Subchapter A. GENERAL REQUIREMENTS
GENERAL Sec.
9.1. General provisions.
9.2. Orderly development.
CODE STRUCTURE
9.11. Titles.
9.12. Parts.
9.13. Subparts, articles, divisions and subdivisions.
9.14. Chapters.
9.15. Subchapters.
9.16. Undesignated center heads.
9.17. Sections.
NORMAL NUMBERING
9.31. Titles.
9.32. Parts.
9.33. Chapters.
9.34. Other principal divisions.
9.35. Sections.
9.36. Internal divisions of sections.
9.37. Reservation of numbers.
SPECIAL NUMBERING PROBLEMS
9.51. Addition of new units between existing units.
9.52. Vacated numbers.
9.53. Keying to agency numbering systems.
9.54. Statements of general policy.
HEADINGS
9.61. Required Code headings.
9.62. Additional captions.
9.63. Tables of contents.
9.64. Composition of chapter headings.
AMENDMENTS
9.71. General requirements.
REFERENCES
9.81. General requirements.
9.82. References to Bulletin.
9.83. References between or within titles of the Code.
9.84. Parallel citation of Bulletin and Code.
EFFECTIVE-DATE STATEMENTS
9.91. Effective dates.
Cross References This chapter cited in 1 Pa. Code § 7.6 (relating to format of regulations); and 1 Pa. Code § 11.23 (relating to codification of proposed rulemaking documents).
GENERAL
§ 9.1. General provisions.
Documents subject to codification shall be drafted as amendments to the Code and prepared under this chapter and of Chapter 13 (relating to preparation and transmittal of documents generally) before submission to the Bureau. A document shall contain a promulgation statement precisely describing the relationship of the new provisions to existing provisions of the Code.
§ 9.2. Orderly development.
For the purpose of assuring orderly development along practical lines, the Bureau, with the approval of the Joint Committee is authorized to establish new titles in the Code and to rearrange existing titles and subordinate assignments. Before taking an action, the Bureau shall consult with the agency directly affected by a proposed change.
CODE STRUCTURE
§ 9.11. Titles.
The major divisions of the Code are titles, which bring together broadly related governmental functions.
§ 9.12. Parts.
The normal divisions of titles are parts, which are assigned to the various agencies within titles descriptive of the subject matter covered by the agencies’ rules and regulations.
§ 9.13. Subparts, articles, divisions and subdivisions.
Subparts may be used to distinguish between material emanating from an overall office or agency and the material issued by its various components. Subparts, articles, divisions and subdivisions, in that order, may also be used to otherwise group chapters within a title.
§ 9.14. Chapters.
The normal divisions of parts are chapters. A chapter should consist of a unified body of rules or regulations applying to a specific function of the issuing agency or devoted to specific subject matter under control of the issuing agency.
Source The provisions of this § 9.14 amended by JCD Order No. 5, dated December 2, 1969.
Cross References This section cited in 1 Pa. Code § 9.37 (relating to reservation of numbers).
§ 9.15. Subchapters.
Subchapters may be used to group related parts within a chapter.
Cross References This section cited in 1 Pa. Code § 9.37 (relating to reservation of numbers).
§ 9.16. Undesignated center heads.
Undesignated center heads may be used to group related sections as required.
Cross References This section cited in 1 Pa. Code § 9.37 (relating to reservation of numbers).
§ 9.17. Sections.
The normal divisions of chapters are sections. The section is the basic unit of the Code. It should consist of a short, simple presentation of one principal proposition.
NORMAL NUMBERING
§ 9.31. Titles.
Titles are numbered sequentially in Arabic throughout the Code.
§ 9.32. Parts.
Parts are numbered sequentially in Roman throughout a title.
§ 9.33. Chapters.
Chapters are numbered sequentially in Arabic throughout a title.
§ 9.34. Other principal divisions.
Whenever other divisions are necessary, parts shall be divided into subparts, subparts into articles, articles into divisions, divisions into subdivisions, subdivisions into chapters and chapters into subchapters, designated and numbered as follows:
Terminology Illustrative
SymbolNumbered Within Part I Title Subpart A Part Article I Subpart Division l Article Subdivision A Division Chapter 1 Title Subchapter A Chapter § 9.35. Sections.
Sections are numbered sequentially in Arabic throughout a title.
§ 9.36. Internal divisions of sections.
Whenever internal divisions are necessary, sections shall be subdivided into subsections, subsections into paragraphs, paragraphs into subparagraphs, subparagraphs into clauses and clauses into subclauses, designated as follows:
Terminology Illustrative
SymbolSubsection (a) Paragraph (1) Subparagraph (i) Clause (A) Subclause (I) § 9.37. Reservation of numbers.
Chapter numbers shall be spaced to allow for expansion and a minimum of one number shall be omitted between chapters of a new or revised part, subpart, article, division or subdivision. Where related sections are grouped under a heading within a chapter as provided for in § § 9.14—9.16 (relating to chapters, subchapters and undesignated center heads), numbers shall be reserved at the end of a group to allow for expansion.
SPECIAL NUMBERING PROBLEMS
§ 9.51. Addition of new units between existing units.
(a) If it becomes necessary to introduce a new chapter or section between existing chapters or sections the new chapter or section shall be designated by the addition of a letter suffix to the preceding chapter or section number. Thus, a chapter introduced between Chapters 31 and 32 would be numbered Chapter 31a, and a section introduced between § 3.11 and § 3.12 would be numbered § 3.11a. When a number of the chapter or section numbers have been introduced, the entire portion of the title or chapter shall be revised and renumbered.
(b) If it becomes necessary to introduce a subsection between existing subsections, and revision of the entire section is not desirable, the new subsection shall be designated by the addition of a hyphen and Arabic numeral to the letter designating the preceding subsection. Thus, a subsection introduced between subsections (a) and (b) would be numbered as subsection (a-1).
(c) If it becomes necessary to introduce a unit smaller than a subsection between existing units, the entire subsection shall be revised.
§ 9.52. Vacated numbers.
Whenever a number is vacated by a revocation, the remaining elements in the overall unit shall retain their old numbers until the overall unit is completely revised. Prior to revision, the vacated number may be marked: ‘‘(Reserved)’’.
§ 9.53. Keying to agency numbering systems.
The keying of section numbers to make them correspond to particular numbering systems in use by the agency will be permitted only when, in the opinion of the Joint Committee, the keying will be of benefit both to the agency and to the public. In cases prior approval for the use of keying systems shall be obtained from the Joint Committee.
§ 9.54. Statements of general policy.
Whenever a statement of policy adopted after July 1, 1969 applies to an entire chapter, it shall be included in, or appended to, that chapter. Similarly, whenever a statement of policy adopted after July 1, 1969 applies to a specific section, it shall be appended to that section. Statements of policy of broader scope adopted after July 1, 1969 shall be assigned to a chapter or group of chapters within the part affected. Sections, chapters or other subparts of a title which consist of statements of policy shall be clearly designated within the Code.
Authority The provisions of this § 9.54 amended under section 506 of The Administrative Code of 1929 (71 P. S. § 186), section 206 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. § 1206) and 45 Pa.C.S. § § 503, 506, 507 and 701.
Source The provisions of this § 9.54 amended through November 28, 1986, effective November 29, 1986, 16 Pa.B. 4648. Immediately preceding text appears at serial page (28159).
HEADINGS
§ 9.61. Required Code headings.
(a) The title, part and chapter heading, in that order, shall be set forth in full on separate lines at the beginning of a document. Subpart, subchapter or other principal divisions, if applicable, shall also be set forth in the order specified in § 1.3 (relating to arrangement of Code).
(b) A section shall be given a brief descriptive heading. The section heading shall precede the text on a separate line.
Cross References This section cited in 1 Pa. Code § 9.62 (relating to additional captions).
§ 9.62. Additional captions.
(a) For the purpose of publication in the Bulletin, a brief caption more specifically describing the scope of a document constituting a partial amendment of the material within a chapter shall be provided immediately below the chapter heading.
(b) Agencies using docket numbers or other identifying symbols shall place them in brackets centered immediately following the headings required by § 9.61 (relating to required Code headings).
§ 9.63. Tables of contents.
Tables of contents shall be used when a new chapter is introduced or an existing chapter is completely revised and when a group of sections is revised or added and set forth as a subchapter or otherwise separately grouped under a centerhead. These tables shall precede the text of the rules or regulations and shall list the headings for the sections to which they are applicable.
§ 9.64. Composition of chapter headings.
A chapter heading shall indicate briefly the general subject matter of the material appearing in the chapter. The use of phrases, such as ‘‘Regulations under the act of July 26, 1955’’ or other expressions which are not descriptive of the subject matter should be avoided. Introductory expressions such as ‘‘Regulations governing’’ or ‘‘Rules applicable to’’ may not be used.
AMENDMENTS
§ 9.71. General requirements.
(a) When necessary for clarity, an amendatory document shall include a brief statement of the nature and extent of the changes made.
(b) The number and heading of a section amended shall be set forth in full on a separate line.
(c) The text of a typographical unit amended shall be set forth in full as amended. Material deleted by an amendment shall be omitted and new material shall be set forth without italics or underscoring.
(d) Asterisks shall be used to indicate ellipsis of text retained without change. A separate line of five asterisks shall be used to indicate the ellipsis of one or more complete typographical units. A run-in line of three asterisks shall be used to indicate ellipsis of anything less than a complete typographical unit.
REFERENCES
§ 9.81. General requirements.
References to the Code shall be in terms of the specific titles, chapters, sections and subsections involved. Ambiguous references such as ‘‘herein,’’ ‘‘above,’’ ‘‘below,’’ and the like may not be used. Documents which contain reference to material published in the Code shall include the Code citation as part of the reference.
§ 9.82. References to Bulletin.
The contents of the Bulletin shall be referred to by volume and page number. Thus material beginning on page 801 of volume 1 should be cited: 1 Pa.B. 801.
Cross References This section cited in 101 Pa. Code § 15.165 (relating to Pennsylvania Code and Bulletin); and 101 Pa. Code § 23.58 (relating to citation of Pennsylvania Bulletin).
§ 9.83. References between or within titles of the Code.
Unless the meaning is otherwise precisely expressed and undue or awkward repetition would result, references shall be as follows:
(1) Between titles. When reference is made to material codified under a title other than that in which the reference occurs, the short form of citation should be used. A cross reference description based on the section heading or headings of the material cited shall be inserted immediately following the first occurrence of the citation in a section and following a reoccurrence of the citation which is preceded by a citation to a different provision. Thus a reference made within Title 41 to § 3.28 of Title 1 shall be in the following form: 1 Pa. Code § 3.28 (relating to home rule charter documents).
(2) Within titles. When reference is made to material codified in the same title, the following forms shall be used:
Part I (relating to general provisions).
Chapter 9 (relating to preparation of documents subject to codification).
§ 9.83 (relating to references between or within titles of the Code).
(3) Within sections. Reference to other units within the same section shall be cited as ‘‘subsection (a)’’ or ‘‘paragraph (1).’’
Cross References This section cited in 1 Pa. Code § 13.38 (relating to special rules of administrative practice and procedure).
§ 9.84. Parallel citation of Bulletin and Code.
When appropriate, the Code and the Bulletin may be cited for parallel reference in the following forms:
41 Pa. Code § 15.71 (relating to maximum interest rates) (1 Pa.B. 801).
§ 15.71 (relating to maximum interest rates) (1 Pa.B. 801).
EFFECTIVE-DATE STATEMENTS
§ 9.91. Effective dates.
A document subject to codification shall include a clear statement as to its effective date.
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