CHAPTER 11. PREPARATION OF NOTICES, RULEMAKING PROPOSALS AND UNPUBLISHED REGULATIONS

DOCUMENTS IN GENERAL

Sec.


11.1.    General requirements.
11.2.    Name of issuing agency.
11.3.    Name of agency subdivision.
11.4.    Agency document designation.
11.5.    Additional captions.
11.6.    Authority citation.

NOTICES OF PROPOSED RULEMAKING


11.21.    General requirements.
11.22.    Code designation.
11.23.    Codification.
11.24.    [Reserved].

SAMPLE FORMS


11.31.    Sample notice of opportunity for hearing.
11.32.    Sample notice of hearing.

Authority

   The provisions of this Chapter 11 issued under sections 201 and 206 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. § §  1201 and 1206); and 45 Pa.C.S. § §  503, 701 and 723, unless otherwise noted.

Source

   The provisions of this Chapter 11 adopted by JCD Order No. 4, dated July 8, 1969, unless otherwise noted.

Cross References

   This chapter cited in 1 Pa. Code §  7.6 (relating to format of regulations); and 1 Pa. Code §  35.2 (relating to contents of applications).

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).

§ 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 of the issuing agency.

Cross References

   This section cited in 1 Pa. Code §  11.4 (relating to agency document designation).

§ 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 subdivision).

§ 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 be used.

§ 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.

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. §  1201) or by another statute, and similar notices voluntarily undertaken, shall include a statement of:

   (1)  The time, place and nature of public rulemaking proceedings.

   (2)  Reference to the authority under which the rule is proposed.

   (3)  Either the terms or substance of the proposed rule or a description of the subjects and issues involved.

§ 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 follows:

[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 regulation shall be underscored and words to be deleted shall be enclosed in brackets.

§ 11.24. [Reserved].


Source

   The provisions of this §  11.24 rescinded by JCD Order No. 6, dated May 21, 1970, 1 Pa.B. 10, superseding official text appearing at serial pages (0095) to (0096).

SAMPLE FORMS


§ 11.31. Sample notice of opportunity for hearing.



DEPARTMENT OF GENERAL SERVICES
JOINT COMMITTEE ON DOCUMENTS

PROPOSED PRINTING OF PENNSYLVANIA BULLETIN ON
COMMONWEALTH EQUIPMENT
[DOCKET NO. CA-1]
Notice of Opportunity for Hearing


 Notice is hereby given that the Joint Committee on Documents proposes to determine under section 413 of the Commonwealth Documents Law, act of July 31, 1968 (No. 240) (45 P. S. §  1413) that the application of such provision to the Pennsylvania Bulletin is impracticable and effective July 1, 1970, to cause the Pennsylvania Bulletin to be printed on the web-fed XK 4000 offset press of the Bureau of Publications, Department of Property and Supplies, or any replacement or improvement of such facility, unless within 30 days after the publication of this notice in the Pennsylvania Bulletin, a written request for a public hearing under said Section 413 is filed with the Director, Legislative Reference Bureau, P. O. Box 1127, Harrisburg, Pennsylvania 17120.

 By the Joint Committee

 JOHN DOE

Chairman


Source

   The provisions of this §  11.31 added by JCD Order No. 6, dated May 21, 1970, 1 Pa.B. 10.

Cross References

   This section cited in 22 Pa. Code §  233.123 (relating to reinstatements).

§ 11.32. Sample notice of hearing.



DEPARTMENT OF GENERAL SERVICES
JOINT COMMITTEE ON DOCUMENTS
[DOCKET NO. CA-1]

PROPOSED PRINTING OF PENNSYLVANIA BULLETIN ON
COMMONWEALTH EQUIPMENT



Notice of Hearing


 Notice is hereby given that, a protest having been filed in this proceeding on April 2, 1970 by the Amalgamated Printing Enterprise, Inc., a public hearing will be held on Thursday, June 11, 1970, at 10:00 A.M., local time, in Room 123, Main Capitol Building, Harrisburg, Pennsylvania under Section 413 of the Commonwealth Documents Law, act of July 31, 1968 (No. 240) (45 P. S. §  1413) to determine whether the application of such provision to the Pennsylvania Bulletin is impracticable. Any interested person desiring to participate shall file a notice of intervention with the Director, Legislative Reference Bureau, P. O. Box 1127, Harrisburg, Pennsylvania 17120, or in the office of the Bureau, Room 641 Main Capitol Building, Harrisburg, on or before 4:00 P.M., local time, Friday, June 5, 1970.

 By the Joint Committee

 JOHN DOE

 Secretary


Source

   The provisions of this §  11.32 added by JCD Order No. 6, dated May 21, 1970, 1 Pa.B. 10.

Cross References

   This section cited in 22 Pa. Code §  233.123 (relating to reinstatements).



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