Section 233.107. Meetings of the Commission

(a) Under the act, meetings will be held at least five times per year at the call of the Chairperson or upon request in writing of a majority of the seated members of the Commission. A majority of the Commission members then seated constitutes a quorum, and a majority of a quorum has authority to act upon any matter properly before the Commission unless otherwise specified in the act. Meetings of the Commission will be open to the public in accordance with 65 Pa.C.S. Chapter 7 (relating to Sunshine Act), when applicable.

(b) The Commission will conduct its meetings in accordance with the act and 2 Pa.C.S. (relating to administrative law and procedure), when applicable. If an inconsistency arises, the provisions of the act are controlling. The Commission will enter as a matter of record the minutes of each meeting, every vote taken by the Commission and every official act of the Commission.

(c) The annual reorganization meeting will take place during the first meeting after the Governor appoints the Chairperson. At that meeting, a Vice Chairperson will be appointed by the Chairperson with the consent of the Commission.

(d) Notification of Commission meetings will be mailed to the commissioners at least 2 weeks in advance. An agenda and supportive data will be included with written notification.

(e) Upon the written request of a majority of the Commissioners, the Chairperson will call a special meeting within 5 days of the receipt of the request. Commissioners will be notified by phone and provided with the date, time, place and agenda. Written notification will follow.

(f) Meetings of the Commission are ordinarily held at the Department’s Harrisburg offices. Meetings may be called at other locations to accommodate larger public groups or for other specific purposes.

(g) A roll call vote of the Commissioners present at a meeting is required for actions taken on recommendations to the State Board, for statements of policy and for actions taken in fulfillment of the duties of the Commission as prescribed by law. A voice vote is sufficient for all other matters unless a roll call vote is requested by two or more Commissioners. Unless otherwise required by law, a majority of those present and voting is sufficient for a motion to pass.

(h) Proxy voting will be permitted only if the following conditions are met:

(1) The Chairperson announces an intention to permit proxy voting and a majority of those Commissioners present do not object.

(2) The proxy vote applies only to questions that appear clearly on the meeting agenda or to motions that have been presented for consideration during the meeting.

(3) The Commissioner is present at the meeting but is required to leave prior to a vote.

(4) The Commissioner requests permission to vote by proxy.

(5) The Commissioner presents a proxy in writing to the Chairperson indicating how the vote is to be cast.

(6) Proxy voting will not be permitted in matters of discipline and reinstatement.

(i) The Commission may declare an executive session as allowed under 65 Pa.C.S. § 708 (relating to executive sessions) to the extent applicable. Executive sessions of the Commission will be held only in accordance with 65 Pa.C.S. Chapter 7.

(j) Rules and procedures not specifically adopted by the Commission will be in accordance with the latest edition of Robert’s Rules of Order.

The provisions of this § 233.107 adopted May 3, 2002, effective May 4, 2002, 32 Pa.B. 2226; amended September 11, 2015, effective September 12, 2015, 45 Pa.B. 5586. Immediately preceding text appears at serial pages (289665) to (289666).