Pennsylvania Code › Title 43 - MILITARY AFFAIRS › Part I - Department of Military Affairs › Chapter 7 - STATE VETERANS' HOME › Section 7.12 - Discipline and discharge

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Order and discipline required.
The Commandant is responsible
				for the maintenance of good order and discipline among the residents of a State
				Veterans Home. A resident whose conduct does not comport with the requirements
				for an orderly and disciplined home may be subject to disciplinary action, up
				to and including discharge from the home. Residence in a State Veterans Home is
				voluntary, and a resident subject to discipline under this section may elect to
				request voluntary discharge in lieu of compliance or appeal from the
				disciplinary action.
(b)
Admonitions and reprimands.
When a record of an admonition or
				reprimand is filed in a resident's file, the resident shall be given the
				opportunity to file a response to the admonition or reprimand setting forth
				matters in disagreement, extenuation or mitigation. The resident's response
				shall be filed with the record of the admonition or reprimand. Admonitions or
				reprimands are not adjudications and are not subject to appeal under §
				7.10 (relating to appeals).
(c)
Disciplinary actions.
Disciplinary actions include withdrawal
				of privileges to participate in recreation and social activities and
				restrictions to the grounds of the home. When the Commandant decides to impose
				discipline on a resident, the Commandant will notify the resident in writing of
				the proposed action and the reasons for the proposed action. If a resident on
				whom a disciplinary action is imposed under this section desires an
				administrative hearing on the proposed action, the resident shall request a
				hearing within 24 hours after receipt of the notification. The Commandant, or,
				if he is unavailable to conduct the hearing because of absence or because he
				was a witness to the conduct that gave rise to the proposed discipline, a
				person designated by the Director of the Bureau for Veterans Affairs, will act
				as the presiding officer for hearings on disciplinary actions and conduct
				hearings under 1 Pa. Code Part II (relating to general rules of administrative
				practice and procedure). The Commandant or other presiding officer will prepare
				and serve a proposed report, and the resident may, within 5 days after issuance
				of the proposed report, appeal to the Adjutant General by filing exceptions and
				briefs in the manner provided by 1 Pa. Code Part II. The Adjutant General shall
				enter a final order for the Department.
(d)
Discharges.
(1) When the Commandant proposes to discharge
				a resident of a veterans home under §
										7.11 (relating to grounds for
				discharge), he will prepare and serve upon the resident an order to show cause
				setting forth the grounds for the proposed action. The order to show cause
				shall direct the resident to file a written answer to the order within 5 days
				with the Director of the Bureau for Veterans Affairs.
(2) The answer to the order to show cause
				shall, in addition to the information required by 1 Pa. Code §
										35.37 (relating to answers to
				orders to show cause) indicate whether the resident requires or waives a
				hearing. If no answer to the order to show cause is filed or no matters are
				raised requiring a hearing or further proceedings, the Director of the Bureau
				for Veterans Affairs may forward the case to the Adjutant General for entry of
				a final order without hearing.
(3)
				If a hearing is to be conducted, the Adjutant General will either appoint a
				hearing officer or request the Chairman of the State Veterans Commission to
				appoint a hearing panel to conduct the hearing. If a hearing officer is
				appointed, he will not be employed in the veterans home from which the case
				arose. The hearing officer or hearing panel has the powers and duties of
				presiding officials and shall conduct the hearing and prepare a proposed report
				under 1 Pa. Code Part II. Copies of the proposed report will be served on the
				resident and the Commandant and either may appeal to the Adjutant General by
				filing exceptions to the proposed report in the manner provided by 1 Pa. Code
				Part II within 10 days after service. The Adjutant General will enter the final
				order for the Department.