Pennsylvania Administrative Code

§ 1.58. Administrative action. (a) Scope. Official action and deliberations by a quorum of the members of an agency are not subject to this chapter if the official action and deliberations predominantly and primarily involve administrative action. Administrative action is the exe…

§ 1.59. Exemptions. (a) Scope. This subchapter does not apply to meetings of the quorum of the members of an agency to conduct deliberations or official actions regarding matters for which the taking of official action at an open meeting will violate a lawful privilege as defined…

§ 1.591. Purpose. The purpose of this subchapter is to ensure that agencies substantially increase opportunities for VBEs and SDVBEs to participate in Commonwealth contracting opportunities as contractors, subcontractors, suppliers and professional service providers.

§ 1.592. Responsibilities. (a) The Department of General Services (Department) shall: (1) Develop and implement policy initiatives to substantially increase contracting and subcontracting opportunities for VBEs and SDVBEs. (2) Establish a certification process for VBEs and SDVBEs…

§ 1.593. Definitions. (a) The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise: SDVBE—Service-disabled veteran-owned small business enterprise—A small business owned and controlled by either of th…

§ 1.594. Effective date. This subchapter takes effect immediately.

§ 1.595. Termination date. This subchapter remains in effect unless revised or rescinded by the Governor.

§ 1.60. Violations. (a) Formal adjudications. An agency may not conduct a formal adjudication regarding the question of whether meetings have been conducted in compliance with this subchapter. Original jurisdiction to determine whether the actions of an agency has complied with t…

§ 1.61. Force and effect. This subchapter constitutes legal advice rendered to executive agencies of the Commonwealth under the jurisdiction of the Governor under section 301(3) of the Commonwealth Attorneys Act (71 P. S. § 732-301(3)). This legal advice is codified in this subch…

§ 1.71. Policy. It is the policy of the government of the Commonwealth to build effective communication between itself and the citizens of this Commonwealth and, as far as is humanly and legally possible, to provide citizen access to the facts about State government. All Commonwe…

§ 1.72. Agency public information activities. (a) Each agency of State government shall maintain an office of public information, unless authorized to eliminate this function by the Director of Public Information for the Governor’s Office. (b) The director of public information i…

§ 1.73. Coordination with the Governor’s Office. (a) The Director of Public Information for the Governor’s Office shall administer the public information activities of departments, boards, commissions, and other State agencies under the jurisdiction of the Governor. (b) The Direc…

§ 1.801. Contracts conducted on the basis of competitive bidding procedures. Except as set forth in this subchapter, the awarding of contracts for legal services or legal consultants by the Office of General Counsel or an executive department shall be conducted on the basis of th…

§ 1.802. Contracts awarded on a sole source basis. Legal service or legal consultant contracts shall be awarded on a sole source basis only when it is clearly not feasible to utilize competitive bidding because of an urgency of need or other documented circumstances. Cross Refere…

§ 1.803. Request for authorization for outside counsel. When an executive department determines that the paid services of outside counsel are required, it shall submit to the Office of General Counsel a request for authorization to proceed. The request for authorization must succ…

§ 1.804. Request for proposals and invitation for bids. Upon receipt of written authorization to proceed from the General Counsel, the department may issue a request for proposals under 62 Pa.C.S. § 518 (relating to competitive selection procedures for certain services) or an inv…

§ 1.805. Role of General Counsel. The General Counsel shall, as soon as practicable: (1) Identify categories of legal services or types of cases that may be supplied by outside lawyers or law firms, or both. (2) Develop a competitively bid list of preapproved outside counsel for …

§ 1.806. Effective date. This subchapter takes effective immediately.

§ 1.811. Department of Conservation and Natural Resources oil and gas leasing. As of January 29, 2015, to protect the lands of this Commonwealth that are held in trust for its citizens and for future generations, and subject to future advice and recommendations made by the Depart…

§ 1.812. Effective date. This subchapter is effective immediately.

§ 1.813. Termination date. This subchapter shall remain in effect until amended or rescinded by the Governor.

§ 1.814. Rescission. Effective immediately, Executive Order 2014-03 is rescinded.

§ 1.821. Mission. The mission of the Governor’s Office of Transformation, Innovation, Management and Efficiency is to: (1) Deliver cost savings to the citizens of this Commonwealth through multiagency efficiencies, productivity improvements and cost-saving innovations. (2) Remain…

§ 1.822. Governor’s Office of Transformation, Innovation, Management and Efficiency. (a) The Governor’s Office of Transformation, Innovation, Management and Efficiency (Office) is created within the Governor’s Office of Performance Through Excellence (OPE). The Director of the Of…

§ 1.823. Powers and duties. The Steering Committee shall have the power and duty to: (1) Work collaboratively with the heads of Commonwealth agencies to identify opportunities for streamlining the operation of government and generating new efficiencies. (2) Develop and implement …

§ 1.824. Cooperation by Commonwealth agencies. Commonwealth agencies shall cooperate with the Governor’s Office of Transformation, Innovation, Management and Efficiency (Office) to ensure the success of its mission. Agency heads shall identify key staff to form innovation teams, …

§ 1.825. Effective date. This amendment to this subchapter takes effect immediately. Source The provisions of this § 1.825 amended by Executive Order No. 2015-04 Amended, dated February 1, 2018, 48 Pa.B. 1089. Immediately preceding text appears at serial page (382385).

§ 1.826. Rescission. Executive Order 2012-04, dated March 22, 2012, is rescinded effective immediately.

§ 1.841. Minimum wage. All employees covered by this subchapter, other than tipped employees, shall be paid no less than: (1) $15.00 per hour after the effective date of this subchapter. (2) Beginning 2023 and thereafter, the minimum wage rate will be increased by an annual cost-…

§ 1.842. Coverage. The employees covered by this subchapter are: (1) Employees of Commonwealth agencies under the jurisdiction of the Governor. (2) Employees, as defined in section 3 of the Minimum Wage Act of 1968 (43 P.S. § 333.103), who, as set forth in a new lease of property…

§ 1.843. Implementation. All Commonwealth agencies under the jurisdiction of the Governor shall take all steps necessary to implement this subchapter. Independent agencies, State-affiliated entities and State-related institutions are also strongly encouraged to implement this sub…

§ 1.844. Sanctions. Failure of a covered contractor or lessor to comply with the provisions of this subchapter may result in the imposition of sanctions, which may include, but shall not be limited to, termination of the contract or lease, nonpayment, debarment or referral to the…

§ 1.845. Application. (a) Nothing in this subchapter shall be construed to contravene or supersede: (1) any State or Federal law or collective bargaining agreement; or (2) any State or local policy requiring a covered employee to be paid more than the minimum wage required by thi…

§ 1.846. Effective dates. This subchapter shall take effect on the following dates and shall remain in effect until modified or rescinded: (1) For employees described in § 1.842(1) (relating to coverage), on January 31, 2022. (2) For employees described in § 1.842(2), on the effe…

§ 1.851. Policy. Employment First is the policy of Commonwealth executive branch agencies under the jurisdiction of the Governor. This policy reflects the Commonwealth’s goal of making the Commonwealth a model state when it comes to creating a climate hospitable to workers with a…

§ 1.852. Definitions. The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise: Competitive integrated employment—The term as defined in the Workforce Innovation and Opportunity Act (Pub.L. No. 113-12…

§ 1.853. Reduction of barriers. The Office of Administration will explore the means to reduce barriers to Commonwealth employment for Pennsylvanians with a disability.

§ 1.854. Written plan; goals. (a) The Secretary of the Department of Education, the Secretary of the Department of Human Services and the Secretary of the Department of Labor and Industry, working with other Commonwealth agencies or executive office officials as appropriate, will…

§ 1.855. General provisions. Nothing in this subchapter shall be interpreted to supersede or pre-empt any Federal, State or local law, regulation, rule or ordinance. This subchapter is not intended to, and does not create, any right or benefit, substantive or procedural, enforcea…

§ 1.856. Effective date. This subchapter becomes effective immediately.

§ 1.857. Termination date. This subchapter shall remain in effect until amended or rescinded by the Governor.

§ 1.861. Prohibition of discrimination and affirmation of equal employment opportunity. (a) An agency under the Governor’s jurisdiction may not discriminate against any employee or applicant for employment on the basis of race, color, religious creed, ancestry, union membership, …

§ 1.862. Definitions. The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise: Gender identity or expression—The gender-related identity, appearance, mannerisms, expression or other gender-related ch…

§ 1.863. Responsibility for implementing equal employment opportunity. (a) The Secretary of Administration shall supervise the development, implementation and enforcement of the Commonwealth’s equal employment opportunity programs through the Bureau of Workforce Planning, Develop…

§ 1.864. Cooperation by Commonwealth agencies. Agency heads and agencies, boards and commissions under the Governor’s jurisdiction shall work cooperatively with the Governor’s Office of Administration and its Bureau of Workforce Planning, Development and Equal Employment Opportun…

§ 1.865. General provisions. Nothing in this subchapter shall be construed to impair or otherwise affect the authority granted by law to an executive department, agency or the head thereof. This subchapter is not intended to, and does not, create any right or benefit, substantive…

§ 1.866. Rescission. Executive Order 2003-10, Equal Employment Opportunity, is rescinded.

§ 1.867. Effective date. This subchapter takes effect immediately.

§ 1.871. Establishment of contract compliance program. Commonwealth agencies shall establish, implement and maintain contract compliance programs to ensure that Commonwealth contracts and grants are nondiscriminatory in three aspects: (1) Nondiscrimination in the award of Commonw…

§ 1.872. Definitions. The following words and phrases when used in this subchapter have, unless otherwise defined by Commonwealth State law or the context clearly indicates otherwise, or both, the following meanings given: Gender expression—The external manifestations of gender, …