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PA Bulletin, Doc. No. 97-1785




[4 PA. CODE CHS. 23 AND 30]

Personnel Rules; Leave with Pay

[27 Pa.B. 5778]

   The Executive Board (Board) has approved a resolution to rescind Chapter 23 and Chapter 30, Subchapter B (relating to general provisions; and leave with pay). All other chapters and subchapters were rescinded by the Executive Board, Resolution PR-84-220 dated November 15, 1984. Notice of proposed rulemaking is omitted under section 204(1)(ii) of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. § 1204(1)(ii)) (CDL) and 1 Pa. Code § 7.4(1)(ii) because this rulemaking relates to agency organization, management or personnel.

   This rulemaking pertains to general provisions and entitlements to leaves of absence with pay.


   Section 709(e) of The Administrative Code of 1929 (71 P. S. § 249(e)), empowers the Executive Board to ''establish regulations concerning the entitlement to leaves of absence, with pay.'' Entitlements are promulgated by the Executive Board in Chapter 30, Subchapter B and in labor agreements. Subsequent changes to Chapters 23 and 30 will be approved by the Executive Board and promulgated through the Directives Management System in Management Directive 505.7, Personnel Rules.

Major Provisions

   To delete the remaining two chapters of Mangement Directive 505.7, Personnel Rules, from the Pennsylvania Code.

   1.  Chapter 23 is deleted.

   2.  Chapter 30, Subchapter B, is deleted.

Forms and Paperwork

   No additional forms or paperwork are required.

Fiscal Impact

   There is no appreciable fiscal impact.

Contact Person

   The contact person is Art Duprat, Office of Administration, Room 513, Finance Building, Harrisburg, PA (717) 787-8575.

Regulatory Review

   Under section 5(f) of the Regulatory Review Act (71 P. S. § 745.5(f)), on September 25, 1997, a copy of this rulemaking was submitted to the Regulatory Review Commission (IRRC), the Chairpersons of the House and Senate State Government Committees. At the same time, this rulemaking was submitted to the Office of Attorney General for review and comment under the Commonwealth Attorneys Act (71 P. S. §§ 732-101--732-506).

   In accordance with section 5(c) of the Regulatory Review Act, the rulemaking was deemed approved by the House and Senate Committees on October 15, 1997. IRRC met on October 23, 1997, and approved the rulemaking.


   The Executive Board finds that:

   (1)  Public notice of intention to delete the administrative regulations by this order has been omitted under section 204(1)(ii) of the CDL and 1 Pa. Code § 7.4(1)(ii) because the regulations relate to agency organization, management or personnel.

   (2)  The deletion of the regulations of the Executive Board in the manner provided by this order is necessary and appropriate for the administration of the authorizing statutes.


   The Executive Board, acting under the authorizing statutes, orders that:

   (a)  The regulations of the Executive Board, 4 Pa.  Code Chapters 23 and 30, are amended by deleting §§ 23.1, 23.2, 23.2a, 30.11--30.17, 30.21--30.37, 30.41, 30.51--30.53, 30.61, 30.71, 30.72 and 30.81--30.83 to read as set forth in Annex A.

   (b)  The Secretary of the Executive Board shall submit this order and Annex A to the Office of Attorney General for review and to the Office of General Counsel for review and approval as to form and legality as required by law.

   (c)  The Secretary of the Executive Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.

   (d)  This order shall take effect upon publication in the Pennsylvania Bulletin.


   (Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 27 Pa.B. 5840 (November 8, 1997).)

   Fiscal Note: 42-1. No fiscal impact; (8) recommends adoption.

Annex A




CHAPTER 23.  (Reserved)

§ 23.1.  (Reserved).

§ 23.2.  (Reserved).

§ 23.2a.  (Reserved).

CHAPTER 30.  (Reserved)

Subchapter B.  (Reserved)

§§ 30.11--30.17.  (Reserved).

§§ 30.21--30.37.  (Reserved).

§ 30.41.  (Reserved).

§§ 30.51--30.53.  (Reserved).

§ 30.61.  (Reserved).

§ 30.71.  (Reserved).

§ 30.72.  (Reserved).

§§ 30.81--30.83.  (Reserved).

[Pa.B. Doc. No. 97-1785. Filed for public inspection November 7, 1997, 9:00 a.m.]

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