Pennsylvania Administrative Code

§ 191.1. Definitions. (a) The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Boundaries—The physical requirements for the resulting election district boundaries as set forth in the Pennsylvania El…

§ 191.2. Procedures for implementing alteration of local election districts. (a) Within 30 days of an alteration, the county board of elections shall submit a report, as defined in § 191.1(a) (relating to definitions), to the Bureau either electronically or in paper form. (b) The…

§ 191.3. Procedures for implementing the outcome of alteration of local election districts. (a) The county board of elections or voter registration commission shall enter the outcome of the alteration in the Statewide Uniform Registry of Electors (SURE), only after it has complet…

§ 191.4. Procedures for reporting election results. The county board of elections shall report election results for each election district within the county either electronically in the format prescribed by the Secretary of the Commonwealth or on the paper form provided by the Se…

§ 193.1. Congressional Districts; Textual Description of Pennsylvania Supreme Court’s Remedial Plan—February 2018.1 Pursuant to Order of the Pennsylvania Supreme Court, notice is hereby given of the textual description, as prepared by the Legislative Data Processing Center, of th…

GENERAL PROVISIONS § 2.1. Purpose. The act provides for the award of fees and other expenses to eligible individuals and entities who are parties to certain administrative proceedings initiated by Commonwealth agencies. An eligible party may receive an award, except as otherwise …

§ 2.11. Statements of policy. The act requires the Governor’s Office of Budget and Administration to promulgate guidelines or uniform procedures for the submission and consideration of applications for awards of fees and other expenses. Those guidelines are contained in § § 2.1—2…

§ 2.12. Definitions. The following words and terms, when used with this subchapter, have the following meanings, unless the context clearly indicates otherwise: Adjudicative officer—The final deciding official of an agency, whether designated an administrative law judge, hearing …

§ 2.13. Submission of application. An applicant must submit an application to the adjudicative officer within 30 calendar days after final disposition of the adversary adjudication. The additional copy required by the act is to be sent directly to the agency’s chief counsel.

§ 2.14. Reopening of record. The adjudicative officer may reopen the record following final disposition to require additional evidence relating to the amount of fees and expenses and whether or not they were reasonable and necessary. No further evidence may be presented at that t…

§ 2.15. Net worth and number of employes. Both the net worth and the number of employes of an applicant and all of its affiliates shall be aggregated to determine eligibility. A party that directly or indirectly controls or owns a majority of the voting shares of another business…

§ 2.16. Sole owner of an unincorporated business. (a) An individual who is the sole owner of an unincorporated business and who, at the time the adversary adjudication was initiated against him, had an individual net worth not exceeding $500,000 but whose unincorporated business …

§ 2.17. Fees for expert witnesses. If a rate of compensation for expert witnesses has not been established by an agency, the rate should not exceed Step H of Pay Range 53 of the Commonwealth’s Standard Pay Schedule S-1.

§ 2.18. Fees for attorneys. Justification for attorney fees in excess of $75 per hour must be documented by the applicant’s attorney and included as part of the application.

§ 2.19. Method of payment. Awards shall be paid as they become due. If sufficient funds are not available during the close out of a fiscal year to pay all awards, remaining awards should be prorated accordingly and the unpaid balance paid from appropriations made to the agency in…

§ 2.2. Definitions. The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise: Act—Act of December 13, 1982 (P. L. 1127, No. 257) (71 P. S. § § 2031—2035). Adjudication—A final order, decree, decision,…

§ 2.20. Reports. When an award of fees or other expenses is made, the agency shall provide a report to the Secretary of Administration. The reports shall include a brief summary of the circumstances underlying the disposition of the case and the basis for the award, the amount of…

§ 2.3. Effective date and termination. (a) This subchapter is effective for proceedings begun on or after July 1, 1983. (b) This subchapter expires July 1, 1997. Source The provisions of this § 2.3 adopted May 18, 1984, effective May 19, 1984, 14 Pa.B. 1707; amended March 4, 1988…

§ 2.31. Purpose. The act provides for the payment of interest penalties to qualified small business concerns when payments for property or services provided to Commonwealth agencies are not made by required payment dates. This subchapter prescribes eligibility requirements, payme…

§ 2.32. Definitions. The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise: Act—The act of December 13, 1982 (P.L. 1155, No. 266) (72 P.S. § 1507). Business concern—Any person (sole proprietorship,…

§ 2.33. Effective date. This subchapter applies to contracts entered into for the acquisition of property or services on or after June 11, 1983.

§ 2.34. Applicability to Commonwealth agencies. Commonwealth agencies are subject to this subchapter.

§ 2.35. Policy governing payments of interest penalties. (a) Each Commonwealth agency which acquires property or services from a qualified small business concern but which does not make payment for each such complete delivered item of property or service by the required payment d…

§ 2.36. Eligibility requirements. (a) A qualified small business concern, to be eligible under this subchapter, shall include the following on the face of every invoice presented to the Commonwealth:‘‘(name of vendor) is a qualified small business concern as defined in 4 Pa. Code…

§ 2.37. Responsibilities of Commonwealth agencies. (a) Commonwealth agencies will specify a payment office or finance center on every contract or purchasing document. (b) Separate required payment dates will be specified by Commonwealth agencies for contracts under which property…

§ 2.38. Exclusions. (a) This subchapter does not apply to public contracts subject to the act of November 26, 1978 (P. L. 1309, No. 317) (73 P. S. § § 1621—1631), referred to as the Public Works Contract Regulation Law. (b) Interest penalties will not accrue on invoices remaining…

§ 2.39. Method of payment. (a) Commonwealth agencies will pay any interest penalties required by the act and this subchapter out of funds made available for the administration or operation of the program for which the penalty was incurred or from general administrative funds of t…

§ 2.4. Applicability to Commonwealth agencies. Every executive and independent Commonwealth agency, as defined in the act, the Auditor General, the State Treasurer and the Pennsylvania Public Utility Commission are subject to this subchapter. Cross References This section cited i…

§ 2.40. Reports required of agencies. Reports will be as required by the Secretary of the Budget through the Directives Management System. APPENDIX A (Editor’s Note: 1 Pa. Code § 3.13(b) (relating to contents of Bulletin) gives the Legislative Reference Bureau discretion to exclu…

§ 2.5. Awards of fees and expenses. (a) A Commonwealth agency that initiates an adversary adjudication will award to a prevailing party, other than the Commonwealth, fees and other expenses incurred by that party in connection with that proceeding, unless the adjudicative officer…

§ 2.6. Eligibility. (a) To be eligible for an award of fees and expenses under the act, an applicant shall be a party, as defined in the act; shall prevail over the Commonwealth agency initiating the adversary adjudication; shall allege that the position of the Commonwealth agenc…

§ 2.7. Application and other forms. (a) Application forms will be available, insofar as possible, from adjudicative officers. The form will also be published in the Pennsylvania Bulletin as a notice. The application must be completed by the prevailing party and submitted to the a…

§ 2.8. Records. A completed set of application and other forms, with attachments, shall be maintained by the chief counsel of the Commonwealth agency involved in the proceeding. The chief counsel shall provide a complete set to the agency fiscal officer when an award is to be pai…

§ 2.9. Agency rules. (a) Section 4(b) of the act (71 P. S. § 2034(b)) requires that ‘‘after consultation with the Secretary of Budget and Administration, each agency shall by rule establish specific procedures for the submission and consideration of applications for an award of f…

§ 241.1. Definitions. The following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise: Active member—Employees on intervening military service or studying under a Federal grant as defined in section 5302(b) of the…

§ 243.1. Conditions of mandatory and optional membership. The Commonwealth employes listed in section 5301(a)(1)—(11) of the code (relating to mandatory and optional membership) shall have the option to elect membership or nonmembership in the System. The election of membership o…

§ 243.10. Eligibility for annuities. (a) An active member or an inactive member on leave without pay, whose original date of membership is prior to October 7, 1975, who achieves superannuation age, irrespective of service, shall be eligible to receive a superannuation annuity or …

§ 243.11. Eligibility for vesting. A member under superannuation retirement age with ten or more eligibility points may elect to vest his retirement benefits only upon discontinuance of service, provided the election is made within a period of 90 days thereafter. Source The provi…

§ 243.12. Eligibility for death benefits. A member who has terminated State service who has not filed an application for withdrawal of contributions having ten or more eligibility points, or being eligible for a superannuation retirement allowance, shall, in the absence of applyi…

§ 243.13. Eligibility for refunds. (a) Active member. The election by an active member to receive only his total accumulated deductions upon termination of service shall be an unconditional waiver to receive any benefit to which he would otherwise be entitled. (b) Vestee. Any ves…

§ 243.14. Eligibility for benefits. (a) A member who has terminated State service having attained 35 eligibility points shall be eligible for a superannuation retirement allowance, irrespective of age, upon filing of the proper application therefor. Any member who has terminated …

§ 243.2. Temporary and seasonal employes. (a) In those cases where an individual is employed on a temporary basis with a predetermined date of termination which is less than one year, although that may occur more than 100 days or 750 hours after the initial date of employment, su…

§ 243.3. Optional alternate retirement program. School employees, limited to certain designated employees and officers of The Pennsylvania State University, Indiana University of Pennsylvania, the State System of Higher Education and the Department of Education, shall be permitte…

§ 243.4. Credited State service. (a) In the case of a member who withdraws his total accumulated deductions, his membership and service credits shall be cancelled. (b) Credited State service shall be available to a member on leave without pay on March 1, 1974, or thereafter, who …

§ 243.5. Retention and reinstatement of service credits. In the event of a subsequent return to State service of a former member whose membership has been cancelled, any reinstatement of former credited service will be without social security integration supplement credits, regar…

§ 243.6. Creditable nonstate service. (a) Nonintervening military service. Credit for nonintervening military service will be available for all qualified military service actually rendered, as defined in this section, for which purchase shall be requested but, in no event, exceed…

§ 243.7. Social Secutiry integration credits. Those members with accrued social security integration credits on March 1, 1974, may continue to earn Social Security integration credits until service is terminated. Those members in continuous service who terminate after March 1, 19…