RULES AND REGULATIONS
Title 4—ADMINISTRATION
STATE CIVIL SERVICE COMMISSION
[4 PA. CODE CHS. 93, 95, 97, 99, 101,
103 AND 105]
Rescission of Obsolete Regulations Pertaining to the Administration of Classified Service Employment
[53 Pa.B. 3082]
[Saturday, June 10, 2023]The State Civil Service Commission (Commission) amends Chapters 93, 95, 97, 99, 101, 103 and 105 by deleting all obsolete sections related to the administration of classified service employment in this Commonwealth. The obsolete sections deleted are set forth in Annex A.
Specifically, the Commission proposes to delete Chapters 95, 97, 101 and 103 in their entirety. With regard to Chapter 93, the Commission amends § 93.6 by deleting subsections (b) and (c) which are obsolete. Sections 93.1—93.5, 93.6(a), 93.7 and 93.8 are retained.
As for Chapter 99, the Commission is deleting all but § 99.31. Lastly, pertaining to Chapter 105, the Commission is deleting §§ 105.1, 105.3, 105.5 and 105.18 in their entirety. Sections 105.2, 105.4 and 105.11—105.17 are being retained.
Statutory Authority
The Commission issues this final-omitted rulemaking under the authority provided in: 1) section 506 of The Administrative Code of 1929 (71 P.S. § 186); 2) Executive Order 1996-1, Regulatory Review and Promulgation; and 3) section 204(3) of the act of July 31, 1968 (P.L. 796, No. 240), referred to as the Commonwealth Documents Law (CDL) (45 P.S. § 1204(3)).
Omission of Proposed Rulemaking
Public notice of intention to delete the regulations under the procedures set forth in sections 201 and 202 of the CDL (45 P.S. §§ 1201 and 1202) was omitted as authorized under section 204(3) of the CDL because the Commission finds these procedures are, under the circumstances, unnecessary. The continuing presence of the obsolete regulations serves no purpose and may, in fact, confuse the public.
Purpose and Background
The act of June 28, 2018 (P.L. 460, No. 71) (Act 71) modified the responsibilities and duties of the Commission and established within the Governor's Office of Administration (OA) duties and responsibilities for classified service employment in the Commonwealth effective March 28, 2019. As a result, the Commission is no longer responsible for the administration of classified service employment in the Commonwealth. Therefore, the Commission's regulations related to the administration of classified service employment are obsolete. Additionally, retaining the obsolete regulations could confuse the public because the OA has promulgated temporary regulations to carry out its new responsibilities in Chapters 601a—607a (relating to civil service reform—temporary regulations). Accordingly, the Commission is seeking to delete the obsolete sections of its regulations in their entirety.
Specifically, this final-omitted rulemaking deletes sections of the Commission's regulations which have been rendered obsolete by Act 71. This final-omitted rulemaking also amends § 93.6 of the Commission's regulations by deleting two obsolete subsections. The Commission intends to make additional amendments in subsequent rulemakings.
Summary of Proposed Regulation
This final-omitted rulemaking deletes obsolete regulations in Chapters 95, 97, 99, 101, 103 and 105. This final-omitted rulemaking will also amend § 93.6 by deleting two obsolete subsections.
Persons Likely to be Affected
The deletion of the obsolete regulations will not affect any groups or entities. The continuing presence of the obsolete regulations serves no purpose and may, in fact, confuse the public.
Paperwork Requirements
The deletion of the obsolete regulations will not result in an increase in paperwork for any individuals or entities.
Fiscal Impact
There will be no fiscal impact because this final-omitted rulemaking is only to delete obsolete regulations.
Effective Date
This final-omitted rulemaking will be effective upon publication in the Pennsylvania Bulletin.
Contact Person
Individuals interested in further information may contact Alina L. Andreoli, Assistant Counsel, State Civil Service Commission, Legal Services Office, Strawberry Square Complex, P.O. Box 569, Harrisburg, PA 17108-0569, by telephone (717) 783-1444, by fax (717) 772-5120 or by e-mail at ra-cs-legalsvcsQandA@p)a.gov.
Public Comment
Public notice of intention to delete the regulations under the procedures set forth in sections 201 and 202 of the CDL was omitted as authorized under section 204(3) of the CDL because the Commission finds these procedures are, under the circumstances, unnecessary. The continuing presence of the obsolete regulations serves no purpose and may, in fact, confuse the public.
Regulatory Review
Under section 5.1(c) of the Regulatory Review Act (71 P.S. § 745.5a(c)), on April 12, 2023, the Commission submitted a copy of the final-omitted rulemaking to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the House Committee on Labor and Industry and Senate Committee on State Government. On the same day, the final-omitted rulemaking was submitted to the Office of the Attorney General for review and approval under the Commonwealth Attorneys Act (71 P.S. §§ 732-101—732-506).
In addition to submitting this final-omitted rulemaking, the Commission provided IRRC and the Committees with a copy of the Regulatory Analysis Form prepared by the Commission. A copy of this form is available to the public upon request.
The Attorney General approved the final-omitted rulemaking on May 12, 2023. Under section 5(c) of the Regulatory Review Act (71 P.S. § 745.5(c)), the final-omitted rulemaking was deemed approved by the House and Senate Committees on May 17, 2023. At a hearing on May 18, 2023, IRRC approved the final-omitted rulemaking.
Findings
The Commission finds that:
1) The amendments as set forth in Annex A are necessary and appropriate to repeal obsolete regulations related to the administration of classified service employment.
2) Public notice of the Commission's intention to repeal its regulations under the procedures set forth in sections 201 and 202 of the CDL has been omitted for good cause as authorized under section 204(3) of the CDL because the Commission finds that these procedures are, under the circumstances unnecessary. The regulations related to the administration of classified service employment have been superseded by the promulgation of Act 71.
3) This final-omitted rulemaking is necessary, appropriate and in the public interest.
Order
The Commission, acting under its authorizing statute, orders that:
1) The regulations of the Commission, 4 Pa. Code Chapters 93, 95, 97, 99, 101, 103 and 105, are amended by amending § 93.6 and deleting §§ 95.1, 95.1a, 95.2, 95.5a, 95.7, 95.8, 95.11—95.14, 95.20—95.23, 95.31—95.33, 95.41—95.49, 95.51, 95.61, 95.63, 95.71, 97.1—97.5, 97.11—97.16, 97.20—97.24, 97.31—97.34, 97.36—97.39, 97.45—97.47, 97.51, 97.52, 97.61—97.63, 99.2, 99.11, 99.13—99.15, 99.21—99.25, 99.27, 99.32, 99.34, 99.41, 99.43, 99.52, 101.1, 101.21, 101.31, 101.32, 101.51, 101.52, 101.54, 101.55, 101.61—101.64, 101.71, 103.5—103.7, 103.11—103.15, 103.21—103.23, 105.1, 105.3, 105.5 and 105.18.
2) The Commission shall submit this final-omitted rulemaking to the Office of the Attorney General for approval as to form and legality as required by law.
3) The Commission shall submit this final-omitted rulemaking to IRRC and the House and Senate Committees as required by law.
4) The Commission shall certify this final-omitted rulemaking and deposit it with the Legislative Reference Bureau as required by law.
5) This final-omitted rulemaking shall take effect immediately upon publication in the Pennsylvania Bulletin.
MARIA P. DONATUCCI,
Chairwoman(Editor's Note: See 53 Pa.B. 3055 (June 3, 2023) for IRRC's approval order.)
Fiscal Note: 61-13. No fiscal impact; recommends adoption.
Annex A
TITLE 4. ADMINISTRATION
PART IV. CIVIL SERVICE COMMISSION
Subpart A. RULES OF THE CIVIL SERVICE COMMISSION
CHAPTER 93. CIVIL SERVICE COMMISSION AND EXECUTIVE DIRECTOR § 93.6. Records open to the public.
(a) An employe of the Commission shall be present at the inspection of records open to the public.
(b) [Reserved].
(c) [Reserved].
CHAPTER 95. [Reserved] Sec.
95.1. [Reserved]. 95.1a. [Reserved]. 95.2. [Reserved]. 95.5a. [Reserved]. 95.7. [Reserved]. 95.8. [Reserved]. 95.11—95.14. [Reserved]. 95.20—95.23. [Reserved]. 95.31—95.33. [Reserved]. 95.41—95.49. [Reserved]. 95.51. [Reserved]. 95.61. [Reserved]. 95.63. [Reserved]. 95.71. [Reserved].
CHAPTER 97. [Reserved] Sec.
97.1—97.5. [Reserved]. 97.11—97.16. [Reserved]. 97.20—97.24. [Reserved]. 97.31—97.34. [Reserved]. 97.36—97.39. [Reserved]. 97.45—97.47. [Reserved]. 97.51. [Reserved]. 97.52. [Reserved]. 97.61—97.63. [Reserved].
CHAPTER 99. EMPLOYEES IN THE CLASSIFIED SERVICE
Subchapter A. [Reserved] Sec.
99.2. [Reserved].
Subchapter B. [Reserved] Sec.
99.11. [Reserved]. 99.13—99.15. [Reserved].
Subchapter C. [Reserved] Sec.
99.21—99.25. [Reserved]. 99.27. [Reserved].
Subchapter D. REDUCTIONS IN PAY OR DEMOTIONS Sec.
99.32. [Reserved]. 99.34. [Reserved].
Subchapter E. [Reserved] Sec.
99.41. [Reserved]. 99.43. [Reserved].
Subchapter F. [Reserved] Sec.
99.52. [Reserved].
CHAPTER 101. [Reserved] Sec.
101.1. [Reserved]. 101.21. [Reserved]. 101.31. [Reserved]. 101.32. [Reserved]. 101.51. [Reserved]. 101.52. [Reserved]. 101.54. [Reserved]. 101.55. [Reserved]. 101.61—101.64. [Reserved]. 101.71. [Reserved].
CHAPTER 103. [Reserved] Sec.
103.5—103.7. [Reserved]. 103.11—103.15. [Reserved]. 103.21—103.23. [Reserved].
CHAPTER 105. NOTICE AND HEARINGS
NOTICE
105.1. [Reserved]. 105.3. [Reserved]. 105.5. [Reserved].
HEARINGS Sec.
105.18. [Reserved].
[Pa.B. Doc. No. 23-754. Filed for public inspection June 9, 2023, 9:00 a.m.]
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