Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 42 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter D - PLEADINGS AND OTHER PRELIMINARY MATTERS › Section 42.31 - Commencement of proceedings by complaint and answer under

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A proceeding may be commenced by filing a
					 verified complaint with the Commission. The Commission will, thereafter, enter
					 the complaint on its official docket and serve the complaint by sending a copy
					 to each named respondent, within 30 days of the date of the entry of the
					 complaint on its docket; except that if the complaint contains one or more
					 allegations under section 5(h) or 5.3 of the act (43 P. S. §§
												955(h) and
					 955.3), involving unlawful
					 housing discrimination cognizable under the Fair Housing Act, or under section
					 5(d) or (e) of the act, if the underlying or supporting action involves
					 unlawful housing discrimination cognizable under the Fair Housing Act, the
					 complainant shall be advised of the time limits for processing such a
					 complaint, and of the choice of forums as set forth in §
											42.101(c)
					 (relating to hearings), and the complaint shall be served within 10 days after
					 the date of filing, along with a notice to the respondent of the respondent's
					 rights and duties.
(b) The Attorney
					 General or the Commission, by the Executive Director or by another person the
					 Commission may authorize, may commence a proceeding by filing a complaint at
					 any office of the Commission.
(c)
					 The respondent shall file with the Commission, and serve on each named
					 complainant, a written, verified answer within 30 days of service of the
					 complaint, including those complaints containing one or more allegations under
					 section 5(h) or 5.3 of the act, involving unlawful housing discrimination
					 cognizable under the Fair Housing Act, or under section 5(d) or (e) of the act,
					 if the underlying or supporting action involves unlawful housing discrimination
					 cognizable under the Fair Housing Act. Upon written request of the respondent,
					 and for good cause shown, the Commission may grant an extension of not more
					 than 30 days in which to file the answer. The respondent shall serve a copy of
					 the answer on each named complainant, and where an attorney has entered an
					 appearance on behalf of a named complainant, shall also serve a copy on the
					 attorney.
(d) Failure to file an
					 answer within the required time will be deemed to place the respondent in
					 default and may result in appropriate action under §
											42.33(c) and (d)
					 (relating to effect of answer and new matter; effect of failure to file answer;
					 rule to show cause).
(e)
					 Subsections (a)-(d) supplement 1 Pa. Code §
											35.9 (relating to formal
					 complaints generally).
This section cited in 16 Pa. Code §
													42.33 (relating to effect of
						  answer and new matter; effect of failure to file answer; rule to show
						  cause).