Pennsylvania Administrative Code

§ 1.1. Title of official legal codification. The official legal codification published under 45 Pa.C.S. § 701 (relating to official codification created) shall be known as the Pennsylvania Code.

§ 1.2. Citation of Code. Under 45 Pa.C.S. § 507 (relating to form of citation) without prejudice to another mode of citation the Code may be cited by title and section number. The approved short form of citation to the Code is ‘‘Pa. Code’’. Thus ‘‘1 Pa. Code § 1.2’’ refers to sec…

§ 1.3. Arrangement of Code. (a) The Code is divided into titles which are subdivided as follows: (1) Parts, identified by Roman numerals, beginning with a title. (2) Subparts, identified by letters, beginning with a part. (3) Articles, identified by Roman numerals, beginning with…

§ 1.4. Definitions. The following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise: Act—The act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. § § 1102, 1201—1208 and 1602); and 45 Pa.C.S. Chapters 5, 7 and 9, k…

§ 1.5. Headings, etc., not to be used in construing. Title, part, subpart, article, division, subdivision, chapter, subchapter and section headings contained in the Code may not be deemed to govern, limit, modify or affect the scope, meaning or intent of the Code. In prescribing …

§ 1.6. Tenses, gender and number. Except as otherwise stated in a title, part, subpart, article, division, subdivision, chapter, subchapter or section of the Code, the present tense includes the past and future tenses, and the future the present; the masculine gender includes the…

§ 1.7. Statutory Construction Act of 1972 applicable. Section 1502(a)(2) of 1 Pa.C.S. (relating to application of part) provides that, except as otherwise provided by statute or the agency adopting the document, 1 Pa.C.S. Part V (relating to Statutory Construction Act of 1972) ap…

DOCUMENTS IN GENERAL § 11.1. General requirements. A document not subject to codification shall be prepared in conformity with this chapter and of Chapter 13 (relating to preparation and transmittal of documents generally).

§ 11.2. Name of issuing agency. The name of the issuing agency shall be carried at the beginning of the document. Cross References This section cited in 1 Pa. Code § 11.4 (relating to agency document designation).

NOTICES OF PROPOSED RULEMAKING § 11.21. General requirements. Notice of proposed rulemaking shall conform to this chapter and of Chapter 7 (relating to procedure for adoption or change of regulations). Notice of proposed rulemaking required by section 201 of the act (45 P. S. § 1…

§ 11.22. Code designation. The area of the Code directly affected by a proposed rule shall be identified by placing the appropriate Pa. Code citation in brackets immediately below the name of the issuing agency. Ordinarily this citation will consist of title and chapter, as follo…

[1 PA. CODE CH. 11] § 11.23. Codification. A portion of a proposed rulemaking document which consists of the full text of a proposed rule shall also conform to Chapter 9 (relating to preparation of documents subject to codification). Words which are to be added to an existing reg…

§ 11.3. Name of agency subdivision. When a document is issued by or for a specific board, commission or bureau or similar unit within a department or overall agency, the name of the board, commission, bureau or unit shall be carried on a separate line immediately below the name o…

SAMPLE FORMS § 11.31. Sample notice of opportunity for hearing. DEPARTMENT OF GENERAL SERVICESJOINT COMMITTEE ON DOCUMENTS PROPOSED PRINTING OF PENNSYLVANIA BULLETIN ONCOMMONWEALTH EQUIPMENT[DOCKET NO. CA-1]Notice of Opportunity for Hearing Notice is hereby given that the Joint C…

§ 11.32. Sample notice of hearing. DEPARTMENT OF GENERAL SERVICESJOINT COMMITTEE ON DOCUMENTS[DOCKET NO. CA-1] PROPOSED PRINTING OF PENNSYLVANIA BULLETIN ONCOMMONWEALTH EQUIPMENT Notice of Hearing Notice is hereby given that, a protest having been filed in this proceeding on Apri…

§ 11.4. Agency document designation. Agencies using file numbers, docket numbers or similar identifying symbols shall place them in brackets on a separate line immediately following the headings required by § § 11.2 and 11.3 (relating to name of issuing agency; and name of agency…

§ 11.5. Additional captions. A suitable short title identifying the subject shall be provided beginning on a separate line immediately following the other required caption or captions. Whenever appropriate, an additional brief caption indicating the nature of the document shall b…

§ 11.6. Authority citation. The authority under which the document is issued shall be cited in narrative form within text or in parentheses on a separate line following text.

DEPOSIT OF DOCUMENTS REQUIRED § 13.1. Undeposited documents. (a) Administrative regulations—whether or not required to be published—which are not deposited in and filed by the Bureau are not valid. (b) Statements of policy which are not filed with the Bureau and published under t…

ORIGINAL AND DUPLICATE ORIGINAL § 13.11. Deposit required. (a) Under 45 Pa.C.S. § 722(a) (relating to deposit of documents required), two duplicate original copies, certified by the executive officer, chairperson or secretary of the agency, or by the Administrative Office of Penn…

§ 13.12. Requirements as to form and size. Documents deposited with the Bureau by an agency under this part shall conform to this part and to the following requirements as to form and size: (1) The first page or face sheet of each document shall be white paper 8 1/2 inches wide b…

§ 13.13. Waiver of form requirements. The Bureau may waive the requirements of § 13.12 (relating to requirements as to form and size) which are not required by the act at the request of an issuing agency or court if the Bureau determines that the copy submitted by the agency or c…

§ 13.14. Signature. (a) Original and duplicate original documents deposited by an agency shall be signed in ink by the chairman, secretary or executive officer of the issuing agency. Initials and impressed signatures will not be acceptable. Certification by an acting officer, vic…

§ 13.15. Seal. Affixation of a seal to original and duplicate original documents deposited with the Bureau is preferred, but is not mandatory.

§ 13.16. Approval as to form and legality. (a) Attorney General. Section 204(b) of the Commonwealth Attorneys Act (71 P. S. § 732-204(b)) provides that the Attorney General shall review for form and legality proposed rules and regulations of Commonwealth agencies as defined in se…

OFFICIAL SYNOPSIS § 13.21. Official synopsis. (a) An agency shall advise the Bureau in advance of the planned submission of a voluminous document the full text of which will be published under § 3.3 (relating to periodic supplementation of Code; index). The Bureau will consult wi…

§ 13.3. Agency action or proceedings invalid in absence of notice required by Joint Committee. (a) Section 725(b) of 45 Pa.C.S. (relating to additional contents of Pennsylvania Bulletin) provides that whenever the Joint Committee finds, after notice to the agency affected and opp…

STYLE § 13.31. Punctuation, capitalization, orthography. The names of the subdivisions specified in § 1.3(a) (relating to arrangement of Code), except sections, shall be capitalized. Punctuation, capitalization, orthography and other matters of style shall conform in general to t…

§ 13.32. Geographic names. (a) Section 519 of The Administrative Code (71 P. S. § 199) provides that a department, board or commission shall, in preparing or publishing maps, reports or other documents showing or referring to a mountain, river, creek or other topographic feature …

§ 13.33. Descriptions of tracts of land. Descriptions of tracts of land shall conform, so far as practicable, with the most recent edition of the ‘‘Specifications for Descriptions of Tracts of Land for Use in Executive Orders and Proclamations,’’ prepared by the Bureau of Land Ma…

§ 13.34. Use of words or figures to express numbers. (a) General. The numbers ten and under, when not used in a citation, date, monetary amount, percentage, time, distance, age or similar quantity, are expressed in words only in running text. The number 11 and larger and numbers …

§ 13.35. References to the Commonwealth. (a) The government of the Commonwealth of Pennsylvania at the Statewide level shall be referred to as the Commonwealth except when used in connection with a reference to the government of the United States of America, when the term State i…

§ 13.36. Enumeration in running text. The style and punctuation of enumerations in running text shall conform to the following rules: (1) The items in the tabulated enumeration shall belong to the same class, for example, the enumeration shall have a common theme or thread. (2) A…

§ 13.37. Conferring powers and imposing duties. (a) Except as otherwise provided in subsection (c), powers and duties shall be expressly conferred and imposed by regulation upon departments, boards, commissions and other offices in their institutional capacities, rather than upon…

§ 13.38. Special rules of administrative practice and procedure. (a) If it is intended that a regulation supersede the applicable provisions of Part II (relating to General Rules of Administrative Practice and Procedure), the section or other provision of the General Rules of Adm…

§ 13.39. Units of weights and measures. (a) General references to quantitative concepts shall be made as follows: (1) General references to quantitative concepts shall be consistent with ultimate primary or predominant use of the metric system of measurement. Examples are as foll…

§ 13.4. Deposit of home rule charter documents. (a) Under 45 Pa.C.S. § 722(d) (relating to deposit of documents required) the election officials responsible for the question of adopting, amending or repealing a home rule charter or optional plan of government shall deposit a cert…

ILLUSTRATIONS, TABULAR MATERIAL AND FORMS § 13.41. Illustrations and tabular material. If possible, documents should be drafted so that the inclusion of illustrations and tabular material is unnecessary. If their inclusion cannot be avoided, the documents will be held for delayed…

§ 13.42. Forms. Tabulated blank forms for application, registration, reports, contracts, and the like, and the instructions for preparing the forms will not be published in full if the agency ordinarily will not accept for filing material prepared on other than Commonwealth-furni…

AGENCY REPRESENTATIVES § 13.45. Designation. An agency shall designate a representative to serve as liaison officer in relation to the Bureau. Cross References This section cited in 1 Pa. Code § 13.46 (relating to notification of designation).

§ 13.46. Notification of designation. An agency shall notify the Bureau, in writing, of the name, title, address and telephone extension of each agency representative designated in compliance with § 13.45 (relating to designation). If a change in representation is made by an agen…

§ 13.47. Liaison duties. The liaison officer shall represent an agency in matters relating to the submission of documents to the Bureau and respecting general compliance with this part. The liaison officer is responsible for the effective distribution and use within his agency of…

§ 13.5. Deposit of management directives. Documents relating to internal government management and operations issued through the Directives Management System as provided by 4 Pa. Code Chapter 1, Subchapter A (relating to directives management system), shall be deposited with the …

TRANSMITTAL AND PROCESSING § 13.51. Letters of transmittal. A letter of transmittal is not required, but should be used if special handling or treatment is desired. The Code may not be amended by an instrument in the form of a letter. A letter is not an appropriate form for a doc…

§ 13.52. Filing by Bureau. (a) Section 722(a) of 45 Pa.C.S. (relating to deposit of documents required) provides that if the Bureau finds that a document deposited with it under the act has been approved as to legality, if approval is required, and is in the form and format requi…

§ 13.53. Publication schedules. Documents properly submitted for publication in the Bulletin will be immediately assigned by the Bureau to one of the following publication schedules: Schedule 1—Regular. Schedule 2—Special. Authority The provisions of this § 13.53 issued under 45 …

§ 13.54. Receipt and processing. Documents shall be received during official office hours as fixed by § 17.3 (relating to location and office hours of the Bureau). Upon receipt, documents shall be held for confidential processing until filed for public inspection. Cross Reference…

§ 13.55. Filing for public inspection. Documents to be published in the Code only, filed documents which will not be published and documents deposited under § 13.74 (relating to effectiveness prior to publication) shall be filed for public inspection upon completion of preliminar…

§ 13.56. Correction of errors. Sections 901 of 45 Pa.C.S. (relating to official text of published documents) provides that if an agency discovers an error or omission in the Code or in the official text of a document published under this part, the agency shall forthwith deposit, …

§ 13.74. Effectiveness prior to publication. If an agency finds that the deferral of the effective date of a document until deposit of the issue of the Bulletin containing the document in the United States mail for distribution under § 5.3 (relating to effective date of documents…