Section 1.53. Notice

(a) Publication. In accordance with procedures established by the Department of General Services, an agency shall publish notice of the place, date, time and purpose of an open meeting in a newspaper of general circulation, as defined by 45 Pa.C.S. § 101 (relating to definitions), which is published and circulated in the political subdivision where the meeting will be held or in a newspaper of general circulation which has a bona fide paid circulation in the political subdivision equal to or greater than a newspaper published in the political subdivision.

(b) Posting. The agency shall post a notice of the place, date, time and purpose of a meeting prominently at the principal office of the agency holding the meeting or at the public building in which the meeting is to be held.

(c) Direct notice. The agency shall supply a copy of the notice of an open meeting directly to individuals with a direct and substantial interest in the proceedings of the agency and, upon request, to other interested parties, including, but not limited to, members of the public, newspapers of general circulation, radio and television stations. A party requesting direct notice of meetings shall register with the agency, but the agency may not require the provision of stamped, self-addressed envelopes as provided by section 9(c) of the Sunset Act (65 P. S. § 279(c)).

(d) Capitol newsroom and General Assembly. An executive agency shall also provide copies of meeting notices to the supervisor of the newsroom in the State Capitol Building in the manner provided by section 9(d)(1) of the Sunshine Act, to the Office of the Secretary of the Senate and the Chief Clerk of the House of Representatives and to the Chairperson and Minority Chairpersons of standing committees of the Senate and the House of Representatives designated as responsible for oversight of agency activities under the Regulatory Review Act (71 P. S. § § 745.1—745.15).

(e) Agency contact. A notice provided under this section shall include the name, address, title and phone number of a responsible agency official who will be available to answer questions about a scheduled public meeting.

(f) Use of recording devices. If an agency, under § 1.56(b) (relating to use of recording devices), requires advance notification of the intent of persons to utilize recording devices at an open meeting in order to provide adequate facilities and arrangements to facilitate the use of the devices, the information shall be included within notices provided under this section, together with instructions that the individuals shall notify the agency contact as provided by subsection (e) about their plans and requirements.

(g) Relocation of meetings. If, due to overcrowding, the malfunction of utilities or the unavailability of an originally scheduled meeting room it becomes necessary to relocate a meeting, new and separate notice under this section is not required if the new meeting site is within the same building or within reasonable proximity of the originally scheduled meeting site and, if the following exist:

(1) Notice is prominantly posted at the original site announcing the relocation of the meeting.

(2) The start of the meeting is delayed a sufficient period of time in order to allow individuals arriving at the original meeting site to move to the new meeting site.

(3) If possible and appropriate, direct notice of the change in location is given to the Capitol Newsroom, persons offering official testimony at the meeting, persons registering the use of recording devices under § 1.56(b)(1) and persons with a direct and substantial interest in agency proceedings to be conducted at the meeting.

Notation

Cross References

This section cited in 4 Pa. Code § 1.41 (relating to requirements); 4 Pa. Code § 1.52 (relating to minutes); and 4 Pa. Code § 1.54 (relating to emergency meetings).