Pennsylvania Administrative Code

§ 131.5. Review. The Commission will review the application and the subsequent procedures and instruments upon receipt and approval of the following: (1) Return of completed and executed survey form. (2) Completed and executed calculation sheet. (3) Receipt from surveyor or engin…

§ 133.1. Board of appraisers. (a) In the case of vacant and unappropriated land where no office rights are outstanding, the Commission will appoint a board of appraisers upon receipt and approval of the proof of publication and receipt for payment as required in § 131.3 (relating…

§ 133.2. Remittances after valuation. Upon determination of the value of the land, the applicant shall remit separately, upon request from the Commission, the following: (1) Warrant fee. (2) Evaluated price or consideration. (3) Patent fee.

§ 133.3. Procedure for filing caveat. (a) Anyone filing a caveat under this chapter shall pay a fee of $2.00 and submit a bond, or other security approved by the Commission, in an amount equal to the evaluated price of the land in question, plus appraisers’ fees. (b) Upon receipt…

§ 133.4. Issuance of warrant. (a) If no caveat is entered on the land, or after disposition of caveat in favor of the applicant, and upon receipt of the prescribed fees, the Commission will prepare and transmit the warrant to survey, at least 10 days after the date of last public…

§ 135.1. Application for patents. In addition to complying with the requirements of § 131.2 (relating to applications for patents) applications for patents or unappropriated land either where only warrant rights are outstanding or where only warrant and survey rights are outstand…

§ 135.2. Liens. Upon receipt and approval of the proof of publication and receipt for payment as required in § 131.3 (relating to advertisement), the Commission will request a remittance of $25 from the applicant; if the tract appears on the lien docket prior to January 1, 1935. …

§ 135.3. Procedure for filing caveat. (a) Anyone filing a caveat under this chapter shall pay a fee of $2.00 and submit a bond, or other security approved by the Commission, in the amount of $25. (b) In the case of unappropriated land where only warrant and survey rights are outs…

§ 135.4. Forms. If no caveat is entered on the land or after disposition of a caveat in favor of the applicant, and upon receipt of the prescribed fees, but not less than 10 days after the date of last publication of the notice of filing, the applicant or caveator shall receive e…

GENERAL PROVISIONS § 137.1. Communications. Communications for the Board shall be addressed to the Secretary of Community Affairs, Post Office Box 155, Harrisburg, Pennsylvania 17120.

§ 137.2. Depositions. Depositions of witnesses submitted to the Board will become a part of the record and may not be withdrawn.

§ 137.3. Fees. Fees for business relating to the Board shall be as follows: (1) Filing caveat … $2 (2) Issuing citation … $2 (3) Recording application for resurvey … $2 (4) Order of resurvey … $2 (5) Copy of action or determination of Board … $2

CAVEAT § 137.4. Form. A caveat may be entered against the granting of a warrant, acceptance of a survey or granting of a patent. The caveat shall be in writing and accompanied by a complete abstract of title or chain of circumstances forming the basis of the caveator’s claim. No …

§ 137.5. Disposition of deposit. (a) A caveat may not be recognized and processed unless the caveator deposits, with the caveat, fees as determined by the Department of Community Affairs and including purchase money in the case of vacant land. (b) If the decision of the Board is …

§ 137.6. Effect. (a) A caveat entered against the granting of a warrant on an application on file shall bar the issuing of the warrant except when: (1) The caveator is deemed to have abandoned his objections. (2) The caveator has not shown proof in support of his claim. (3) The B…

§ 137.7. Citation. (a) A citation shall be issued on a pending caveat on the application of a party in interest. A 30-day notice shall be given to the opposite party of the time and date on which the case shall be heard by the Board. Either party desiring to take depositions of w…

§ 137.8. Resurvey. (a) A petition for an order of resurvey shall include all of the following: (1) The name of the warrantee. (2) The date of warrant upon which the former survey was made. (3) The reasons for the resurvey. (b) An order for resurvey shall require the caveator to a…

§ 137.9. Caveator as plaintiff. (a) The party who enters a caveat shall become the plaintiff or complainant, and shall open the case and make the concluding argument at the hearing. (b) Subsection (a) supersedes 1 Pa. Code § 35.125(a) (relating to order of procedure). Notes of De…

§ 141.1. Purpose of Bureau; definition. (a) As used in this chapter, the term Bureau means the Bureau of Legislation, Commissions and Elections. (b) The purpose of the Bureau is to record laws, resolutions, acts and proceedings of the General Assembly.

§ 141.2. Recording of General Assembly proceedings. (a) During legislative sessions, 25 copies of all bills shall be maintained separately by the Bureau for distribution to the Chief Clerk of the Governor upon passage of each bill and to pertinent departments, and for certificati…

§ 141.3. Bill filing; public inspection. (a) Original copies of all bills shall be filed currently by the Bureau for a period of two years dating from the end of each legislative session. (b) Original copies of all acts, resolutions and vetoes shall be filed permanently at the en…

§ 141.4. Joint Resolutions. Joint Resolutions shall be processed in the same manner as bills except for the following: (1) Copies may not be sent to the Governor for action. (2) A copy shall be filed with the Bureau for placement on the ballot at the next election.

§ 141.5. Certifications of statutes. (a) Requests for certifications of statutes shall specify the law and year; the act or pamphlet law number; and the subject matter of the law. (b) Certifications issued shall be subject to the following fee schedule: (1) Seal of the Secretary …

§ 143.1. Scope of chapter. This chapter applies to all proceedings under this part.

§ 143.2. General provisions. (a) Hearings shall be held whenever one of the following occurs: (1) The provisions of a statute, a decision of the courts or an opinion of the Attorney General require that a hearing be held by the Secretary of the Commonwealth; (2) Protest or object…

§ 143.3. Notice of hearing. The Secretary of the Commonwealth shall give at least 10 days written notice of the time and place of hearings under this chapter to all interested parties.

§ 143.4. Representation. (a) Interested parties may be represented by counsel at hearings held under this chapter. (b) Counsel may file briefs relating to the facts and applicable law, and they shall have the opportunity to present oral arguments.

§ 143.5. Conduct of hearings. Hearings shall be held in accordance with sections 31—36 of the Administrative Agency Law (71 P. S. § § 1710.31—1710.36) (Repealed).

§ 143.6. Decisions. (a) Within 30 days after each hearing the Secretary of the Commonwealth shall file a written decision. The time may be extended for an additional period not exceeding 10 days when required for reasonable investigation. (b) Decisions shall set forth briefly fin…

§ 151.1. Schedule of fees. The Bureau of Legislation fee schedule shall conform with the following table: DescriptionFee (in dollars) Great Seal Certification$10 Certification requiringSecretary’s Seal$7.50

§ 153.1. Applicability of general rules. Under 1 Pa. Code § 31.1 (relating to scope of part), 1 Pa. Code Part II (relating to general rules of administrative practice and procedure), are applicable to the activities of and proceedings before the Legislative Bureau.

§ 161.1. Schedule of fees. (a) The following fees are charged for services provided by the office, relating to commissions, notaries public and the public acts and transactions of the Secretary of the Commonwealth and the Department of State: DescriptionFee (in dollars) CERTIFICA…

§ 163.1. Applicability of general rules. Under 1 Pa. Code § 31.1 (relating to scope of part), 1 Pa. Code Part II (relating to general rules of administrative practice and procedure) is applicable to the activities of and proceedings before the Department of State relating to comm…

PA-CODE-4.165.165.1 Statement of policy—lesser offenses incompatible with the duties of a notary public § 165.1. {Reserved}.

GENERAL PROVISIONS § 171.1. Scope and purpose. This chapter serves to insure application of the Federal Voting Rights Act Amendments (42 U.S.C.A. § 1973aa et seq.) in this Commonwealth.

ABSENTEE BALLOTING § 171.11. Absentee balloting for President and Vice President. (a) An individual who would be qualified to vote in person under Commonwealth law, shall be allowed to cast an absentee ballot for President and Vice President if the individual properly submits the…

§ 171.12. Absentee registration for President and Vice President. (a) A person qualified to vote for President and Vice President under the provisions of the 1970 Voting Rights Act Amendments (42 U.S.C.A. § 1973aa et seq.) as described in the opinion of the Attorney General which…

§ 171.13. Absentee electors outside the country. (a) A registered voter making application for an absentee ballot from outside the country is not required to do anything more than any other registered voter applying for an absentee ballot. The individual need only swear or affirm…

§ 171.14. Time and date of receipt verification. (a) Returned absentee ballots shall be immediately stamped showing the time and date of receipt. It is suggested that a continuing list be kept as absentee ballots are received showing the date and time of receipt and the name of t…

§ 171.15. Counting of absentee ballots valid for President and Vice President only. (a) Before and after the counting of ballots, those absentee ballots valid only for the Presidential and Vice Presidential election under the 1970 Voting Rights Act Amendments (42 U.S.C.A. § 1973a…

§ 171.16. Form of affidavit for absentee ballot registration. The following form of affidavit for absentee ballot registration due to illness or permanent physical disability is attached hereto and made a part of this section: Physician’s Certificate of Permanent Disability I her…

§ 171.2. Penalty. Local election officials who fail to make Federal voting rights available to all qualified voters are subject to fines of up to $5,000 or imprisonment of up to 5 years, or both.

NOMINATION PAPERS § 171.21. Preamble of nomination papers. The preamble of all nomination papers shall read as follows: NOMINATION PAPER We, the undersigned, all of whom are qualified electors of Pennsylvania and of County, hereby nominate the following persons as candidates repr…

§ 171.22. Ethics affidavit. An affidavit that the candidate has filed a statement of financial interests with the State Ethics Commission may be included on the nomination petition or nomination paper. Authority The provisions of this § 171.22 issued under section 506 of The Admi…

§ 171.3. Special separate ballots. A special separate ballot shall be prepared and available for persons who only qualify to vote under the 1970 Federal Voting Rights Act Amendments (42 U.S.C.A. § 1973aa et seq.). This ballot will consist of the party block column and the names o…

§ 172.1. Definitions. The following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise: Affiliated organization—Both of the following: (i) Authorized committees of the same candidate. (ii) Committees—including sepa…

§ 173.1. Schedule of fees. The Bureau of Elections fee schedule shall conform with the following table: Description Fee (in dollars) Nomination Petition Filing Fees President of the United States$50 United States Senator$50 Governor$50 Judge of Supreme Court$50 Judge of Superior …

§ 174.1. Business entity. (a) A rational and appropriate distinction may be made between enterprises operated for profit and those for nonprofit. The word ‘‘business’’ connotes being operated for profit. The purpose of Act 201 is to require disclosure of political contributions w…

§ 174.10. Unemancipated child. The term ‘‘unemancipated child’’ means a person below the age of 18 receiving at least one-half of his support, which could include room and board, from a parent or guardian.

§ 174.2. Awarded nonbid contracts. (a) This phraseology is broadly inclusive, since the discretionary element in awarding such contracts provides the potential for abuse which Act 201 is attempting to uncover. Accordingly, the term ‘‘nonbid contract’’ includes all service purchas…