authority shall be placed after a required statutory elements, as follows: Authority The provisions of this § 9.216 issued under section 603 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. § 1603); Ex. D…

FORM § 9.221. General. The shortest form of citation compatible with positive identification and ready reference shall be used in formal citations of authority. The Bureau is prepared to assist agencies in developing model citations under this criterion.

§ 9.222. Statutory Materials. (a) Pennsylvania Consolidated Statutes. In citing a statutory provision contained in the Pennsylvania Consolidated Statutes the form of citation used shall be the same as if the citing document were a statutory provision codified under a title of the…

§ 9.223. Nonstatutory Federal materials. Documents shall be cited by Federal Register volume and page, followed, if possible, by the parallel citation to the Code of Federal Regulations, as follows: T.D. 6721, 29 Fed. Reg. 4997. Special Civil Air Reg. SR-422A, 28 Fed. Reg. 6703, …

§ 9.301. Unpublished statements of policy adopted prior to January 1, 1985. (a) If the Joint Committee determines that it is in the public interest to codify statements of policy of an agency adopted by the agency prior to January 1, 1985, but not previously published, it may, up…

§ 9.302. Statements of policy adopted after January 1, 1985. Statements of policy which are submitted by an agency to the Bureau and which are adopted by an agency after January 1, 1985, are subject to procedures for filing and publication in the Bulletin and Code as provided by …

§ 9.303. Format of statements of policy. Statements of policy which are permanent and general in nature and are submitted to the Bureau for codification shall be in a form and format, as approved by the Bureau, which conforms to the requirements of this chapter for the codificati…

NORMAL NUMBERING § 9.31. Titles. Titles are numbered sequentially in Arabic throughout the Code.

§ 9.32. Parts. Parts are numbered sequentially in Roman throughout a title.

§ 9.33. Chapters. Chapters are numbered sequentially in Arabic throughout a title.

§ 9.34. Other principal divisions. Whenever other divisions are necessary, parts shall be divided into subparts, subparts into articles, articles into divisions, divisions into subdivisions, subdivisions into chapters and chapters into subchapters, designated and numbered as foll…

§ 9.35. Sections. Sections are numbered sequentially in Arabic throughout a title.

§ 9.36. Internal divisions of sections. Whenever internal divisions are necessary, sections shall be subdivided into subsections, subsections into paragraphs, paragraphs into subparagraphs, subparagraphs into clauses and clauses into subclauses, designated as follows: Terminology…

§ 9.37. Reservation of numbers. Chapter numbers shall be spaced to allow for expansion and a minimum of one number shall be omitted between chapters of a new or revised part, subpart, article, division or subdivision. Where related sections are grouped under a heading within a ch…

SPECIAL NUMBERING PROBLEMS § 9.51. Addition of new units between existing units. (a) If it becomes necessary to introduce a new chapter or section between existing chapters or sections the new chapter or section shall be designated by the addition of a letter suffix to the preced…

§ 9.52. Vacated numbers. Whenever a number is vacated by a revocation, the remaining elements in the overall unit shall retain their old numbers until the overall unit is completely revised. Prior to revision, the vacated number may be marked: ‘‘(Reserved)’’.

§ 9.53. Keying to agency numbering systems. The keying of section numbers to make them correspond to particular numbering systems in use by the agency will be permitted only when, in the opinion of the Joint Committee, the keying will be of benefit both to the agency and to the p…

§ 9.54. Statements of general policy. Whenever a statement of policy adopted after July 1, 1969 applies to an entire chapter, it shall be included in, or appended to, that chapter. Similarly, whenever a statement of policy adopted after July 1, 1969 applies to a specific section,…

HEADINGS § 9.61. Required Code headings. (a) The title, part and chapter heading, in that order, shall be set forth in full on separate lines at the beginning of a document. Subpart, subchapter or other principal divisions, if applicable, shall also be set forth in the order spec…

§ 9.62. Additional captions. (a) For the purpose of publication in the Bulletin, a brief caption more specifically describing the scope of a document constituting a partial amendment of the material within a chapter shall be provided immediately below the chapter heading. (b) Age…

§ 9.63. Tables of contents. Tables of contents shall be used when a new chapter is introduced or an existing chapter is completely revised and when a group of sections is revised or added and set forth as a subchapter or otherwise separately grouped under a centerhead. These tabl…

§ 9.64. Composition of chapter headings. A chapter heading shall indicate briefly the general subject matter of the material appearing in the chapter. The use of phrases, such as ‘‘Regulations under the act of July 26, 1955’’ or other expressions which are not descriptive of the …

AMENDMENTS § 9.71. General requirements. (a) When necessary for clarity, an amendatory document shall include a brief statement of the nature and extent of the changes made. (b) The number and heading of a section amended shall be set forth in full on a separate line. (c) The tex…

REFERENCES § 9.81. General requirements. References to the Code shall be in terms of the specific titles, chapters, sections and subsections involved. Ambiguous references such as ‘‘herein,’’ ‘‘above,’’ ‘‘below,’’ and the like may not be used. Documents which contain reference to…

§ 9.82. References to Bulletin. The contents of the Bulletin shall be referred to by volume and page number. Thus material beginning on page 801 of volume 1 should be cited: 1 Pa.B. 801. Cross References This section cited in 101 Pa. Code § 15.165 (relating to Pennsylvania Code a…

§ 9.83. References between or within titles of the Code. Unless the meaning is otherwise precisely expressed and undue or awkward repetition would result, references shall be as follows: (1) Between titles. When reference is made to material codified under a title other than that…

§ 9.84. Parallel citation of Bulletin and Code. When appropriate, the Code and the Bulletin may be cited for parallel reference in the following forms: 41 Pa. Code § 15.71 (relating to maximum interest rates) (1 Pa.B. 801). § 15.71 (relating to maximum interest rates) (1 Pa.B. 80…

EFFECTIVE-DATE STATEMENTS § 9.91. Effective dates. A document subject to codification shall include a clear statement as to its effective date.

§ 1.1. Establishment. The Directives Management System, established in 1972, is designed to provide comprehensive statements of policy and procedure on matters that affect agencies and employees under the Governor’s jurisdiction. Source The provisions of this § 1.1 amended by Exe…

§ 1.141. Responsibilities. The Secretary of Administration will administer the records management program for the Commonwealth. The Secretary will determine policies, consistent with section 2813-C of The Administrative Code of 1929 (71 P.S. § 71-720.13), develop standards and es…

§ 1.142. Implementation of program. The Historical and Museum Commission, in conjunction with the Secretary of Administration, is responsible for implementing the records management program. The Secretary of Administration will issue the Management Directives regarding the Common…

§ 1.143. Compliance. The head of every department and agency shall establish and maintain an active, continuing program to manage their agency’s records in accordance with this subchapter and implementing instructions issued through the Directives Management System.

§ 1.144. Effective date. This subchapter is effective January 3, 1992.

§ 1.145. Rescission. Executive Order 1983-7 is rescinded.

§ 1.151. Policy. In furtherance of the purposes and policies of the act of June 22, 1937 (P. L. 1987, No. 394) (35 P.S. § § 691.1—691.701), the Air Pollution Control Act (35 P.S. § § 4001—4015), the Pennsylvania Solid Waste Management Act (35 P.S. § § 6001—6017) (Repealed), and t…

§ 1.152. Responsibilities. The Secretary of Environmental Protection will provide technical advice and assistance to other agencies in connection with their duties and responsibilities under this subchapter.

§ 1.191. Implementation. (a) The provisions of the act of June 24, 1976 (P.L. 424, No. 101) (53 P.S. § § 891—892) provide for the payment of death benefits to the surviving spouse or children of firemen or law enforcement officers killed in the performance of their duties. (b) Th…

§ 1.2. Policy. All issuances from the Governor’s Office and from agencies under the Governor’s jurisdiction, except proclamations and press releases, that are intended for distribution to two or more agencies are to be issued through the Directives Management System in one of fou…

§ 1.209. Purpose. The purpose of the Pennsylvania Human Resources Investment Council (Council) is to: (1) Assess the economic and workforce needs of this Commonwealth, and develop a strategic plan to meet these Statewide needs. (2) Continuously maintain a competitive advantage fo…

§ 1.210. Composition. The Pennsylvania Human Resources Investment Council (Council) has been established in accordance with the composition requirements for State human resource investment councils found in Title VII of the Job Training Partnership Act (29 U.S.C.A. § § 1792—1792b…

§ 1.211. Chairperson and Vice-Chairperson. The Governor will designate, to serve at his pleasure, one private-sector employer to serve as Chairperson and one government representative to serve as Vice-Chairperson of the Pennsylvania Human Resources Investment Council.

§ 1.212. Administration and staff. (a) A management committee will be established comprised of Commonwealth government representatives of the Pennsylvania Human Resources Investment Council (Council) which is authorized to make determinations relating to the management and admini…

§ 1.213. Cooperation of agencies. (a) The Pennsylvania Human Resources Investment Council (Council) will develop and adopt applied operating principles to govern the relationships between and among executive State agencies and other governmental and private sector organizations w…

§ 1.214. Designation as the Commonwealth’s Human ResourcesInvestment Council (HRIC). (a) The Pennsylvania Human Resources Investment Council (Council) is designated as the HRIC in accordance with Title VII of the Job Training Partnership Act (29 U.S.C.A. § § 1792—1792b) and, as s…

§ 1.215. Quorum. A majority of the members constitutes a quorum of the Pennsylvania Human Resources Investment Council (Council) for the purpose of organizing and conducting the business thereof, and all action shall be taken by a vote of a majority of the members present.

§ 1.216. Meetings. The Pennsylvania Human Resources Investment Council shall meet at times and places as determined to be necessary.

§ 1.217. Subcommittees. The Pennsylvania Human Resources Investment Council has authority to establish and to appoint members and delegate duties to subcommittees, as it deems necessary, to fulfill its responsibilities. The subcommittees will be chaired by a member of the Council…