Pennsylvania Administrative Code

§ 1.873. Responsibilities. (a) The Department of General Services (Department) shall: (1) Develop standards for a uniform Statewide contract compliance program that ensures nondiscrimination by Commonwealth contractors and grantees. (2) Review agency contract compliance programs,…

§ 1.874. Cooperation by Commonwealth agencies. Agency heads and agencies, boards and commissions under the Governor’s jurisdiction shall work cooperatively with the Department of General Services (Department) to fulfill the demands of this subchapter. Independent agencies, State-…

§ 1.875. 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…

§ 1.876. Rescission. Executive Order 2006-02, Contract Compliance, was rescinded April 6, 2016. Source The provisions of this § 1.876 amended by Executive Order No. 2016-05 Amended, dated June 18, 2018, 48 Pa.B. 4208. Immediately preceding text appears at serial page (389560).

§ 1.877. Effective date. This amended subchapter takes effect immediately. Source The provisions of this § 1.877 amended by Executive Order No. 2016-05 Amended, dated June 18, 2018, 48 Pa.B. 4208. Immediately preceding text appears at serial page (389560).

§ 1.881. Primary duties and responsibilities. (a) Intergovernmental cooperation and coordination. The Office of Intergovernmental Affairs (Office) shall: (1) Coordinate interactions between the Commonwealth and Federal, State, county and local governments to inform the work of th…

§ 1.882. Secretary. The Governor will appoint a Secretary of the Office of Intergovernmental Affairs (Office) who shall determine the staffing requirements of the Office in accordance with policies of the Office of Administration and the Office of the Budget.

§ 1.883. Other offices within the Office of the Governor replaced. The Offices of Public Liaison, Constituent Services, and Government Affairs and Outreach within the Office of the Governor are replaced by the Office of Intergovernmental Affairs.

§ 1.884. General provisions. This subchapter will be implemented consistent with applicable law. This subchapter is not intended to, and does not create, any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the Commonwealth, its de…

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

§ 1.901. Hiring process. Commonwealth agencies under the Governor’s jurisdiction may not inquire about a job applicant’s current compensation or compensation history at any stage during the hiring process.

§ 1.902. Salary negotiation. An applicant is not prevented from volunteering information about current compensation level or salary history in negotiating a salary. However, no Commonwealth agency can request that an applicant disclose current salary or salary history information…

§ 1.903. Compensation decisions. Commonwealth agency compensation decisions for positions will be governed primarily by job responsibilities and the position’s range of compensation as well as the applicant’s knowledge, skills, competencies, experience, compensation requests or o…

§ 1.904. Position postings. All Commonwealth position postings will clearly disclose a job position’s pay scale and pay range. The Commonwealth will disclose on the employment web site that the applicant is not required to furnish current compensation or prior compensation at any…

§ 1.905. Office of Administration. The Office of Administration shall oversee implementation of this subchapter.

§ 1.906. Application. (a) Nothing in this subchapter shall be construed to contravene or supersede the following: (1) Any State or Federal law or collective bargaining agreement. (2) Any policy establishing pay scales or ranges for classes of employment. (b) This subchapter is no…

§ 1.907. 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…

§ 1.908. Effective date. This subchapter shall take effect in 90 days.

§ 1.911. Purpose of the Office of State Inspector General. (a) To deter, detect, prevent and eradicate fraud, waste, misconduct and abuse in the programs, operations and contracting of executive agencies as provided in the Act of July 20, 2017 (P.L. 328, No. 29) (Act 29 of 2017) …

§ 1.912. Duties and responsibilities. It shall be the duty and responsibility of the Office of State Inspector General to: (a) Inspect, evaluate, investigate and review activities, records and individuals with contracts, procurements, grants, agreements and other financial arrang…

§ 1.913. General provisions. This subchapter shall be implemented consistent with applicable law. This subchapter is not intended to, and does not create, any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the Commonwealth, its d…

§ 1.914. Effective date. This subchapter shall take effect immediately.

§ 1.915. Rescission. Effective immediately, Executive Order 1987-7 is hereby rescinded.

§ 1.921. Definitions. The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise: Agency—A Commonwealth agency under the Governor’s jurisdiction. CDFI—Community development financial institutions. CODE …

§ 1.922. Responsibilities. (a) DGS shall lead and coordinate efforts with agencies to increase their participation in the Commonwealth’s SBR program. DGS shall post data on a semiannual basis for each agency’s total qualifying operational spend for SBR procurements. (b) The Secre…

§ 1.923. Pennsylvania Advisory Council for Inclusive Procurement. (a) Establishment. There is hereby established the Pennsylvania Advisory Council for Inclusive Procurement to advise the Governor’s Office and agencies on ways to improve contracting opportunities in this Commonwea…

§ 1.924. Interagency workgroup. The Secretary of General Services and the Secretary of Transportation shall designate employees of their departments to serve on an interagency workgroup to execute and report on the responsibilities set forth in § 1.922(c) (relating to responsibil…

§ 1.925. Implementation. Agencies shall take all steps necessary to implement this subchapter. This subchapter shall be implemented consistent with applicable law. This subchapter is not intended to, and does not create, any right or benefit, substantive or procedural, enforceabl…

§ 1.926. Effective date. This subchapter shall take effect immediately and shall remain in effect until amended or rescinded by the Governor.

§ 1.927. Rescission. Effective immediately, Executive Order 2015-11—Diversity, Inclusion and Small Business Opportunities in Commonwealth Procurement and in Pennsylvania’s Economy, dated September 23, 2015, is hereby rescinded. (Editor’s Note: 4 Pa. Code Chapter 1, Subchapter DDD…

§ 1.931. Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise: CODE PA—The Commonwealth Office of Digital Experience. HIRE Committee—The Hire, Improve, Recruit, Empower Committe…

§ 1.932. HIRE Committee. (a) Membership. The HIRE Committee shall consist of the following 11 members, who shall serve by virtue of their public position and at the pleasure of the Governor: (1) Secretary of Administration or the Secretary’s designee. The Secretary of Administrat…

§ 1.933. Responsibilities of the OA. (a) The OA shall: (1) Pursue implementation of a pilot program to create financial incentives for Commonwealth employees who work in identified positions and can demonstrate a foreign language proficiency that the agency has determined is nece…

§ 1.934. Implementation. Agencies shall take the necessary steps to implement this subchapter. This subchapter shall be implemented consistent with applicable law. This subchapter is not intended to, and does not create, any right or benefit, substantive or procedural, enforceabl…

§ 1.935. Effective date. This subchapter shall take effect immediately and shall remain in effect until amended or rescinded by the Governor.

§ 1.936. Rescission. Effective immediately, Executive Order 2008-06 as amended, Office of Diversity Management, is rescinded. (Editor’s Note: 4 Pa. Code Chapter 1, Subchapter RR, § § 1.521—1.525, which is the codification of Executive Order 2008-06 as amended, is reserved as a re…

HEARINGS § 105.11. General. Hearings granted to employees demoted under 71 Pa.C.S. § 2503 (relating to demotions), furloughed under 71 Pa.C.S. § 2602 (relating to furlough), resigned under 71 Pa.C.S. § 2606 (relating to resignation), removed under 71 Pa.C.S. § 2607 (relating to r…

§ 105.12a. Appeal requests. (a) Place and manner. Requests for hearings shall be filed with the Commission on and in accordance with the Commission’s form, which may be obtained by contacting the Commission. (b) Time limits. Appeals must be received by close of business or postma…

§ 105.12b. Signatures. (a) General Rule. Signatures may be handwritten or electronic. (b) Electronic Signature. (1) The use of an electronic signature shall have the same force and effect as a handwritten signature. (2) Electronic signatures shall comply with sections 303—312 of …

§ 105.13. Form of hearing. (a) The hearing shall be formal, but not all of the strict rules of evidence need be enforced. Evidence offered should be the best evidence available. Documents which constitute reliable evidence or whose contents or meaning are in dispute should be bro…

§ 105.14. Legal representation. (a) Appointing authorities shall be represented by counsel presently admitted to practice before the Supreme Court of Pennsylvania. (b) Appellants may represent themselves, or may be represented by anyone presently admitted to practice before the S…

§ 105.14a. Subpoenas. (a) Procedure for requesting subpoenas. (1) Subpoenas for the attendance of witnesses or for the production of documents will be issued only upon written application to the Chairperson of the Commission or the Commissioner presiding at hearing, with a copy t…

§ 105.14b. Depositions and discovery. (a) Depositions. At the discretion of the Commission, depositions—statements of witnesses under oath—may be transcribed and submitted in lieu of testimony at the hearing, where the witness will be unavailable to testify at hearing because of …

§ 105.14c. Settlement. (a) Parties, at their discretion, may enter into agreements to settle or otherwise terminate a proceeding before the Commission at any point in the appeal process prior to adjudication. All parties shall notify the Commission in writing in a timely manner o…

§ 105.14d. Prehearing conferences. (a) Prehearing conference. To facilitate the submission and consideration of issues and facts, the Commission may schedule a prehearing conference and request the parties to participate in the proceeding. The conference may be conducted by telep…

§ 105.15. Procedure under 71 Pa.C.S. § 3003(7)(i). (a) The appointing authority shall go forward to establish the charge or charges on which the personnel action was based. If, at the conclusion of its presentation, the appointing authority has, in the opinion of the Commission, …

§ 105.16. Procedure under 71 Pa.C.S. § 3003(7)(ii). (a) The appellant shall go forward to establish the charge or charges of discrimination. If at the conclusion of this presentation, the appellant has, in the opinion of the Commission, established a prima facie case, the appoint…

§ 105.17. Petition for reconsideration. (a) Form. Petitions for rescission or modification of an adjudication shall be in writing and shall set forth in numbered paragraphs the findings or orders alleged to be erroneous and the points relied upon by the petitioner, with appropria…

§ 109.1. Mechanical and electronic records. The Commission may prohibit the use of mechanical and electronic recording devices if the use of the devices will disrupt or otherwise interfere with the proceedings. Source The provisions of this § 109.1 adopted November 14, 1975, effe…

§ 110.1. Praecipe of appearance. (a) Legal representatives for appointing authorities or appellants in appeals or hearings held under the act shall file a Notice of Appearance with the Commission, prior to the time of the hearing, if possible. (b) Subsection (a) supplements 1 Pa.…