reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 75 - Home Inspections › Section 7505 - Consumer remedies

§ 7505. Consumer remedies.
(a) General rule.--
The performance of a home inspection is a service that is subject to the act of December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade Practices and Consumer Protection Law.
(b) Prohibited acts.--
Any of the following acts engaged in by a home inspector, an employer of a home inspector or another business or person that controls or has a financial interest in the employer of a home inspector shall be deemed to be an unfair or deceptive act or practice as defined by section 2(4)(i) through (xxi) of the Unfair Trade Practices and Consumer Protection Law:
(1) Performing or offering to perform for an additional fee any repairs to a structure with respect to which the home inspector, the employer of the home inspector or such other business or person has prepared a home inspection report within the preceding 12 months, except that this paragraph shall not apply to remediation for radon or wood destroying insects.
(2) Inspecting for a fee any property in which the home inspector, the employer of the home inspector or such other business or person has any financial interest or any interest in the transfer of the property, including without limitation receipt of a commission as an agent, unless the financial interest or interest in the transfer of the property is disclosed in writing to the buyer before the home inspection is performed and the buyer signs an acknowledgment of receipt of the disclosure.
(3) Offering or delivering any commission, referral fee or kickback to the seller of the inspected property or to an agent for either or both of the seller and the buyer for the referral of any business to the home inspector, the employer of the home inspector or such other business or person.
(4) Accepting an engagement to perform a home inspection or to prepare a home inspection report in which the employment itself or the fee payable for the inspection is contingent upon the conclusions in the report, preestablished or prescribed findings or the closing of the transaction.
(c) Exception.--
A home warranty company that is affiliated with or retains the home inspector does not violate subsection (b) if the home warranty company performs repairs pursuant to claims made under a home warranty contract.
(d) Remedies.--
In addition to any other remedies available under the Unfair Trade Practices and Consumer Protection Law or other applicable provision of law, the owner of a property on which repairs are performed in violation of subsection (b)(1) shall be entitled to a full refund of any moneys paid for those repairs, and any promissory note or other obligation to pay given to the person performing those repairs shall be void.
Cross References.
Section 7505 is referred to in section 7513 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 75 - Home Inspections › Section 7506 - Required contractual provision regarding home inspections

§ 7506. Required contractual provision regarding home inspections.
Except as provided in this section, a provision of an agreement of transfer regarding the right of the buyer to obtain a home inspection report and providing for the consequences, if any, shall provide that the home inspection be performed by a full member in good standing of a national home inspection association in accordance with the ethical standards and code of conduct or practice of that association, provided that a home inspection performed by a person who has not attained full membership in a national home inspection association satisfies the requirements of this section if the person is:
(1) licensed or registered as a professional engineer under the act of May 23, 1945 (P.L.913, No.367), known as the Engineer, Land Surveyor and Geologist Registration Law;
(2) licensed or registered under the act of December 14, 1982 (P.L.1227, No.281), known as the Architects Licensure Law; or
(3) supervised by a full member in good standing of a national home inspection association who agrees to be responsible for the home inspection report by signing the report.
(June 28, 2004, P.L.464, No.51, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 75 - Home Inspections › Section 7507 - Contracts with home inspectors

§ 7507. Contracts with home inspectors.
(a) Prohibited provisions.--
The following types of provisions in a contract with a home inspector for the performance of a home inspection are contrary to public policy and shall be void:
(1) a limitation on the liability of the home inspector for gross negligence or willful misconduct;
(2) a waiver or modification of any provision of this chapter.
(b) Scope of inspection.--
The scope of a home inspection, the services to be performed and the systems and conditions to be inspected or excluded from inspection may be defined by a contract between the home inspector and the client.
Cross References.
Section 7507 is referred to in section 7513 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 75 - Home Inspections › Section 7508 - Home inspection reports

§ 7508. Home inspection reports.
(a) Required contents.--
A home inspection report must be in writing and shall include:
(1) A description of the scope of the inspection, including without limitation an identification of the structural elements, systems and subsystems covered by the report.
(2) A description of any material defects noted during the inspection, along with any recommendation that certain experts be retained to determine the extent of the defects and any corrective action that should be taken. A "material defect" as defined in section 7102 (relating to definitions) that poses an unreasonable risk to people on the property shall be conspicuously identified as such.
(3) The following statements, set forth conspicuously:
"A home inspection is intended to assist in evaluation of the overall condition of the dwelling. The inspection is based on observation of the visible and apparent condition of the structure and its components on the date of inspection."
"The results of this home inspection are not intended to make any representation regarding the presence or absence of latent or concealed defects that are not reasonably ascertainable in a competently performed home inspection. No warranty or guaranty is expressed or implied."
"If the person conducting your home inspection is not a licensed structural engineer or other professional whose license authorizes the rendering of an opinion as to the structural integrity of a building or its other component parts, you may be advised to seek a professional opinion as to any defects or concerns mentioned in the report."
"This home inspection report is not to be construed as an appraisal and may not be used as such for any purpose."
(b) Confidentiality.--
Except as otherwise required by law, a home inspector shall not deliver a home inspection report to any person other than the client of the home inspector without the client's consent. The seller shall have the right, upon request, to receive without charge a copy of a home inspection report from the person for whom it was prepared.
(c) Repair estimates prohibited.--
A home inspector shall not express either orally or in writing an estimate of the cost to repair any defect found during a home inspection, except that such an estimate may be included in a home inspection report if:
(1) the report identifies the source of the estimate;
(2) the estimate is stated as a range of costs; and
(3) the report states that the parties should consider obtaining an estimate from a contractor who performs the type of repair involved.
Cross References.
Section 7508 is referred to in sections 7511, 7513 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 75 - Home Inspections › Section 7509 - Liability insurance

§ 7509. Liability insurance.
(a) Required insurance.--
A home inspector shall maintain insurance against errors and omissions in the performance of a home inspection and general liability, with coverages of not less than $100,000 per occurrence and $500,000 in the aggregate and with deductibles of not more than $2,500.
(b) Term.--
(1) Except as set forth in paragraph (2), a home inspector shall maintain insurance under subsection (a) for at least one year after the latest home inspection report the home inspector delivers.
(2) Paragraph (1) shall not apply to a home inspection report that was delivered prior to the effective date of this section.
Cross References.
Section 7509 is referred to in sections 7511, 7513 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 75 - Home Inspections › Section 7510 - Reliance by buyer

§ 7510. Reliance by buyer.
A buyer shall be entitled to rely in good faith, without independent investigation, on a written representation by a home inspector that the home inspector is:
(1) licensed or registered as a professional engineer under the act of May 23, 1945 (P.L.913, No.367), known as the Engineer, Land Surveyor and Geologist Registration Law;
(2) licensed or registered under the act of December 14, 1982 (P.L.1227, No.281), known as the Architects Licensure Law; or
(3) a full member in good standing of a national home inspection association.
(June 28, 2004, P.L.464, No.51, eff. 60 days)
Cross References.
Section 7510 is referred to in section 7511 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 75 - Home Inspections › Section 7511 - Penalties

§ 7511. Penalties.
(a) Criminal penalty.--
A person who violates section 7509 (relating to liability insurance) or who provides a false representation under section 7510 (relating to reliance by buyer) commits a summary offense and, upon conviction thereof for a first offense, shall be sentenced to pay a fine not exceeding $500 or to imprisonment for not more than three months, or both, and for a second or subsequent offense commits a misdemeanor of the third degree and, upon conviction thereof, shall be sentenced to pay a fine of not less than $2,000 but not more than $5,000 or to imprisonment for not less than one year but not more than two years, or both.
(b) Fine.--
A person who violates any provision of section 7508 (relating to home inspection reports) shall, upon conviction in a summary proceeding before a magisterial district judge, be sentenced to pay a fine not exceeding $500.
(Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)
2004 Amendment.
Act 207 amended subsec. (b). See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 75 - Home Inspections › Section 7513 - Engineers and architects

§ 7513. Engineers and architects.
Notwithstanding section 7503(b)(1) (relating to relationship to other laws), the following sections: 7505 (relating to consumer remedies), 7507(a)(1) and (b) (relating to contracts with home inspectors), 7508 (relating to home inspection reports) and 7509 (relating to liability insurance) shall apply to a person licensed or registered as a professional engineer under the act of May 23, 1945 (P.L.913, No.367), known as the Engineer, Land Surveyor and Geologist Registration Law, or a person licensed or registered under the act of December 14, 1982 (P.L.1227, No.281), known as the Architects Licensure Law, when performing a home inspection.
(June 28, 2004, P.L.464, No.51, eff. 60 days)
2004 Amendment.
Act 51 added section 7513.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 81 - Private Transfer Fee Obligations › Section 8102 - Intent

§ 8102. Intent.
The General Assembly finds and declares that the public policy of this Commonwealth favors the marketability of real property and the transferability of interests in real property free of title defects or unreasonable restraints on alienation. The General Assembly further finds and declares that private transfer fee obligations violate this public policy by impairing the marketability and transferability of real property and by constituting an unreasonable restraint on alienation regardless of the duration of the obligation to pay a private transfer fee, the amount of a private transfer fee or the method by which any private transfer fee is created or imposed. Thus, the General Assembly finds and declares that a private transfer fee obligation shall not run with the title to property or otherwise bind subsequent owners of property under any common law or equitable principle.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 81 - Private Transfer Fee Obligations › Section 8104 - Prohibition

§ 8104. Prohibition.
A private transfer fee obligation recorded or entered into in this Commonwealth on or after the effective date of this chapter does not run with the title to real property and is not binding on or enforceable at law or in equity against a subsequent owner, purchaser or mortgagee of an interest in real property as an equitable servitude or otherwise. A private transfer fee obligation recorded or entered into in this Commonwealth before the effective date of this chapter is presumed valid and enforceable, provided that it complies with the provisions of sections 8106 (relating to disclosure) and 8107 (relating to notice requirements for existing private transfer fee obligations) and all other applicable law.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 81 - Private Transfer Fee Obligations › Section 8105 - Liability for violation

§ 8105. Liability for violation.
A person who records or enters into an agreement imposing a private transfer fee obligation in his favor after the effective date of this chapter may be liable for the following:
(1) the damages resulting from the imposition of the private transfer fee obligation on the transfer of an interest in the real property, including, but not limited to, the amount of any transfer fee paid by a party to the transfer; and
(2) the attorney fees, expenses and costs incurred by a party to the transfer or mortgagee of the real property to recover any private transfer fee paid or in connection with an action to quiet title.
Where an agent acts on behalf of a disclosed principal to record or secure a private transfer fee obligation, liability shall be assessed to the principal, rather than the agent.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 81 - Private Transfer Fee Obligations › Section 8106 - Disclosure

§ 8106. Disclosure.
(a) General rule.--
A contract for the sale of real property subject to a private transfer fee obligation shall include a provision disclosing the existence of that obligation, a description of the obligation and a statement that private transfer fee obligations are subject to certain restrictions under this chapter. A contract for the sale of real property that does not conform to the requirements of this section shall not be enforceable by the seller against the buyer, nor shall the buyer be liable to the seller for damages under the contract. For purposes of this section, "buyer" shall include all subsequent buyers and "seller" shall include payees. The buyer under a contract that fails to comply with this section shall be entitled to the return of all deposits made in connection with the sale of the real property.
(b) Recovery upon failure to disclose.--
Where a private transfer fee obligation is not disclosed under subsection (a) and a buyer subsequently discovers the existence of the private transfer fee obligation after title to the property has passed to the buyer, the buyer may be awarded:
(1) the damages resulting from the failure to disclose the private transfer fee obligation, including, but not limited to, the amount of any private transfer fee paid by the buyer, or the difference between:
(i) the market value of the real property if it were not subject to a private transfer fee obligation; and
(ii) the market value of the real property as subject to a private transfer fee obligation; and
(2) the attorney fees, expenses and costs incurred by the buyer in seeking the buyer's remedies under this subsection.
(c) Waiver.--
A provision in a contract for sale of real property that purports to waive the rights of a buyer under this section shall be void.
Cross References.
Section 8106 is referred to in section 8104 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 82 - Broadband Services › Section 8201 - Definitions

§ 8201. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Affiliate."
A person that directly, or indirectly through one or more intermediaries, controls, is controlled by or is under common control with a specified person. The term includes subsidiaries, partnerships, joint ventures and other entities that have shared resources, interests or business dealings.
"Broadband facilities."
Wires, cables, materials, equipment and other facilities, which are or can be used for the provision of broadband services.
"Broadband service supplier."
An electricity, telecommunications, cable operator or Internet supplier or affiliate that constructs, owns or installs new broadband facilities to provide broadband services, at wholesale or retail, using existing electric infrastructure, including, but not limited to, poles and conduit, within an easement. The term includes third parties with which the electric cooperative corporation contracts, licenses or otherwise enters into agreements with for the installation, service or maintenance of broadband infrastructure and provision of broadband services on behalf of the electric cooperative corporation or its affiliate.
"Broadband services."
As follows:
(1) Service that consists of or includes the provision of broadband that:
(i) is used to provide access to the Internet; or
(ii) provides computer processing, information storage, information content or protocol conversion.
(2) The term includes the provision of voice over Internet protocol services and Internet protocol-enabled services.
"Easement."
A recorded or unrecorded right-of-way, easement or similar property right acquired by eminent domain, prescription or conveyance that is used or may be used for transmitting, distributing or providing electric service by utilizing electric infrastructure.
"Electric cooperative corporation."
As defined in 15 Pa.C.S. § 7302(a) (relating to application of chapter).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 11 - Compensation (Repealed) › Section 1101 - § 1105 - (Repealed)

2005 Repeal.
Part II (Chapter 11) was added July 7, 2005, P.L.201, No.44, and repealed November 16, 2005, P.L.385, No.72, effective immediately. Similar subject matter is now contained in the act of September 30, 1983, P.L.160, No.39, known as the Public Official Compensation Law.
CHAPTER 11
COMPENSATION
(Repealed)
2005 Repeal.
Chapter 11 (§§ 1101 - 1105) was added July 7, 2005, P.L.201, No.44, and repealed November 16, 2005, P.L.385, No.72, effective immediately. Similar subject matter is now contained in the act of September 30, 1983, P.L.160, No.39, known as the Public Official Compensation Law.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 22 - Merit System Employment › Section 2201 - Transfer of duties

§ 2201. Transfer of duties.
Beginning on the effective date of this section, the Office of Administration shall perform the duties conducted by the commission and the director under the Civil Service Act, except sections 950 and 951(a), (b) and (c) of the Civil Service Act.
Cross References.
Section 2201 is referred to in section 2202 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 22 - Merit System Employment › Section 2203 - Regulations

§ 2203. Regulations.
(a) Authority.--
The Office of Administration may promulgate regulations necessary to carry out the provisions of this part.
(b) Temporary regulations.--
(1) In order to facilitate the prompt implementation of this part, the Office of Administration may promulgate temporary regulations which shall expire no later than three years following the publication of the temporary regulations. The Office of Administration may promulgate temporary regulations not subject to:
(i) Sections 201, 202, 203, 204 and 205 of the act of July 31, 1968 (P.L.769, No.240), referred to as the Commonwealth Documents Law.
(ii) Section 204(b) of the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act.
(iii) The act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act.
(2) The authority provided to the Office of Administration to adopt temporary regulations under paragraph (1) shall expire three years following the publication of the temporary regulations. Regulations adopted after this period shall be promulgated as provided by law.
2018 Amendment.
Act 71 added section 2203, effective immediately as to subsec. (b) and nine months as to the remainder of the section. See section 3 of Act 71 in the appendix to this title for special provisions relating to continuation of prior law and applicability.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 22 - Merit System Employment › Section 2204 - Federal standards

§ 2204. Federal standards.
(a) Duty.--
Notwithstanding any other provision of this part, the Commonwealth and its political subdivisions shall take action with respect to matters involving personnel administration as necessary to ensure the continued eligibility of the Commonwealth and its political subdivisions for Federal grants-in-aid.
(b) Prohibition.--
Notwithstanding any other provision of this part, a State program which is required to have the State program's positions under a merit system because of the receipt of Federal grants-in-aid may not have more positions in the unclassified service than are allowed by Federal merit system standards.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 22 - Merit System Employment › Section 2205 - Legislative representation for collective bargaining (Repealed)

§ 2205. Legislative representation for collective bargaining (Repealed).
2019 Repeal.
Section 2205 was repealed November 27, 2019, P.L.667, No.92, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 23 - Selection of Employees for Entrance to or Promotion in Classified Service › Section 2302 - Nature of examinations

§ 2302. Nature of examinations.
(a) General rule.--
Examinations shall be conducted to establish employment and promotion lists. Examinations may be:
(1) Written or oral.
(2) A demonstration of skill.
(3) An evaluation of experience and education.
(4) A combination of paragraphs (1), (2) and (3) which fairly appraise the fitness and ability of competitors.
(b) Method of examination.--
The appointing authority shall select the method of examination that will be used for the individual position or the class of positions for which the employment or promotion list is being established. The examinations shall:
(1) Be practical in nature.
(2) Relate to the duties and responsibilities of the position for which the applicant is being examined.
(3) Fairly test the relative capacity and fitness of individuals examined to perform the duties of the position or class of positions to which the individuals seek to be appointed or promoted.
(c) Qualifications.--
An applicant may be required to possess scholastic education qualifications only if the position for which the applicant is being examined requires professional or technical knowledge, skills and abilities or if the scholastic qualifications are required to ensure the continued eligibility of the Commonwealth for Federal grants-in-aid. No greater credit for experience gained during a provisional, emergency or temporary appointment under this chapter shall be given to an individual in an examination than is given for experience in the same type of work performed in a similar position not under the provisions of this chapter.
(d) Military service.--
In evaluating experience in order to compute the final rating in an examination to establish eligible lists, an individual discharged other than dishonorably after active service during a war or armed conflict in which the United States engaged, from a branch of the armed forces of the United States or from a women's uniformed service directly connected with the armed forces of the United States, may not be given less credit for experience than would be given for continued experience in the position held at the time of induction into the service.
(e) Discriminatory questions prohibited.--
No question in an examination shall relate to the race, gender, religion, disability or political or labor union affiliation of the candidate.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 23 - Selection of Employees for Entrance to or Promotion in Classified Service › Section 2303 - Holding examinations and rating competitors

§ 2303. Holding examinations and rating competitors.
The Office of Administration shall prepare and hold examinations rating the work of competitors and prepare the resulting eligible lists. Individuals not on the regular staff of the Office of Administration may be called on for assistance.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 23 - Selection of Employees for Entrance to or Promotion in Classified Service › Section 2304 - Public notice of examinations

§ 2304. Public notice of examinations.
The Office of Administration shall give public notice of all examinations for positions or promotions in the classified service at least two weeks in advance of the final date for filing applications.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 23 - Selection of Employees for Entrance to or Promotion in Classified Service › Section 2305 - Ratings of competitors

§ 2305. Ratings of competitors.
(a) Computation of rating.--
The final earned rating of an individual competing in an examination shall be attained by computing the ratings for each part or parts of the examination, the qualifying point for which is set by the Office of Administration, according to weights for each test.
(b) Notification.--
The Office of Administration shall provide notice by e-mail or other communication or method, if available, or, alternatively, by United States mail, to all competitors informing them whether they have attained a place on the eligible list and informing those who have attained a place on the eligible list of the number of individuals who took the examination, the number of individuals on the eligible list and the individual's relative standing on the eligible list.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 23 - Selection of Employees for Entrance to or Promotion in Classified Service › Section 2306 - Establishment of eligible lists

§ 2306. Establishment of eligible lists.
The Office of Administration shall establish and maintain eligible lists as are necessary or desirable to meet the needs of the service. The eligible lists shall contain the names of each individual who has qualified for and successfully passed the examination. The eligible list shall be arranged in the order of final earned ratings.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 23 - Selection of Employees for Entrance to or Promotion in Classified Service › Section 2307 - Duration of eligible lists

§ 2307. Duration of eligible lists.
(a) Duration.--
The duration of an eligible list shall be fixed by the Office of Administration. An existing eligible list shall terminate upon the establishment of an appropriate, new, eligible list unless otherwise prescribed by the Office of Administration.
(b) Utilization of current eligible lists.--
Appointing authorities shall utilize eligible lists from the date of the establishment of the eligible list until exhausted, canceled by the Office of Administration or replaced by more recently prepared eligible lists.
(c) Correction and revision.--
The Office of Administration may correct clerical errors occurring in connection with the preparation of an eligible list and revise the eligible list accordingly. No individual who has been appointed as the result of certification from the eligible list shall be displaced by the action.
(d) Cancellation.--
The Office of Administration shall have the power, after giving notice as required in this part and after a public hearing, to cancel the whole or a part of an eligible list on account of illegality or fraud in connection with the eligible list.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 24 - Appointment and Promotion of Employees in Classified Service › Section 2401 - Certification

§ 2401. Certification.
(a) Statement of vacancy.--
If a vacancy is likely to occur or is to be filled in the classified service, the appointing authority shall submit to the Office of Administration a statement indicating the position to be filled.
(b) Certification of available individuals.--
(1) The Office of Administration shall certify to the appointing authority the names of the three highest-ranking available individuals on the certification of eligibles, except if any of the following apply:
(i) The appointing authority elects to follow an alternative selection procedure under section 2402(a) (relating to selection and appointment of eligibles).
(ii) A labor agreement covering promotions in the classified service exists.
(iii) The Office of Administration has specified, prior to testing the eligibles on the eligible list, that either all available individuals, regardless of ranking, or a specified alternative number other than three of the highest-ranking available individuals shall be used in making selections for the classification.
(2) If a labor agreement covering promotions in the classified service exists, the terms and procedures of the labor agreement relative to the procedures for promotions shall control.
(c) Lack of eligibles.--
If the appropriate employment or promotion certification of eligibles contains fewer than three eligibles who are willing to accept appointment or if there is no appropriate eligible list, the appointing authority may appoint an available eligible from the approved eligible list or request the Office of Administration to certify from another eligible list deemed the next most appropriate.
(d) Selective certifications.--
If operational conditions of the appointing authority dictate and it is in the interest of the service to the Commonwealth, the Office of Administration may authorize selective certifications based on merit-related criteria.
(e) Waiver of consideration.--
An individual on a promotion or employment list who waives consideration for promotion or appointment may not be considered among the names from which a promotion or appointment is to be made.
Cross References. Section 2401 is referred to in section 2402 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 24 - Appointment and Promotion of Employees in Classified Service › Section 2402 - Selection and appointment of eligibles

§ 2402. Selection and appointment of eligibles.
(a) Alternative selection procedure.--
Unless a labor agreement contains promotion procedures which are inconsistent with this chapter, in which case the terms of the labor agreement shall be controlling, if a vacant position is to be filled, an appointing authority may:
(1) request that the Office of Administration issue an appropriate certification of previously tested and active eligibles; or
(2) request that the Office of Administration create and issue a certification of eligibles consisting only of the names of those candidates who responded by applying for the vacancy after receipt of notice of the vacancy from the Office of Administration. The failure of a candidate to apply for the vacancy shall be considered a waiver under section 2401 (relating to certification).
(b) Selection of certified eligibles.--
The following apply:
(1) The certification of eligibles created and issued under this section shall be valid for 90 business days.
(2) If the vacant position is to be filled from an eligible list, the appointing authority shall select an individual who is among the three highest-ranking available individuals on the certification of eligibles, unless the Office of Administration has specified prior to testing the eligibles on the eligible list that either all available individuals regardless of ranking or a specified alternative number other than three of the highest-ranking available individuals shall be used in making selections for the classification.
(3) In making the second or subsequent selection from the eligibles on an employment or promotional certification, each selection shall be from among the similarly ranked available individuals remaining on the certification of eligibles.
(4) After an individual has been rejected three times by an appointing authority in favor of others on the same eligible list, the individual may not be certified to that appointing authority, except upon written request from the appointing authority.
(5) Appointing authorities shall promptly report to the Office of Administration the appointment of eligibles who have been certified.
(6) If a certified eligible refuses to accept an offer of employment, the refusal shall be promptly investigated by the Office of Administration and, if found that the refusal has been made for improper or insufficient reasons, the Office of Administration shall, after giving 10 days' notice to the individual, remove the eligible from the eligible list.
Cross References.
Section 2402 is referred to in section 2401 of this title; section 7104 of Title 51 (Military Affairs).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 24 - Appointment and Promotion of Employees in Classified Service › Section 2403 - Substitution during military leave

§ 2403. Substitution during military leave.
(a) Substitution for military leave.--
When an employee in the classified service is granted military leave, the position vacated shall be filled only by substitute appointment or promotion and the employee appointed or promoted shall vacate the position upon return of the employee from military leave. A substitute employee, when required to vacate a position upon the return of the regular employee, shall have the right to return to the substitute employee's previous civil service position and status.
(b) Substitute lists.--
The substitute appointment or promotion shall be made from lists certified by the Office of Administration under this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 24 - Appointment and Promotion of Employees in Classified Service › Section 2404 - Probationary period

§ 2404. Probationary period.
(a) Completion and duration.--
(1) No appointment to a position in the classified service shall be deemed complete until after the expiration of a probationary period.
(2) The probationary period for each class of positions shall be prescribed by the Office of Administration and, except for trainee classes, shall in no case be less than six months nor more than 18 months. The probationary period for a trainee class shall be combined with that of the class for which the trainee is being trained. The combined probationary period shall be the same as the training period and shall not exceed 24 months.
(3) The appointing authority may remove an employee during the probationary period if, in the opinion of the appointing authority, the probation indicates that the employee is unable or unwilling to perform the duties satisfactorily or that the employee's dependability does not merit continuance in the service. Upon removal, the appointing authority shall notify the employee in a manner prescribed by the Office of Administration.
(b) Notification of permanent status.--
If the employee's work has been satisfactory, the appointing authority shall notify the employee in writing prior to the completion of the probationary period that the employee shall attain regular status in the classified service upon completion of the probationary period.
(c) Further appointment.--
If an employee is removed from a position during or at the end of the probationary period and the Office of Administration determines that the employee is suitable for appointment to another position, the employee's name may be restored to the eligible list from which the name was certified.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 24 - Appointment and Promotion of Employees in Classified Service › Section 2405 - Provisional appointments

§ 2405. Provisional appointments.
(a) Accelerated examination program.--
The Office of Administration may authorize an accelerated examination program for the position to be filled if:
(1) there is a great and urgent public need to fill a vacancy in a position in the classified service;
(2) the Office of Administration is unable to certify an eligible for the vacancy from an eligible list or arrange for a reassignment, transfer, promotion or other means of filling the vacancy with a qualified employee; and
(3) there is no regular examination immediately available.
(b) Elements of program.--
The accelerated examination program shall include:
(1) Abbreviated, localized advertising for the position to ensure open competition.
(2) Rapid processing and evaluation of the qualifications of applicants, ranking the applicants as well qualified, qualified and not qualified.
(3) Certification of applicants determined to be well qualified and qualified for the position.
(c) Appointment.--
The appointing authority shall appoint applicants determined to be well qualified. If insufficient well-qualified applicants are available, the appointment shall be made from the qualified group.
(d) Test period.--
The appointee shall serve a six-month working test period upon successful completion of which the appointee shall be granted probationary status. Failure to successfully complete the working test period shall result in termination.
(e) Successive appointments prohibited.--
Successive provisional appointments of the same individual may not be made to the same position or classification.
(f) Rights of provisional status.--
The acceptance of a provisional appointment shall not confer upon the appointee rights of promotion, reinstatement or reassignment to another classification while in provisional status.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 24 - Appointment and Promotion of Employees in Classified Service › Section 2406 - Temporary appointments to extra positions

§ 2406. Temporary appointments to extra positions.
If, from pressure of work, an extra position in the classified service must be established for a period of 12 months or less, the appointing authority shall request the Office of Administration to certify the name of a qualified individual from an appropriate eligible list or by other means authorized by this part. In the request, the appointing authority shall state the cause of the extra work, the probable length of employment and the duties that the appointee is to perform.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 24 - Appointment and Promotion of Employees in Classified Service › Section 2407 - Emergency appointments

§ 2407. Emergency appointments.
(a) Appointment during emergency period.--
An appointing authority or a subordinate authorized by the appointing authority may, to prevent serious impairment of the public business when an emergency arises and time may not permit securing authorization from the Office of Administration for the appointment of a certified eligible, appoint a qualified individual during the emergency for a period not exceeding 30 days and, with the approval of the Office of Administration, extend the appointment for a further period not to exceed 30 days.
(b) Parameters.--
The following shall not be considered an emergency:
(1) a vacancy of which the appointing authority had reasonable notice; or
(2) employment conditions of which the appointing authority had previous knowledge.
(c) Nomenclature.--
Individuals appointed under subsection (a) shall be known as emergency employees.
(d) Report to Office of Administration.--
Appointing authorities shall immediately report to the Office of Administration all emergency appointments.
(e) Nonrenewal.--
Appointments made under subsection (a) may not be renewed.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 25 - Regulation of Employees in Classified Service › Section 2501 - Performance ratings

§ 2501. Performance ratings.
(a) Evaluations.--
Performance evaluations shall be considered for purposes prescribed by the Office of Administration.
(b) Frequency of evaluations.--
Agencies shall evaluate the performance of agency employees during the employees' probationary periods and at least once a year thereafter.
(c) Forms and procedure.--
Performance evaluation forms and procedures shall be reviewed and approved by the Office of Administration prior to utilization.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 25 - Regulation of Employees in Classified Service › Section 2502 - Transfers and reassignments

§ 2502. Transfers and reassignments.
(a) Transfers.--
The transfer of a classified service employee from a position under the jurisdiction of one appointing authority to a position in the same class under the jurisdiction of another appointing authority may be made with the approval of the Office of Administration and both appointing authorities.
(b) Reassignments.--
An appointing authority may reassign a classified service employee under the appointing authority's jurisdiction from one position to another in the same class or in a similar class at the same pay range for which the employee qualifies.
(c) Manner of transfers and reassignments.--
Transfers and reassignments shall be accomplished in a manner prescribed by the Office of Administration.
(d) Promotion.--
A transfer or reassignment of an employee from a position in one class to a position in a class for which a higher maximum salary is prescribed shall be deemed a promotion and may be accomplished only in the manner provided for in this part.
(e) Appointment after certification.--
No individual may be transferred or reassigned from a position in the unclassified service to a position in the classified service unless appointed to the classified service position after certification of the individual's name from an eligible list in accordance with the provisions of this part.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 25 - Regulation of Employees in Classified Service › Section 2503 - Demotions

§ 2503. Demotions.
(a) Employees subject to demotion and rights.--
The following apply:
(1) An appointing authority may demote to a vacant position in a lower class an employee in the classified service who does not satisfactorily perform the duties of the position to which the employee was appointed or promoted and who is able to perform the duties of the lower class position.
(2) In case of a demotion, the employee shall have all rights of appeal as provided in this part.
(3) No employee may be demoted because of the employee's race, gender, religion, disability or political, partisan or labor union affiliation or other nonmerit factor.
(b) Voluntary demotion.--
A voluntary demotion may be made by an appointing authority upon written request of the employee with the approval of the Office of Administration.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 25 - Regulation of Employees in Classified Service › Section 2505 - Effect of reclassifications

§ 2505. Effect of reclassifications.
(a) Reclassification.--
When an employee's job changes or the board changes a classification and a reallocation of the position becomes necessary, the employee shall be reclassified to the new classification, provided the employee meets the established requirements for the new classification.
(b) Reclassification to lower level.--
Reclassification to a lower level shall not be construed as a demotion.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 25 - Regulation of Employees in Classified Service › Section 2506 - Other personnel standards and rules

§ 2506. Other personnel standards and rules.
With respect to other personnel management matters, including hours of work, paid holidays, vacations, sick leave and employee training, employees in the classified service shall conform to standards and rules established by the Governor and the board for Commonwealth employees generally.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 26 - Separation of Employees from Classified Service › Section 2601 - Temporary and permanent separations

§ 2601. Temporary and permanent separations.
An employee may be:
(1) Temporarily separated from the classified service through furlough, leave of absence or suspension.
(2) Permanently separated from the classified service through rejection on probation, retirement, resignation or removal.