CHAPTER 251. RULES AND PROCEDURES

Sec.


251.1.    Definitions.
251.2.    Purpose.
251.3.    [Reserved].
251.4.    Membership.
251.5.    [Reserved].
251.6.    Officers.
251.7.    Staff.
251.8.    Committees.
251.9.    Courtesy of the Commission.
251.10.    [Reserved].
251.11.    Expenses.
251.12.    Meetings.
251.13.    Notices.
251.14.    Public observers.
251.15.    Quorums.
251.16.    Voting.
251.17.    Operating conduct.
251.18.    Record of proceedings.
251.19.    Hearings and requests for presentations.
251.20.    Review and amendment.

§ 251.1. Definitions.

 The following words and terms, when used in this chapter, shall have, unless the context clearly indicates otherwise, the following meanings:

   Board—The State Board of Education.

   Chairperson—The Chairperson of the Commission.

   Commission—The Postsecondary Education Planning Commission, formerly known as the 1202 Commission and also known as the 1203 Commission, authorized by 20 U.S.C.A. §  1143 and established by the Governor upon recommendation of the Board through its resolution of March 15, 1974.

   Council—The Council of Higher Education of the Board.

   Department—The Department of Education of the Commonwealth.

   Secretary—The Secretary of Education of the Commonwealth.

Source

   The provisions of this §  251.1 amended October 9, 1981, effective October 10, 1981, 11 Pa.B. 3513. Immediately preceding text appears at serial page (35132).

§ 251.2. Purpose.

 The purpose of this chapter is to plan for a comprehensive system encompassing all forms of postsecondary education and thereby providing educational opportunities and programs for all those in this Commonwealth who have the aptitude and motivation to pursue postsecondary education and meet more effectively the needs of society for an educated citizenry and trained personnel. The Commission will make recommendations to the Board through its Council regarding these matters and will provide advice at the request of the Board about planning matters affecting major segments of the postsecondary education community.

Source

   The provisions of this §  251.2 amended October 9, 1981, effective October 10, 1981, 11 Pa.B. 3513. Immediately preceding text appears at serial page (35132).

§ 251.3. [Reserved].


Source

   The provisions of this §  251.3 reserved October 9, 1981, effective October 10, 1981, 11 Pa.B. 3513. Immediately preceding text appears at serial page (35132).

§ 251.4. Membership.

 Membership will consist of the nine members of the Council.

Source

   The provisions of this §  251.4 amended October 9, 1981, effective October 10, 1981, 11 Pa.B. 3513. Immediately preceding text appears at serial pages (35132) and (35133).

§ 251.5. [Reserved].


Source

   The provisions of this §  251.5 reserved October 9, 1981, effective October 10, 1981, 11 Pa.B. 3513. Immediately preceding text appears at serial page (35133).

§ 251.6. Officers.

 (a)  The chairperson of the Council or a designee from the Council will be chairperson. The chairperson will preside at all meetings, work closely with the Chief Executive Officer in developing meeting agenda, call meetings as needed, and generally represent the Commission.

 (b)  Other officers may be appointed on a permanent or temporary basis by the chairperson as the need demands.

Source

   The provisions of this §  251.6 amended October 9, 1981, effective October 10, 1981, 11 Pa.B. 3513. Immediately preceding text appears at serial page (35133).

§ 251.7. Staff.

 The Chief Executive Officer of the Commission will be the Commissioner for Higher Education. The Chief Executive Officer will be responsible for the observance of the provisions of this chapter, the general coordination and management of the work of the Commission, and other related matters. The responsibilities and duties of the staff will include the following:

   (1)  Managing the administrative details of meetings of the Commission and any special committees appointed by the Commission, including the preparation of agenda, keeping of minutes and records of actions, proper circulation of notices of meetings of the Commission, and arranging for expenses.

   (2)  Organizing and providing information materials and assisting with reports of the Commission.

   (3)  Serving as a liaison between the Commission, the Department, and other agencies or organizations which are concerned with the services of the Commission.

   (4)  Providing advisory services to the Commission and its committees.

Source

   The provisions of this §  251.7 amended October 9, 1981, effective October 10, 1981, 11 Pa.B. 3513. Immediately preceding text appears at serial pages (35133) and (35134).

§ 251.8. Committees.

 All committees and chairpersons as needed in keeping with the broad responsibilities of the Commission will be appointed by the chairperson. The chairpersons of all committees will be selected from the Commission membership and will be responsible for calling meetings, preparing reports and recommendations for Commission action, and enlisting assistance of lay and professional persons as committee participants. Meetings will be held at the call of the committee chairperson. All members of the Commission will be sent notices of every meeting. Notes of committee meetings will be circulated to all Commission members.

Source

   The provisions of this §  251.8 amended October 9, 1981, effective October 10, 1981, 11 Pa.B. 3513. Immediately preceding text appears at serial page (35134).

§ 251.9. Courtesy of the Commission.

 In the event that the Governor, a member of the legislature, a chief executive officer of an institution of postsecondary education, or other dignitary is in attendance at a Commission or committee meeting, the chairperson may extend the ‘‘Courtesy of the Commission/Committee’’ to such individual, inviting that person to sit with the Commission or committee with full speaking privileges on any and all issues coming before the Commission or committee but without the right to vote.

§ 251.10. [Reserved].


Source

   The provisions of this §  251.10 reserved October 9, 1981, effective October 10, 1981, 11 Pa.B. 3513. Immediately preceding text appears at serial page (35135).

§ 251.11. Expenses.

 Members of the Commission will receive no compensation for their services, but will be reimbursed for the actual and necessary expenses incurred in the performance of official Commission business as well as for housing, travel, and subsistence expenses in accordance with rules and regulations of the Comptroller.

Source

   The provisions of this §  251.11 amended October 9, 1981, effective October 10, 1981, 11 Pa.B. 3513. Immediately preceding text appears at serial page (35135).

§ 251.12. Meetings.

 The Commission will meet on a schedule and at a place as determined by the Commission. In accordance with the act of July 19, 1974 (P. L. 486, No. 175) (65 P. S. § §  261—269) (Repealed), no executive meetings of the Commission or committees will be held except for personnel matters or as required by legal counsel.

§ 251.13. Notices.

 Notices of all general meetings of the Commission will be sent to members by the Executive Secretary of the Board will be posted at the offices of the Board and the Secretary and will be duly advertised and released to the general public. Notices of all committee meetings shall be advertised in accordance with the act of July 19, 1974 (P. L. 486, No. 175) (65 P. S. § §  261—269). Notices will also be sent to all Commission members by the committee chairperson in cooperation with the staff person assigned to the committee.

Source

   The provisions of this §  251.13 amended October 9, 1981, effective October 10, 1981, 11 Pa.B. 3513. Immediately preceding text appears at serial page (35135).

§ 251.14. Public observers.

 All meetings of the Commission and committees at which formal actions are taken will be open to the public at all times, subject to the following guidelines:

   (1)  Visitors to meetings, including representatives of the news media, may be present as observers but not as participants. Questions, comments, and discussion from the general public will be permitted only at the discretion of the Commission. This paragraph does not apply to staff and others who are invited by the chairperson, the Commission, or committees in the course of their proceedings.

   (2)  Space for visitors will be available on a first-come-first-served basis, at the time and place of meetings, in such manner as to neither impede nor interfere with the normal operating conduct of the meetings.

   (3)  Any person preventing, disturbing, or interrupting such public meeting may be requested to leave the meeting and may be removed upon failure to comply.

   (4)  Visitors to meetings will be allowed to record the proceedings. However, television cameras or photographic equipment shall not be used except with the expressed approval of the chairperson, the Commission or committee.

§ 251.15. Quorums.

 (a)  Quorums will consist of the following:

   (1)  Commission—a majority of the Commission.

   (2)  Committees—to be determined by the committee but in no case more than a majority.

 (b)  Quorum calls may be requested by any two or more members, and no action will be taken by the Commission or a committee unless a quorum is present and voting.

§ 251.16. Voting.

 Voting by the Commission and committees will be in accordance with Robert’s Rules of Order. Action will be taken as prescribed by a majority of those present and voting.

Source

   The provisions of this §  251.16 amended October 9, 1981, effective October 10, 1981, 11 Pa.B. 3513. Immediately preceding text appears at serial page (35136).

§ 251.17. Operating conduct.

 In the absence of any Commission-adopted rule to the contrary, Robert’s Rules of Order, will govern the conduct of business at all meetings.

§ 251.18. Record of proceedings.

 (a)  The Commission will record minutes of all official actions taken at formal meetings. Proceedings of informal meetings will be recorded as notes. Both will be in sufficient detail to expedite fully the work of the Commission.

 (b)  Reports, materials and statements of the Commission, approved by the Commission or its committees will be released through the chairperson.

Source

   The provisions of this §  251.18 amended October 9, 1981, effective October 10, 1981, 11 Pa.B. 3513. Immediately preceding text appears at serial page (35137).

§ 251.19. Hearings and requests for presentations.

 In addition to regular and special meetings of the Commission, opportunities will be available to the postsecondary education community and the public for assisting with and reacting to the work of the Commission. Public hearings and special presentations authorized by the Commission will be held for the specific purpose of receiving and recording the advice of interested parties in general and the public-at-large in particular on issues and other matters before the Commission. The hearings and presentations will be guided by the applicable requisites of The Administration Agency Law (71 P. S. § §  1710.1—1710.111) (Reserved), the provisions of this chapter and 1 Pa. Code Part II (relating to general rules of administrative practice and procedure).

§ 251.20. Review and amendment.

 (a)  The Commission will annually review this chapter and make such revisions as experience indicates are appropriate, subject to the approval of the majority of all members of the Commission.

 (b)  Amendments to this chapter may be made at any meeting of the Commission by a majority vote, provided a quorom is present. Any provision may be suspended for one particular meeting by a 2/3 vote of the total membership of the Commission, that is, six members.

Source

   The provisions of this §  251.20 amended October 9, 1981, effective October 10, 1981, 11 Pa.B. 3513. Immediately preceding text appears at serial page (35137).



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