reglab/statecodes huggingface dataset:
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 E - DISCOVERY DURING INVESTIGATION AND IN PREPARATION FOR PUBLIC HEARING › Section 42.53 - Use of depositions at hearings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) At the hearing, any part or all of the
					 deposition, so far as otherwise admissible, may be used against any party who
					 was present or represented at the taking of the deposition, or who had notice
					 thereof if required, in accordance with one or more of the following
					 provisions:
(1) A deposition may be used by
					 any party for the purpose of contradicting or impeaching the testimony of a
					 deponent as a witness.
(2) The
					 deposition of a party or of any one who at the time of taking the deposition
					 was an officer, director or managing agent of a party may be used by an adverse
					 party for any purpose.
(3) The
					 deposition of a witness, whether or not a party, may be used by any party for
					 any purpose if the hearing commissioners or permanent hearing examiner finds
					 one of the following:
(i) That the witness is
					 dead.
(ii) That the witness is at a
					 greater distance than 100 miles from the place of the hearing or is outside
					 this Commonwealth, unless it appears that the absence of the witness was
					 procured by the party offering the deposition.
(iii) That the witness is unable to attend or
					 testify because of age, sickness, infirmity or imprisonment.
(iv) That the party offering the deposition
					 has been unable to procure the attendance of the witness by subpoena.
(v) Upon application and notice, that such
					 exceptional circumstances exist as to make it desirable, in the interest of
					 justice and with regard to the importance of presenting the testimony of
					 witnesses orally at hearing, to allow the deposition to be used.
(4) If only part of a deposition
					 is offered in evidence by a party, an adverse party may require that party to
					 introduce all of it which is relevant to the part introduced, and any party may
					 introduce any other parts.
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 E - DISCOVERY DURING INVESTIGATION AND IN PREPARATION FOR PUBLIC HEARING › Section 42.54 - Production of documents and things and entry for inspection

Current through Register Vol. 54, No. 28, July 13, 2024
(a) As authorized in §
											42.42 (relating to authorization
					 to employ discovery measures), application may be made to a motions
					 commissioner or motions examiner for one or more of the following:
(1) Production of and permission to inspect
					 and copy, test or sample documents (including writings, drawings, graphs,
					 charts, photographs, phonograph records, computer data and other compilations
					 of data from which information may be obtained, translated, if necessary, by
					 the party from whom production is sought into reasonably usable form), other
					 materials or tangible things which are in the possession, custody or control of
					 the party from which production is sought.
(2) To permit entry upon designated land or
					 other property in the possession or control of the party from whom production
					 is sought for the purpose of inspecting and measuring, surveying,
					 photographing, testing, sampling or otherwise examining the property or any
					 designated object or operation thereon.
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 E - DISCOVERY DURING INVESTIGATION AND IN PREPARATION FOR PUBLIC HEARING › Section 42.55 - Requests for admissions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) After
					 the approval of the hearing on the merits of a complaint, any party may send to
					 another party a written request for the admission of the truth of a matter or
					 of the authenticity of any writing, document or record, a copy of which is
					 attached to the request, relevant to the pending proceeding.
(b) Matters referred to in subsection (a)
					 will be deemed admitted unless within 20 days after service of the request the
					 recipient serves upon the requesting party a sworn and properly executed answer
					 admitting, denying or objecting to each item.
(c) Reasons for all objections shall be
					 stated.
(d) All that is not denied
					 in an answer shall be deemed to be admitted. If an answer reads "denied in
					 part" or "admitted in part", the answer shall also state with specificity that
					 which is denied and that which is admitted.
(e) Upon motion by a party requesting
					 admissions, a motions commissioner or a motions examiner will determine if the
					 answer complies with this section. The motions commissioner or motions examiner
					 may order that the matter is admitted or denied or that the request or answer
					 shall be amended as the circumstances warrant.
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 E - DISCOVERY DURING INVESTIGATION AND IN PREPARATION FOR PUBLIC HEARING › Section 42.56 - Protective orders

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon motion
					 by the staff, by a party or by the person from whom discovery is sought, the
					 Commission may issue any order which justice requires to protect a party or
					 person from unreasonable annoyance, embarrassment, oppression, burden or
					 expense.
(b) When a motion for a
					 protective order is denied in whole or in part, the Commission may, upon terms
					 and conditions as are just, order that the party or persons provide or permit
					 discovery.
This section cited in 16 Pa. Code §
													42.54 (relating to production of
						  documents and things and entry for inspection and other
						  purposes).
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 E - DISCOVERY DURING INVESTIGATION AND IN PREPARATION FOR PUBLIC HEARING › Section 42.57 - Scope of discovery of the Commission's records, documents

Current through Register Vol. 54, No. 28, July 13, 2024
The staff of the Commission will not be examined either
						by interrogatory or deposition except when leave to undertake the examination
						is granted by the Commission, a motions commissioner, or a motions examiner
						upon petition alleging that one of the following exists:
(1) The staff person has direct personal
					 knowledge of evidence relevant to the proceeding other than evidence gathered
					 as a result of investigation.
(2)
					 For other reasons which shall be set forth with particularity, justice requires
					 that the petition be granted.
(3)
					 Discovery has revealed that the staff person will be called as a
					 witness.
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 E - DISCOVERY DURING INVESTIGATION AND IN PREPARATION FOR PUBLIC HEARING › Section 42.58 - Exemptions from discovery

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Information which is exempt from discovery includes, but is not limited to, the
					 following:
(1) A record, report, memorandum
					 or communication dealing with the internal practice, policy and procedure of
					 the Commission.
(2) A record,
					 report, memorandum or communication of the staff or a staff meeting regarding
					 the institution, progress or result of an investigation of a complaint or
					 regarding matters prepared in anticipation of a hearing.
(3) A report, record, memorandum or
					 communication regarding any endeavor to eliminate the unlawful discriminatory
					 practice complained of by conference, conciliation or persuasion.
(4) The work product of an investigator or
					 other staff member made in the course of an investigation of a complaint or in
					 anticipation of or in preparation for a hearing on the complaint or a report,
					 record, memorandum or communication made by the staff during the investigation
					 of a complaint or in anticipation of or in preparation for a hearing on the
					 complaint which is otherwise privileged.
(5) A memorandum, statement or mental
					 impression prepared or obtained by a staff attorney.
(6) The identity of confidential informants
					 and sources.
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 F - DISMISSAL OF COMPLAINTS AND PRELIMINARY HEARING CONSIDERATION › Section 42.61 - Dismissal of complaints

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If,
					 after investigation, the staff determines that no probable cause exists to
					 credit the allegations of the complaint or if, during or after investigation,
					 the staff determines that the case is untimely filed, that the case is moot,
					 that the Commission lacks jurisdiction, that the parties have reached an
					 agreement adjusting the complaint or that another reason exists which legally
					 justifies the dismissal of the complaint, the staff will make a finding
					 reflecting that determination.
(b)
					 A staff finding will be reported to the Executive Director, who may close the
					 case or take other action as may be deemed necessary or appropriate. The
					 Executive Director may appoint, in writing, another staff person who is
					 authorized to close cases in the Executive Director's absence.
(c) Whenever a case is closed, the Commission
					 will notify all parties in writing of the following:
(1) The closing, together with a statement of
					 the reason therefor.
(2) The right
					 of the complainant to request a preliminary hearing in accordance with §
												42.62 (relating to request for a
					 preliminary hearing).
(3) The right
					 of the complainant to bring an action in the court of common pleas of the
					 county wherein the alleged unlawful discriminatory practice took place. The
					 duty of the complainant to serve a copy of the court complaint on the
					 Commission, in an action so brought, at the same time the complaint is filed in
					 court.
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 F - DISMISSAL OF COMPLAINTS AND PRELIMINARY HEARING CONSIDERATION › Section 42.62 - Request for a preliminary hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 If a case is closed under §
											42.61 (relating to dismissal of
					 complaints), the complainant may file a request for a preliminary hearing
					 within 10 days of receipt of the notice of the closing of the
					 complaint.
(b) The request for a
					 preliminary hearing may be made only once for each ground of closing.
(c) A request for a preliminary hearing shall
					 be in writing, state specifically all grounds on which the complainant disputes
					 the Commission's stated reasons for closing the case, and may contain new
					 evidence not previously considered by the Commission.
(d) The Commission will forward a copy of the
					 request for a preliminary hearing and material in support thereof to the
					 respondent, who shall have the right to respond thereto within 10 days of
					 receipt of the copy.
This section cited in 16 Pa. Code §
													42.61 (relating to dismissal of
						  complaints); and 16 Pa. Code §
													42.76 (relating to rescission of
						  finding of probable cause).
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 F - DISMISSAL OF COMPLAINTS AND PRELIMINARY HEARING CONSIDERATION › Section 42.63 - Action on request for a preliminary hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A request for a preliminary hearing will
					 be referred to a staff counsel who will review the file, consider new evidence,
					 secure new information as may be necessary or appropriate, and who shall
					 recommend one of the following:
(1) That the
					 request be denied.
(2) That
					 probable cause exists to credit the allegations of the complaint, on the record
					 currently before staff counsel, without the need for a preliminary
					 hearing.
(3) That the case should
					 be reopened for further investigation or other appropriate action, without the
					 need for a preliminary hearing.
(4)
					 That a preliminary hearing is necessary or appropriate under §
												42.65(a)
					 (relating to conduct of preliminary hearing).
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 F - DISMISSAL OF COMPLAINTS AND PRELIMINARY HEARING CONSIDERATION › Section 42.64 - Preliminary hearing officer

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Whenever a preliminary hearing is to be convened under this subchapter, the
					 Executive Director will designate a preliminary hearing officer before whom the
					 preliminary hearing will be conducted.
(b) The preliminary hearing officer will be a
					 Commission counsel, and have all the authority vested in hearing commissioners
					 and permanent hearing examiners under §
											42.111 (relating to powers and
					 duties of hearing commissioners and permanent hearing examiners) and in
					 presiding officers under 1 Pa. Code §
											35.187 (relating to authority
					 delegated to presiding officers).
This section cited in 16 Pa. Code §
													42.131 (relating to Motions
						  Commissioners and Motions
						  Examiners).
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 F - DISMISSAL OF COMPLAINTS AND PRELIMINARY HEARING CONSIDERATION › Section 42.65 - Conduct of preliminary hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 A preliminary hearing may be convened under this subchapter to determine
					 probable cause for crediting the allegations of the complaint, to determine
					 whether a case should be reopened under §
											42.67 (relating to reopening cases
					 after final disposition), or whenever the Commission deems a hearing necessary
					 or appropriate.
(b) The testimony
					 taken at a preliminary hearing under this subchapter will be transcribed and
					 under oath, and the parties and the Commission staff counsel will be afforded
					 the opportunity to submit briefs on the issues.
This section cited in 16 Pa. Code §
													42.63 (relating to action on
						  request for a preliminary hearing).
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 F - DISMISSAL OF COMPLAINTS AND PRELIMINARY HEARING CONSIDERATION › Section 42.66 - Results of preliminary hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 If, after a preliminary hearing under this subchapter, the preliminary hearing
					 officer finds that probable cause exists to credit the allegations of the
					 complaint, the preliminary hearing officer will reopen the case and make a
					 finding of probable cause.
(b) If,
					 subsequent to the commencement of a preliminary hearing under this subchapter,
					 the preliminary hearing officer finds that further investigation or other
					 action by the Commission is necessary or appropriate, the preliminary hearing
					 officer will reopen the case, direct that further investigation or other action
					 take place, and may retain jurisdiction over the case as is deemed necessary or
					 appropriate.
(c) If, after a
					 preliminary hearing under §
											42.67 (relating to reopening cases
					 after final disposition), the preliminary hearing officer finds that justice
					 requires that the case be reopened, the finding will be made and reported to
					 the Commissioners, who may reopen the case or take other action as they deem
					 necessary or appropriate.
(d) If,
					 after a preliminary hearing under this subchapter, the preliminary hearing
					 officer finds that probable cause does not exist to credit the allegations of
					 the complaint, or that justice does not require that the case be reopened under
					 § 42.67, the finding will be made and reported to the Commissioners, who
					 may reaffirm the case closing or take other action as they deem necessary or
					 appropriate.
(e) The Commission
					 will notify all parties, in writing, of the results of any preliminary hearing
					 held under this subchapter.
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 F - DISMISSAL OF COMPLAINTS AND PRELIMINARY HEARING CONSIDERATION › Section 42.67 - Reopening cases after final disposition

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Subsequent to the final disposition of a
					 case under this subchapter, the Commission may reopen the case on its own
					 motion, whenever justice so requires.
(b) Prior to reopening a case under this
					 section, the Commission will notify all parties of the proposed action and
					 afford them the opportunity to respond, in writing, thereto.
(c) The Commission may convene a preliminary
					 hearing, to determine whether a case should be reopened under this section, as
					 the Commission may deem necessary or appropriate.
This section cited in 16 Pa. Code §
													42.65 (relating to conduct of
						  preliminary hearing); and 16 Pa. Code §
													42.66 (relating to results of
						  preliminary hearing).
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 G - FINDING OF PROBABLE CAUSE AND PREHEARING CONCILIATION › Section 42.71 - Finding of probable cause and attempts at conciliation after service of the complaint

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If,
					 after a preliminary investigation, the Commission determines that probable
					 cause exists to credit the allegations of the complaint, a finding of probable
					 cause will be made.
(b) Whether or
					 not a finding of probable cause is made, the Commission will, after service of
					 the complaint, encourage a voluntary and informed predetermination settlement
					 between the parties. If a finding of probable cause is made, the Commission
					 will endeavor to eliminate the unlawful discriminatory practice by conference,
					 conciliation and persuasion.
This section cited in 16 Pa. Code §
													42.63 (relating to action on
						  request for a preliminary hearing).
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 G - FINDING OF PROBABLE CAUSE AND PREHEARING CONCILIATION › Section 42.72 - Conciliation and adjustment

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If the
					 unlawful practice complained of is eliminated by conference, conciliation and
					 persuasion, the material terms of the adjustment may be incorporated into a
					 conciliation agreement.
(b) A
					 conciliation agreement or other predetermination settlement agreement may be
					 entered as a consent order by the Commissioners if all parties consent to the
					 entry and will have the same force and effect as a final order issued by the
					 Commission after a hearing on the merits of a complaint.
(c) When the formal offer of adjustment by a
					 respondent is acceptable to the Commissioners but not to the complainant, the
					 Commission may close the case and the complainant may proceed in the
					 appropriate court of common pleas under section 12(c) of the act (42 P. S. §
												962(c)).
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 G - FINDING OF PROBABLE CAUSE AND PREHEARING CONCILIATION › Section 42.73 - Reconsideration of adjustment

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 party shall have the right to petition the Commission to consider whether
					 another party has complied with the terms of adjustment or settlement, or
					 both.
(b) A party may file a
					 petition under this section regardless of whether a finding of probable cause
					 has been made in the case.
(c) The
					 Commission will consider the petition and take whatever action it deems
					 necessary or appropriate, as justice may require; except that the Commission
					 will not, in any case, enforce an adjustment or settlement which is not in
					 writing and signed by the party against whom enforcement is sought.
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 G - FINDING OF PROBABLE CAUSE AND PREHEARING CONCILIATION › Section 42.74 - Notice of right to bring an action in the court of common pleas

Current through Register Vol. 54, No. 28, July 13, 2024
Upon the dismissal of a complaint, the denial of a
						request for reconsideration, the dismissal of a complaint after reconsideration
						or the expiration of a statutory period in the act or the Fair Educational
						Opportunities Act, if the Commission has not entered into a conciliation
						agreement to which the complainant is a party, the Commission will notify the
						complainant in writing of the right of the complainant to bring an action in
						the court of common pleas, in accordance with section 12(c) of the act
						(43
						P. S. §
												962(c)), and of
						the duty of the complainant to serve a copy of the court complaint on the
						Commission, in any action so brought, at the same time the complaint is filed
						in court.
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 G - FINDING OF PROBABLE CAUSE AND PREHEARING CONCILIATION › Section 42.75 - Conciliation meetings and prehearing conferences

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Conciliation meetings will be governed by
					 1 Pa. Code §
											35.111 (relating to conferences to
					 adjust, settle or expedite proceedings), except that the meetings need not be
					 held before the agency head or a presiding officer, but will be conducted by
					 Commission staff.
(b) Prehearing
					 orders and conferences will be governed by 1 Pa. Code §§
											35.112-35.120 except that a prehearing
					 conference may be conducted before a Commissioner or a person authorized by the
					 Commission to serve as a presiding officer.
(c) Subsection (a) supersedes 1 Pa. Code
					 §
											35.111; subsections (b) and (c)
					 supplement 1 Pa. Code §§
											35.112 -35.120.
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 G - FINDING OF PROBABLE CAUSE AND PREHEARING CONCILIATION › Section 42.76 - Rescission of finding of probable cause

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Commission may rescind a finding of
					 probable cause, if the Commission determines that the finding is no longer
					 appropriate.
(b) If a finding of
					 probable cause is rescinded the case will thereafter proceed as if the finding
					 had not been made, which may result in the case being closed under §
											42.61 (relating to dismissal of
					 complaints). If the case is closed, the parties will be notified under §
											42.61(c), which
					 includes, but is not limited to, the right of the complainant to file a timely
					 request for a preliminary hearing under §
											42.62 (relating to request for a
					 preliminary hearing).
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 I - HEARINGS › Section 42.101 - Hearings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If the unlawful
					 discriminatory practice complained of is not eliminated by conference,
					 conciliation or persuasion, the Commissioners or the Executive Director may
					 approve the convening of a public hearing on the merits of the
					 complaint.
(b) At any other time,
					 the Commissioners may convene a hearing for one or more of the following:
(1) Whenever a problem of racial
					 discrimination arises.
(2) To
					 expedite the disposition of preliminary matters in an action before
					 it.
(3) When, in the judgment of
					 the Commission, the circumstances so warrant.
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 I - HEARINGS › Section 42.102 - Conduct of hearings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In a
					 hearing for which three Commissioners have been appointed to preside under the
					 Fair Educational Opportunities Act or the act, that provision may be waived by
					 the respondent and the complainant, in writing, in which event the hearing may
					 be conducted before less than three members of the Commission acting as hearing
					 commissioners.
(b) Testimony or
					 evidence will not be offered or received at any hearing concerning offers or
					 counteroffers of adjustment during efforts to conciliate an alleged unlawful
					 discriminatory practice.
(c) An
					 objection not made before the hearing commissioners or the permanent hearing
					 examiner will be waived unless the failure or neglect to make the objection is
					 excused for cause by the commissioners or the permanent hearing
					 examiner.
(d) When objections to
					 the admission or exclusion of evidence are made, the grounds relied upon shall
					 be stated briefly. Formal exceptions are unnecessary and will not be taken to
					 rulings thereon.
(e) Prepared
					 expert testimony will be governed by 1 Pa. Code §
											35.166 (relating to prepared
					 expert testimony), except that the period of 20 days provided in 1 Pa. Code
					 §
											35.166(a) will be
					 reduced to 10 days.
(f) Subsection
					 (a) supplements 1 Pa. Code §
											35.123 (relating to conduct of
					 hearings); subsections (b)-(d) supplement 1 Pa. Code §
											35.161 (relating to form and
					 admissibility of evidence); and subsection (e) supersedes 1 Pa. Code §
											35.166 (relating to prepared
					 expert testimony).
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 I - HEARINGS › Section 42.103 - Subpoenas for a hearing upon the merits

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A subpoena issued for a hearing on the
					 merits of a complaint may be requested, issued, served and enforced in the same
					 manner as provided in §§
											42.48-42.50 (relating to issuance of
					 subpoena; service of subpoena; and enforcement of subpoenas), except as
					 modified by §
											41.131(d)
					 (relating to Motions Commissioners and Motions Examiners).
(b) Subsection (a) supersedes subsection (a)
					 of 1 Pa. Code §
											35.142 (relating to
					 subpoenas).
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 I - HEARINGS › Section 42.105 - Failure to appear at hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 If a party fails to appear at the time and place designated for the hearing,
					 proof of notice of the hearing shall be entered on the record.
(b) Upon failure of a party to appear and
					 entry of proof of notice on the record, and except where the hearing panel
					 chairperson or permanent hearing examiner is able to determine that legitimate,
					 unforeseen circumstances exist to justify a continuance, the hearing will
					 proceed without the party.
(c)
					 Subsections (a) and (b) supplement 1 Pa. Code §
											35.124 (relating to
					 appearance).
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 I - HEARINGS › Section 42.106 - Attorney or designated agent of complainant; forms

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The case in support of the complaint
					 shall be presented at a public hearing under section 9(e) of the act
					 (43
					 P. S. §
												959(e)) by a
					 staff counsel or agent of the Commission, by the complainant's attorney or by a
					 designated agent of the complainant.
(b) An attorney or designated agent of
					 complainant, who intends to present the case in support of the complaint at a
					 public hearing under section 9(e) of the act, shall file a Notice of Intent and
					 a Certificate of Authority in the form specified in subsections (d) and
					 (e).
(c) The filing of a Notice of
					 Intent and a Certificate of Authority will relieve the Commission of its duty
					 to provide a staff counsel or agent of the Commission to present the case in
					 support of the complaint. A Notice of Intent and a Certificate of Authority may
					 be withdrawn and new ones substituted at any time. For good cause shown, and
					 where the policies of the act will be effectuated thereby, the Commission may
					 by order allow a Notice of Intent to be withdrawn, without substitution, and
					 the Commission's duty to present the case to be reinstated.
(d) The Notice of Intent shall be in
					 substantially the following form:
(Caption)
NOTICE OF INTENT
Notice is hereby given that A. B., attorney/designated
						agent of complainant, intends to present the case in support of the complaint
						at the public hearing in the above-captioned proceeding, as provided under
						§ 9(e) of the Pennsylvania Human Relations Act.
/s/____________________
Attorney/designated agent
__________________________
Address & Telephone No.
(e) The Certificate of Authority shall be in
					 substantially the following form:
(Caption)
CERTIFICATE OF AUTHORITY
I, C. D., complainant in the above captioned proceeding,
						hereby certify that the above named attorney/designated agent has my express
						authority to present my case at public hearing and that I understand I am
						foregoing my right to be represented at such hearing by an attorney or agent of
						the Human Relations Commission.
I do/do not authorize that Commission staff counsel
						remain involved in this proceeding at public hearing.
/s/_____________
Complainant
This section cited in 16 Pa. Code §
													42.42 (relating to authorization
						  to employ discovery measures); 16 Pa. Code §
													42.107 (relating to supervision of
						  designated agent of complainant; form); and 16 Pa. Code §
													42.108 (relating to continued
						  involvement by Commission staff).
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 I - HEARINGS › Section 42.107 - Supervision of designated agent of complainant; form

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Notwithstanding §
											42.106 (relating to attorney or
					 designated agent of complainant; forms), a designated agent of complainant may
					 not present the case in support of the complaint, at a public hearing under
					 section 9(e) of the act (43 P. S. §
												459(e)), unless that agent
					 is a paralegal under the supervision of a practicing attorney.
(b) A designated agent of complainant, who
					 intends to present the case in support of the complaint at a public hearing
					 under section 9(e) of the act, shall file a Certificate of Supervision, signed
					 by the practicing attorney under whose supervision the designated agent is
					 performing, together with the Notice of Intent and Certificate of Authority
					 under § 42.106.
(c) The
					 Certificate of Supervision shall be in substantially the following form:
(Caption)
CERTIFICATE OF SUPERVISION
I, A. B., hereby certify that I am a practicing attorney,
						and that C. D., designated agent of complainant in the above-captioned
						proceeding, is a paralegal who shall be under my supervision during his/her
						presentation of the case in support of the complaint at public hearing.
/s/___________________________________________
Address & Telephone No.
(d) A practicing attorney, who attests to the
					 supervision of a designated agent of complainant under this section, shall file
					 a Notice of Appearance in the form specified in 1 Pa. Code §
											31.25 (relating to form of notice
					 of appearance).
(e) Subsection (d)
					 supplements 1 Pa. Code §
											31.24 (relating to notice of
					 appearance).
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 I - HEARINGS › Section 42.108 - Continued involvement by Commission staff

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Whenever the complainant files a
					 Certificate of Authority under §
											42.106 (relating to attorney or
					 designated agent of complainant; forms), which allows the Commission staff
					 counsel to remain involved in the proceeding at public hearing, a staff counsel
					 may be assigned to represent the Commonwealth's interest in assuring that the
					 policies and provisions of the act are protected at the public hearing. This
					 involvement will allow the Commission staff counsel to participate in the
					 public hearing process, but will not allow the Commission staff counsel to
					 control the manner in which the complainant's private attorney prepares for or
					 conducts the public hearing on behalf of complainant, or to prevent a voluntary
					 and knowing conciliation by the parties.
(b) Whenever the complainant files a
					 Certificate of Authority, which does not allow the Commission staff counsel to
					 remain involved, the staff counsel may file a request to remain involved. For
					 good cause shown, the Commission may grant the request, and if granted, the
					 Commission staff counsel may remain involved, as provided in subsection
					 (a).
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 J - PRESIDING OFFICERS › Section 42.111 - Powers and duties of hearing commissioners and permanent

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Hearing commissioners, or a permanent
					 hearing examiner designated by the Chairperson under §
											42.101(c)
					 (relating to hearings), has the authority, as follows:
(1) To rule upon motions or objections,
					 except as set forth in paragraph (2).
(2) To recommend in writing to the
					 Commissioners any ruling on any motion or objection which would constitute a
					 final determination of the proceedings, which motion or objection will be ruled
					 upon by the Commissioners.
(3) To
					 consolidate proceedings for hearing if necessary and appropriate to expedite
					 the matter.
(4) To conduct separate
					 hearings of separate issues if necessary and appropriate to expedite the matter
					 or where justice so requires.
(5)
					 To hold appropriate conferences before or during hearings.
(6) To regulate the course of hearings,
					 including the recessing, reconvening and adjournment thereof.
(7) To administer oaths and
					 affirmations.
(8) To rule upon
					 offers of proof and receive evidence.
(9) To require the submission of additional
					 evidence in accordance with 1 Pa. Code §
												35.128 (relating to additional
					 evidence).
(10) To call and examine
					 witnesses.
(11) To issue
					 preliminary rulings, findings, orders or relief as, in the judgment of the
					 hearing commissioners, or the permanent hearing examiner, will expedite the
					 proceedings.
(12) To exclude from
					 the hearing room or from further participation in the hearing any person who
					 engages in improper conduct before them.
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 K - BRIEFS › Section 42.121 - Briefs

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Unless waived
					 by the participants with the consent of the hearing commissioners or the
					 permanent hearing examiner, participants in a public hearing under Subchapter I
					 (relating to hearings) shall have the right to file posthearing briefs. The
					 manner and time of filing will be as directed by the hearing commissioners or
					 examiner, giving regard for the magnitude of the record, the complexity of the
					 issues, and other matters as may be deemed necessary or appropriate.
(b) In all cases heard by a panel of three
					 Commissioners, an original and four conformed copies of all briefs shall be
					 submitted, while in all cases heard by a permanent hearing examiner, an
					 original and two conformed copies shall be submitted.
(c) Subsection (a) supersedes 1 Pa. Code
					 §
											35.191 (relating to proceedings in
					 which briefs are to be filed).
(d)
					 Subsection (a) supplements 1 Pa. Code §§
											35.128 and
					 35.187 (relating to additional
					 evidence; and authority delegated to presiding officers).
This section cited in 16 Pa. Code §
													42.13 (relating to number of
						  copies).
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 L - MOTIONS COMMISSIONERS AND MOTIONS EXAMINERS › Section 42.131 - Motions commissioners and motions examiners

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Commissioners may designate one or
					 more commissioners to act as motions commissioner.
(b) The Commission may designate one or more
					 full-time employes, who also function as permanent hearing examiners, to act as
					 motions examiners.
(c) The motions
					 commissioner or motions examiner designated by the Commissioners have the
					 authority:
(1) To rule upon all motions or
					 objections, except that a ruling on a motion or objection which would
					 constitute a final determination of the proceedings will be ruled upon by the
					 Commissioners.
(2) To issue orders
					 as provided in Subchapter E (relating to discovery during investigation and in
					 preparation for public hearing) and in §
												42.34 (relating to
					 motions).
(3) To authorize a
					 preliminary hearing to expedite or facilitate a ruling on a matter before the
					 motions commissioner or motions examiner, whenever a hearing is deemed
					 necessary or appropriate.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 43 - POSTING OF NOTICES › FAIR EMPLOYMENT PRACTICES NOTICES › Section 43.1 - Nature of notice and posting

Current through Register Vol. 54, No. 28, July 13, 2024
An employer, employment agency and labor organization
						subject to the Pennsylvania Human Relations Act (act) (43 P. S.
						§§
												951-963), shall post and
						maintain at their establishment fair employment practices notices furnished by
						the Human Relations Commission (Commission) indicating the substantive
						provisions of the act, where complaints may be filed and other information that
						Commission deems pertinent.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 43 - POSTING OF NOTICES › FAIR EMPLOYMENT PRACTICES NOTICES › Section 43.2 - Posting by employers and employment agencies

Current through Register Vol. 54, No. 28, July 13, 2024
With respect to employers and employment agencies, the
						notice shall be posted conspicuously in easily-accessible and well-lighted
						places customarily frequented by employes and applicants for employment, and at
						or near each location where the employe services are
						performed.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 43 - POSTING OF NOTICES › FAIR EMPLOYMENT PRACTICES NOTICES › Section 43.3 - Posting by labor organizations

Current through Register Vol. 54, No. 28, July 13, 2024
With respect to labor organizations, the notices shall be
						posted conspicuously in easily-accessible and well-lighted places customarily
						frequented by members and applicants for membership.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 43 - POSTING OF NOTICES › FAIR HOUSING PRACTICES NOTICES › Section 43.11 - Nature of notice and posting

Current through Register Vol. 54, No. 28, July 13, 2024
An owner, lessor, assignor, builder, manager, broker or
						other person subject to the fair housing practices provisions of the
						Pennsylvania Human Relations Act (act) (43 P. S. §§
												951-963), shall post and maintain a fair
						housing practices notice to be prepared by the Human Relations Commission
						(Commission), which shall set forth relevant information which the Commission
						deems necessary to explain and further the purposes of the fair housing
						practices provisions of the act.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 43 - POSTING OF NOTICES › FAIR HOUSING PRACTICES NOTICES › Section 43.12 - Places where notices shall be posted

Current through Register Vol. 54, No. 28, July 13, 2024
The fair housing practices notices shall be posted and
						maintained in a well-lighted and easily accessible place in the office or other
						place of business where negotiations or agreements are customarily made for the
						renting, leasing or purchasing of housing accommodations. In housing
						developments, this notice shall be posted and maintained in a well-lighted and
						easily accessible place in the office or other place of business where
						negotiations or agreements are customarily made for the renting, leasing or
						purchasing of housing accommodations. In housing developments, this notice
						shall be posted in all model or sample homes. In apartment houses, this notice
						shall be posted in all model or sample apartments.
Pennsylvania Code › Title 16 - COMMUNITY AFFAIRS › Part II - Governor's Office › Subpart A - Human Relations Commission › Chapter 43 - POSTING OF NOTICES › FAIR HOUSING PRACTICES NOTICES › Section 43.13 - Giving of notice by title insurance companies

Current through Register Vol. 54, No. 28, July 13, 2024
A title insurance company handling transactions
						pertaining to realty within this Commonwealth shall attach to the title report
						or settlement certificate issued in all cases handled by it a notice in writing
						substantially as follows:
Your attention is directed to the provisions of the
						Pennsylvania Human Relations Act, (Act of Oct. 27, 1955, as amended
						(43
						P. S. §
												951 et seq.)) prohibiting
						discrimination because of race, color, religious creed, ancestry or national
						origin in the selling, leasing or financing of commercial housing. The said law
						pertains to all housing accommodations except (1) those situated in a single or
						two unit building in which one of the units is occupied by the owner thereof,
						and (2) those owned by religious, charitable, educational, private and
						fraternal organizations to promote the religious principles or the aims,
						purposes or fraternal principles for which such organizations were established.
						This notice does not in any way constitute an objection or defect in the title
						of the premises being conveyed, but is being given in accordance with 16 Pa.
						Code §
											43.13 (relating to giving of
						notice by title insurance companies) adopted by the Pennsylvania Human
						Relations Commission.