|
|
Court OpinionsState LawsUS CodeUS Constitution |
Definitions - 2 Pa. Cons. Stat. § 101Legal Research Home > Pennsylvania Statutes
TITLE 2
ADMINISTRATIVE LAW AND PROCEDURE
Chapter
1. General Provisions
3. Promulgation of Regulations (Reserved)
5. Practice and Procedure
7. Judicial Review
Enactment. Unless otherwise noted, the provisions of Title 2
were added April 28, 1978, P.L.202, No.53, effective in 60 days.
CHAPTER 1
GENERAL PROVISIONS
Sec.
101. Definitions.
102. Implementing regulations.
103. Administrative Agency Law.
104. Commonwealth Documents Law (Reserved).
105. Local Agency Law.
106. Effect of future legislation.
Enactment. Chapter 1 was added April 28, 1978, P.L.202,
No.53, effective in 60 days.
§ 101. Definitions.
Subject to additional definitions contained in subsequent
provisions of this title which are applicable to specific
provisions of this title, the following words and phrases when
used in this title shall have, unless the context clearly
indicates otherwise, the meanings given to them in this section:
"Adjudication." Any final order, decree, decision,
determination or ruling by an agency affecting personal or
property rights, privileges, immunities, duties, liabilities or
obligations of any or all of the parties to the proceeding in
which the adjudication is made. The term does not include any
order based upon a proceeding before a court or which involves
the seizure or forfeiture of property, paroles, pardons or
releases from mental institutions.
"Administrative proceeding." Any proceeding other than a
judicial proceeding, the outcome of which is required to be
based on a record or documentation prescribed by law or in which
law or regulation is particularized in application to
individuals. The term includes an appeal.
"Agency." A government agency.
"Appeal." Includes proceedings on petition for review.
"Certified interpreter." A person who:
(1) is readily able to interpret; and
(2) either:
(i) is certified by the Department of Labor and
Industry in accordance with Subchapter C of Chapter 5
(relating to administrative proceeding interpreters for
persons with limited English proficiency); or
(ii) is certified by the Department of Labor and
Industry in accordance with Subchapter D of Chapter 5
(relating to administrative proceeding interpreters for
persons who are deaf) or is registered with the
department pursuant to the act of July 2, 2004 (P.L.492,
No.57), known as the Sign Language Interpreter and
Transliterator State Registration Act.
"Commonwealth agency." Any executive agency or independent
agency.
"Commonwealth government." The government of the
Commonwealth, including the courts and other officers or
agencies of the unified judicial system, the General Assembly,
and its officers and agencies, the Governor, and the
departments, boards, commissions, authorities and officers and
agencies of the Commonwealth, but the term does not include any
political subdivision, municipal or other local authority, or
any officer or agency of any such political subdivision or local
authority.
"Court Administrator of Pennsylvania." The court
administrator appointed by the Supreme Court under section 10(b)
of Article V of the Constitution of Pennsylvania and 42 Pa.C.S.
§ 1901 (relating to Court Administrator of Pennsylvania).
"Deaf." An impairment of hearing or speech which creates an
inability to understand or communicate the spoken English
language.
"Department." The Department of Labor and Industry of the
Commonwealth.
"Executive agency." The Governor and the departments,
boards, commissions, authorities and other officers and agencies
of the Commonwealth government, but the term does not include
any court or other officer or agency of the unified judicial
system, the General Assembly and its officers and agencies, or
any independent agency.
"General rule." As defined in 42 Pa.C.S. § 102 (relating to
definitions).
"Government agency." Any Commonwealth agency or any
political subdivision or municipal or other local authority, or
any officer or agency of any such political subdivision or local
authority.
"Government unit." The General Assembly and its officers and
agencies, any government agency or any court or other officer or
agency of the unified judicial system.
"Independent agency." Boards, commissions, authorities and
other agencies and officers of the Commonwealth government which
are not subject to the policy supervision and control of the
Governor, but the term does not include any court or other
officer or agency of the unified judicial system or the General
Assembly and its officers and agencies.
"Interpret." Either one of the following:
(1) For purposes of Subchapter C of Chapter 5 (relating
to administrative proceeding interpreters for persons with
limited English proficiency), to convey spoken and written
English into the language of the person with limited English
proficiency and to convey oral and written statements by the
person into spoken English.
(2) For purposes of Subchapter D of Chapter 5 (relating
to administrative proceeding interpreters for persons who are
deaf), to convey spoken English in a manner understood by the
person who is deaf and to convey statements made by the
person who is deaf into English through, but not limited to,
American Sign Language and transliteration or the use of
computer-aided real-time captioning (CART) or similar
procedure.
"Interpreter." Includes both a certified interpreter and an
otherwise qualified interpreter.
"Judicial proceeding." An "action," "appeal" or "proceeding"
in any "court" of this Commonwealth as those terms are defined
in 42 Pa.C.S. § 102 (relating to definitions).
"Limited ability to speak or understand English." The
ability to speak exclusively or primarily a language other than
English and the inability to sufficiently speak or understand
English.
"Local agency." A government agency other than a
Commonwealth agency.
"Matter." Action, proceeding or appeal.
"Otherwise qualified interpreter." A person who:
(1) For purposes of Subchapter C of Chapter 5 (relating
to administrative proceeding interpreters for persons with
limited English proficiency):
(i) is readily able to interpret; and
(ii) has read, understands and agrees to abide by
the code of professional conduct for administrative
proceeding interpreters for persons with limited English
proficiency as established by the Department of Labor and
Industry in accordance with Subchapter C of Chapter 5.
(2) For purposes of Subchapter D of Chapter 5 (relating
to administrative proceeding interpreters for persons who are
deaf):
(i) is readily able to interpret;
(ii) is certified by the National Association of the
Deaf, the Registry of Interpreters for the Deaf or
similar registry; and
(iii) has read, understands and agrees to abide by
the code of professional conduct for administrative
proceeding interpreters for persons who are deaf as
established by the Department of Labor and Industry in
accordance with Subchapter D of Chapter 5.
"Party." Any person who appears in a proceeding before an
agency who has a direct interest in the subject matter of such
proceeding.
"Person." Includes a government unit or an agency of the
Federal Government.
"Person who is deaf." A party or witness who is deaf.
"Person with limited English proficiency." A party or a
witness who has limited ability to speak or understand English.
"Presiding officer." An individual appointed by an agency to
preside at an administrative proceeding.
"Transliteration." To convey spoken or written English in an
English-based sign system and the process of conveying an
English-based sign system in spoken or written English.
"Witness." A person who testifies in a proceeding before an
agency.
(Nov. 29, 2006, P.L.1538, No.172, eff. 60 days)
Cross References. Section 101 is referred to in section 202
of Title 26 (Eminent Domain); section 4402 of Title 42
(Judiciary and Judicial Procedure).
Section: 101 102 103 104 105 106 501 502 503 504 505 506 507 508 551 Next
Last modified: November 27, 2007 |