Section 1.42. Agencies

(a) General provisions. This subchapter applies to an agency of the executive branch of the government of the Commonwealth which:

(1) Is created by or under a statute.

(2) Performs, or has for its purpose the performance of essential governmental functions.

(3) Exercises governmental functions through the joint action of two or more individual members of the agency.

(4) Takes official action.

(b) Advisory agencies. This subchapter applies to an agency of the executive branch which exercises solely advisory functions to the extent the rendering of advice by the agency affects substantive or procedural, personal or property rights, privileges, immunities, duties, liabilities or obligations of the public or a part thereof. The rendering of advice has such effect in situations including, but not limited to, those in which the offering of advice is legally necessary for the exercise of essential governmental functions by another agency or by law forms a part of a legally reviewable record for subsequent adjudicative or regulatory proceedings.

(c) Joint actions. This subchapter applies to a group composed of two or more agency heads or public officials which by law perform essential governmental functions through the joint action of its members. This subchapter does not apply to the group to the extent its members are separately required to review, approve or offer advice, comment or consultation regarding an official action and do not constitute a single legal entity for the purpose of jointly taking the action.

(d) Governor’s Cabinet. This subchapter applies to the Governor’s Cabinet when meeting on official policymaking business. Official policymaking business refers to discussions, deliberations or decisions vested in the cabinet by law or executive order with regard to the formation, endorsement, ratification or approval of a program or general plan for the conduct of governmental functions. Except as otherwise provided by this subchapter, this subchapter applies to meetings of the Human Resources Committee of the Cabinet, the Economic Development Committee of the Cabinet and the Governor’s Task Force on Regulatory Relief. This subchapter does not apply to informal meetings of the cabinet, such as breakfasts, luncheons, dinners and receptions conducted primarily to exchange information regarding the general administration of State government or for predominantly social purposes.

(e) Committees. This subchapter applies to a committee composed from the membership of an agency if the committee has been authorized by the agency to take official action on behalf of the agency or to render advice to the agency on matters of agency business. Advisory committees are subject to this subchapter to the same extent and subject to the same limitations as advisory agencies.

(f) Departments. Departments and other agencies of the executive branch headed by a single executive officer and meetings between department heads and other officers, investigators and employes for the purpose of making determinations or soliciting information are not subject to this subchapter.

(g) Staff meetings. This subchapter applies to a committee or group of agency staff members authorized by law to take official action through the joint action of its members. This subchapter does not apply to a committee or group of staff members providing advice or assistance to the agency or authorized by the agency to take official action.

Notation

Cross References

This section cited in 4 Pa. Code § 1.41 (relating to requirements).