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Pennsylvania Code



Subchapter E. JOINT COMMITTEE PROCEDURES


Sec.


17.91.    Composition of Joint Committee.
17.92.    Alternates of governmental members.
17.93.    Quorum.
17.94.    Duties.
17.95.    Officers.
17.96.    Official seal.
17.97.    Meetings.
17.98.    Conference telephone meetings.
17.99.    Agenda.
17.100.    Administering oaths.
17.101.    Subpoenas.
17.102.    Dockets.

§ 17.91. Composition of Joint Committee on Documents.

 (a)  Section 502 of 45 Pa.C.S. (relating to Joint Committee on Documents), and sections 207 and 302 of the Commonwealth Attorneys Act (71 P. S. § §  732-207 and 732-302) provides that the Joint Committee shall consist of six governmental members and two public members; that the governmental members shall be the Attorney General, the General Counsel, the Director of the Legislative Reference Bureau, the President Pro Tempore of the Senate, the Speaker of the House of Representatives and the Secretary, or persons severally designated in writing by them; that the public members shall be appointed by the Governor from among attorneys or other members of the public who represent the class whomay be expected to refer to the documents to be published under the act; that the members of the Joint Committee shall serve without compensation other than reimbursement for travel and other actual expenses incurred in the performance of their duties; and that for the purposes of The Administrative Code and its supplements the Joint Committee shall be a departmental administrative board in the Department.

 (b)  Sections 207(b) and 208(c) of The Administrative Code (71 P. S. §  67(b) and 68(c)) provide that the public members of the Joint Committee shall be appointed by and with the advice and consent of two-thirds of the members of the Senate and shall hold office for terms of 4 years, from the third Tuesday of January next following the election of a Governor, and until their successors shall have been appointed and qualified.

Cross References

   This section cited in 1 Pa. Code §  17.97 (relating to meetings).

§ 17.92. Alternates of governmental members.

 A government member of the Joint Committee shall file in writing (Form CDL-6) with the Secretary of the Joint Committee the name of the person designated as his alternate. The designation may be changed by the governmental member or his successor in office by the filing in writing with the Secretary of the Joint Committee of the name of a different person as alternate or of a statement that the existing designation is revoked. The substitution or revocation shall take effect upon or after filing in accordance with its terms. An alternate shall take and file the oath of office prescribed by law for a public member, and shall be a member of the Joint Committee for the purposes of this part. When both a governmental member and the person designated as his alternate attend a meeting of the Joint Committee only the governmental member shall be deemed to be present for the purposes of voting and the determination of a quorum.

Source

   The provisions of this §  17.92 amended by JCD Order No. 6, dated May 21, 1970, 1 Pa.B. 10. Immediately preceding text appears at serial page (0124).

§ 17.93. Quorum.

 Section 502(c) of 45 Pa.C.S. (relating to Joint Committee on Documents) provides that four members of the Joint Committee shall constitute a quorum.

§ 17.94. Duties.

 Section 502(d) of 45 Pa.C.S. (relating to Joint Committee on Documents) provides that the Joint Committee shall exercise the powers and perform the duties vested in and imposed upon it by the act and any powers and duties subsequently vested in and imposed upon the Joint Committee by statute.

§ 17.95. Officers.

 (a)  Section 502(c) of 45 Pa.C.S. (relating to Joint Committee on Documents), provides that the Joint Committee shall select from among its members a Chairman, and shall elect a Secretary who need not be a member of the Joint Committee. The Joint Committee shall also select from among its members a Vice Chairman.

 (b)  The Chairman, Vice Chairman and Secretary shall hold office until the third Tuesday of January next following the election of a Governor, and until their successors have been appointed and qualified, except in the case of their death, resignation, removal or in the case of the Chairman or Vice Chairman, termination of membership on the Joint Committee. An officer may be removed as an officer of the Joint Committee by vote of four members of the Joint Committee.

§ 17.96. Official seal.

 The official seal of the Joint Committee shall be in the form and style as follows:

Official Seal of Joint Committee

§ 17.97. Meetings.

 (a)  Section 518 of The Administrative Code (71 P. S. §  198) provides that the Joint Committee shall meet upon the call of the Chairman, at a time and place as the Chairman shall designate, and at other times and places as the Joint Committee may designate by rule.

 (b)  The Joint Committee shall meet upon the call in writing of any two members of the Joint Committee at a place in Harrisburg and at the time designated in the call, provided that notice of the call shall have beengiven in person or by telephone or telegraph to a member of the Joint Committee at his address furnished to the Secretary of the Joint Committee for that purpose at least 24 hours prior to the time fixed for the meeting.

 (c)  The Chairman of the Joint Committee shall preside at meetings of the committee. In his absence one of the following persons in the order stated shall preside:

   (1)  The Vice Chairman.

   (2)  The governmental members in the order specified in §  17.91 (relating to composition of the Joint Committee).

   (3)  The public members in their order of seniority.

   (4)  Alternates of the governmental members in the order of precedence of their respective designators.

Source

   The provisions of §  17.97(c) amended by JCD Order No. 6, dated May 21, 1970, 1 Pa.B. 10. Immediately preceding text appears at serial page (0126).

§ 17.98. Conference telephone meetings.

 One or more members of the Joint Committee may participate in a meeting of the committee by means of conference telephone or similar communications equipment by means of which persons participating in the meeting can hear each other. Participation in a meeting under this section shall constitute presence in person at the meeting.

§ 17.99. Agenda.

 An agenda for a meeting of the Joint Committee shall be prepared by the Secretary with the approval of the Chairman. Copies of the agenda shall be distributed at least 24 hours before the meeting and any matter not on an agenda so distributed will not be considered except by unanimous consent of the members of the Joint Committee present.

§ 17.100. Administering oaths.

 (a)  Section 517 of The Administrative Code (71 P. S. §  197) provides that a member of the Joint Committee and such of its employes as it designates, shall have the power to administer oaths or affirmations anywhere in this Commonwealth with respect to any matter or thing which may properly come before the Joint Committee or a member thereof.

 (b)  The Secretary of the Joint Committee shall have the power to administer oaths or affirmations as provided in section 517 of The Administrative Code (71 P. S. §  197).

§ 17.101. Subpoenas.

 Section 520 of The Administrative Code (71 P. S. §  200) provides that the Joint Committee shall have power to issue subpoenas, requiring the attendance of witnesses and the production of books and papers pertinent to a hearing before the Joint Committee and to examine the witnesses, books and papers.

§ 17.102. Dockets.

 The Secretary shall maintain the following dockets of matters considered by the Joint Committee:

   (1)  Appellate. Matters appealed by an agency from the Bureau to the Joint Committee under 45 Pa.C.S. § §  722 and 723(c) (relating to deposit of documents required; and processing of deposited documents) shall be docketed to No. A-1 et seq.

   (2)  Notice. Matters relating to the imposition by the Joint Committee of express requirements for publication for notice in the Bulletin, under 45 Pa.C.S. §  725(b) (relating to additional contents of Pennsylvania Bulletin) or for the termination under section 907 of 45 Pa.C.S. (relating to additional notice unnecessary) of alternative methods of giving notice, shall be docketed to No. N-1 et seq.

   (3)  Rulemaking. Matters relating to the promulgation, amendment or repeal of regulations of the Joint Committee shall be docketed to No. R-1 et seq.

   (4)  Waiver. Matters relating to requests for waiver of the requirements of this part, for certification of necessity for non-Code format of administrative regulations under 45 Pa.C.S. §  729 (relating to publication of individual documents), or for other relief or action not within the scope of the Appellate, Notice, or Rulemaking dockets, shall be docketed to No. W-1 et seq.

Source

   The provisions of this §  17.102 added by JCD Order No. 8, dated November 10, 1970, 1 Pa.B. 480.


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