Section 1.59. Exemptions

(a) Scope. This subchapter does not apply to meetings of the quorum of the members of an agency to conduct deliberations or official actions regarding matters for which the taking of official action at an open meeting will violate a lawful privilege as defined by § 1.50(a) (relating to privileged, confidential, investigatory and quasi-judicial matters) or lead to the disclosure of information or confidentiality protected by law (as defined by § 1.50(b)), including matters related to the investigation of possible or certain violations of statute (under § 1.50(c)) and quasi-judicial deliberations (under § 1.50(d)). If an agency may take official action at an open meeting without violating a lawful privilege or disclosing confidential information, official actions and deliberations with regard to the matters are subject to the requirements of this subchapter, but deliberations regarding such matters may occur at an executive session under § 1.50.

(b) Quasi-judicial deliberations. Unless otherwise provided by statute, official actions with respect to formal adjudications conducted under 2 Pa.C.S. (relating to administrative law and procedure) or similar statutes are exempt from this subchapter unless the adjudications involve general rules or other orders in the nature of regulations.

(c) Budget preparation meetings. Meetings of quorum of the members of an agency to conduct official actions and deliberations with regard to budget recommendations to be submitted to the Secretary of the Budget are not subject to this subchapter unless the Governor waives the privilege to confidentiality with regard to recommendations received from the agency.

Notation

Cross References

This section cited in 4 Pa. Code § 1.41 (relating to requirements); 4 Pa. Code § 1.45 (relating to executive sessions); and 4 Pa. Code § 1.50 (relating to privileged, confidential, investigatory and quasijudicial matters).