Subchapter A. EMERGENCY INTERIM SUCCESSION
TO STATE OFFICES
Sec.
3.1. Objective.
3.2. Definition of ‘‘state officers.’’
3.3. Designation by title and order.
3.4. Rules for designations.
3.5. Recording and revising designations.
3.6. Announcing designations.
3.7. Exercise of power by emergency interim successors.
Authority The provisions of this Subchapter A issued under section 5 of the Emergency Interim Executive and Judicial Succession Act of 1959 (71 P. S. § 779.5), unless otherwise noted.
Source The provisions of this Subchapter A adopted May 19, 1978, effective May 20, 1978, 8 Pa.B. 1390, unless otherwise noted.
§ 3.1. Objective.
The objective of this subchapter is to provide, in accordance with the Emergency Interim Executive and Judicial Succession Act of 1959 (71 P. S. § § 779.1—779.12), that in the event of enemy attack upon the United States there will be immediately available designated persons who may legally and temporarily exercise the powers and duties of unavailable State Officers.
Source The provisions of this § 3.1 adopted May 19, 1978, effective May 20, 1978, 8 Pa.B. 1390.
§ 3.2. Definition of ‘‘state officers.’’
The term ‘‘state officers’’ when used in this subchapter shall mean the heads of the following administrative departments:
(1) Agriculture.
(2) Banking.
(3) Commerce.
(4) Community Affairs.
(5) Education.
(6) Environmental Resources.
(7) General Services.
(8) Health.
(9) Insurance.
(10) Justice.
(11) Labor and Industry.
(12) Military Affairs.
(13) Public Welfare.
(14) Revenue.
(15) State.
(16) State Police.
(17) Transportation.
Source The provisions of this § 3.2 adopted May 19, 1978, effective May 20, 1978, 8 Pa.B. 1390.
§ 3.3. Designation by title and order.
(a) State Officers shall designate emergency interim successors by position title and in order of succession.
(b) Where position titles are identical, they shall be supplemented by the names of the individuals currently occupying the positions.
Source The provisions of this § 3.3 adopted May 19, 1978, effective May 20, 1978, 8 Pa.B. 1390.
§ 3.4. Rules for designations.
State Officers shall, in addition to a deputy authorized under law to exercise all of the powers and discharge the duties of the office, designate three emergency interim successors who shall be full-time, salaried employes of their respective departments.
Source The provisions of this § 3.4 adopted May 19, 1978, effective May 20, 1978, 8 Pa.B. 1390.
§ 3.5. Recording and revising designations.
(a) Each State Officer shall record designations of emergency interim successors on Form OA-276, Designation of Emergency Interim Successors to State Officers. The form shall be prepared in quadruplicate and distributed as follows: original to Secretary of the Commonwealth, copy to Attorney General, copy to Director of Civil Defense and a copy for agency file. As needed, the Secretary of the Commonwealth shall provide additional copies to the Auditor General, State Treasurer and Governor’s Office.
(b) Designations shall be made and filed between May 15 and June 15 of each even-numbered calendar year, even though no changes occurred during the preceding 24-month period.
(c) Changes that occur between biennial reporting periods are to be made promptly as prescribed in subsection (a).
§ 3.6. Announcing designations.
Each successor is to be informed of the designation and of his order of succession. This information is to be disseminated within agencies and is to be made available to the public upon request.
Source The provisions of this § 3.6 adopted May 19, 1978, effective May 20, 1978, 8 Pa.B. 1390.
§ 3.7. Exercise of power by emergency interim successors.
An emergency interim successor shall exercise power and authority only as authorized by section 5 of the Emergency Interim Executive and Judicial Succession Act of 1959 (71 P.S. § 779.5).
Source The provisions of this § 3.7 adopted May 19, 1978, effective May 20, 1978, 8 Pa.B. 1390.
No part of the information on this site may be reproduced for profit or sold for profit.
This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
