reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 603a - EMPLOYEES IN THE CLASSIFIED SERVICE › Subchapter B - EMPLOYEE PERFORMANCE EVALUTIONS › Section 603a.16 - Review of performance evaluations

Current through Register Vol. 54, No. 28, July 13, 2024
An appointing authority shall provide the employee with
						the results of the performance evaluation as soon as practicable after the
						evaluation is completed. The employee will be given an opportunity to review
						the performance evaluation with the rater and the reviewing officer. The
						appointing authority shall inform the employee of the standards used in
						determining the evaluation.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 603a - EMPLOYEES IN THE CLASSIFIED SERVICE › Subchapter B - EMPLOYEE PERFORMANCE EVALUTIONS › Section 603a.17 - Use of performance evaluations

Current through Register Vol. 54, No. 28, July 13, 2024
Performance evaluations may be utilized for purposes of
						determining eligibility for promotion, to assist in establishing priority for
						promotion, or for determining order of furlough as provided in this
						subpart.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 603a - EMPLOYEES IN THE CLASSIFIED SERVICE › Subchapter C - MOVEMENT OF EMPLOYEES BY APPOINTING AUTHORITIES › Section 603a.18 - Reassignment by appointing authority

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Generally.
An appointing
					 authority may reassign an employee from one position to another in the same job
					 classification or in a similar job classification for which the employee
					 qualifies.
(b)
Similar job
					 classification.
Whether a job classification constitutes a similar job
					 classification for purposes of subsection (a) will be determined by the Office
					 of Administration on a case by case basis. In determining whether job
					 classifications are similar, the Office of Administration will consider whether
					 the job classifications have the same maximum hourly salary rate in the
					 compensation plan, and whether the job classifications require comparable
					 minimum qualifications.
(c)
Disapproval.
The Office of Administration may disapprove a
					 reassignment that is not in compliance with the act and this subpart, or that
					 otherwise violates merit principles.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 603a - EMPLOYEES IN THE CLASSIFIED SERVICE › Subchapter C - MOVEMENT OF EMPLOYEES BY APPOINTING AUTHORITIES › Section 603a.19 - Transfer by appointing authority

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Generally.
Upon agreement between appointing authorities, an
					 appointing authority may transfer an employee from one position to another
					 position in the same job classification within a different appointing
					 authority.
(b)
Initiation
					 of transfer.
A transfer shall be initiated by the appointing authority
					 having jurisdiction over the position to which the transfer is sought and must
					 be approved by the Office of Administration.
(c)
Disapproval.
The Office
					 of Administration may disapprove a transfer that is not in compliance with the
					 act and this subpart, or that otherwise violates merit principles.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 603a - EMPLOYEES IN THE CLASSIFIED SERVICE › Subchapter C - MOVEMENT OF EMPLOYEES BY APPOINTING AUTHORITIES › Section 603a.20 - Involuntary demotions

Current through Register Vol. 54, No. 28, July 13, 2024
An appointing authority may demote an employee who does
						not satisfactorily perform the duties of the position that they currently hold
						to a position in any job classification that the employee previously had the
						status of a regular employee or to any position for which the employee is
						qualified.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 603a - EMPLOYEES IN THE CLASSIFIED SERVICE › Subchapter C - MOVEMENT OF EMPLOYEES BY APPOINTING AUTHORITIES › Section 603a.21 - Status after involuntary movement

Current through Register Vol. 54, No. 28, July 13, 2024
The corresponding provisions of §
											§
											603a.1-603a.12 shall apply to appointments
						made in accordance with this subchapter.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 603a - EMPLOYEES IN THE CLASSIFIED SERVICE › Subchapter D - RECLASSIFICATIONS BY THE OFFICE OF ADMINISTRATION › Section 603a.22 - Reclassifications

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Reclassifications required.
When an employee's job duties
					 change or the Board changes a job classification and a reallocation of the
					 position becomes necessary, the employee shall be reclassified to the new job
					 classification if the employee meets the established requirements. If the
					 reclassification is to a lower-level job classification, it will not be
					 construed as a demotion and the reclassified employee shall be credited with
					 seniority acquired in the higher-level job classification.
(b)
Request for classification
					 review.
When an appointing authority believes that a reclassification
					 is necessary, the appointing authority shall submit a written request for a
					 classification review to the Office of Administration, which shall include
					 justification as to why reclassification of the position is
					 necessary.
(c)
Approval.
The Office of Administration will approve requests
					 for reclassification in accordance with the act and this subchapter.
(d)
Denial.
The Office of
					 Administration may deny an appointing authority's request for reclassification
					 if it appears the request is designed to circumvent merit system principles as
					 set forth in the act and this subpart, or is otherwise unnecessary.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 603a - EMPLOYEES IN THE CLASSIFIED SERVICE › Subchapter D - RECLASSIFICATIONS BY THE OFFICE OF ADMINISTRATION › Section 603a.23 - Effect of reclassification on status

Current through Register Vol. 54, No. 28, July 13, 2024
An employee reclassified laterally or to a lower-level
						job classification under this subchapter shall retain their current
						status.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 603a - EMPLOYEES IN THE CLASSIFIED SERVICE › Subchapter E - COMPENSATION › Section 603a.24 - Effect of change in compensation schedules

Current through Register Vol. 54, No. 28, July 13, 2024
Revisions to the established schedule of compensation for
						a job classification, with no significant change in job specifications as
						determined by the Office of Administration, will have no effect upon the status
						and seniority of employees. Changes in compensation may not be construed as
						promotions or demotions.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 604a - SEPARATION OF EMPLOYEES FROM THE CLASSIFIED SERVICE › Subchapter A - LEAVES OF ABSENCE › Section 604a.2 - Leaves of absence for military duty

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Generally.
An appointing
					 authority shall grant a leave of absence to an employee for military
					 duty.
(b)
Request.
An employee seeking a leave of absence for military duty shall submit a written
					 request for a leave of absence for military duty to the appointing authority as
					 soon as possible prior to the military duty commencing or as soon as possible
					 after the military duty begins. An employee shall include with their written
					 request all documents necessary to establish that the employee is, or will be,
					 on military duty during the relevant period of time.
(c)
Duration.
The duration
					 of the leave of absence shall coincide with the duration of the employee's
					 military duty and any delayed return to work as prescribed by the Uniformed
					 Services Employment and Reemployment Rights Act, as amended (38 U.S.C. §
												§
												4301-4335).
(d)
Right of return.
An
					 employee on a leave of absence for military duty shall have a guaranteed right
					 of return in accordance with the act, this subpart, and the Uniformed Services
					 Employment and Reemployment Rights Act, as amended.
This section cited in 4 Pa. Code §
													604a.3 (relating to vacancies due
						  to leaves of absence for military
						  duty).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 604a - SEPARATION OF EMPLOYEES FROM THE CLASSIFIED SERVICE › Subchapter A - LEAVES OF ABSENCE › Section 604a.3 - Vacancies due to leaves of absence for military duty

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Vacancies filled.
When
					 an employee in the classified service is granted a leave of absence for
					 military duty, the position vacated shall be left vacant or otherwise filled by
					 a substitute employee, provided the position vacated is a permanent
					 position.
(b)
Return of
					 incumbent.
Upon return of the incumbent under §
											604a.2(d)
					 (relating to leaves of absence for military duty), the substitute employee
					 shall be required to vacate the position.
(1)
					 Substitute employees who held regular status or probationary status in a job
					 classification immediately prior to accepting the substitute appointment or
					 substitute promotion shall have the right to return to their previously held
					 position and status.
(2) A
					 substitute employee who did not hold regular status or probationary status in a
					 job classification immediately prior to accepting the substitute appointment
					 shall be separated.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 604a - SEPARATION OF EMPLOYEES FROM THE CLASSIFIED SERVICE › Subchapter A - LEAVES OF ABSENCE › Section 604a.4 - Leave of absence for Senior Management Service employment

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Generally.
An employee who accepts a Senior Management Service
					 position shall be granted a leave of absence upon starting employment in the
					 Senior Management Service position.
(b)
Duration.
The duration
					 of leave of absence shall coincide with the duration of the employee's
					 employment in the Senior Management Service.
(c)
Return.
Upon leaving
					 employment in a Senior Management Service position, the employee shall have the
					 right to return to a position at the same pay scale group as the last
					 classified service position held prior to employment in the Senior Management
					 Service position, at the same status held, and in the same appointing authority
					 in which the Senior Management Service position was located. If a position does
					 not exist at the time the employee leaves the Senior Management Service
					 position, the appointing authority shall create such a position and place the
					 employee in it.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 604a - SEPARATION OF EMPLOYEES FROM THE CLASSIFIED SERVICE › Subchapter B - FURLOUGH › Section 604a.5 - Furlough

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Reasons.
Furloughs shall occur only because of a lack of funds
					 or a lack of work.
(b)
Furlough units.
Furloughs will be conducted within approved
					 furlough units. For purposes of this section, a furlough unit shall be defined
					 as all employees in the job classification within an affected institution,
					 division, office, bureau or a combination of the institutions, divisions,
					 offices, or bureaus within an appointing authority. Each appointing authority
					 will submit recommended furlough units to the Office of Administration. Once
					 approved by the Office of Administration, the furlough units will be used for
					 subsequent furloughs. Changes to approved furlough units shall be submitted to
					 and approved by the Office of Administration prior to use in subsequent
					 furloughs.
(c)
Provisional
					 employees, temporary employees and emergency employees.
An appointing
					 authority shall remove all emergency employees, temporary employees and
					 provisional employees within the designated furlough unit before furloughing a
					 probationary employee or regular employee in the designated furlough
					 unit.
(d)
Order of
					 furlough.
Furloughs shall occur in the following order:
(1)
Probationary employees.
An appointing authority will not furlough a regular employee while a
					 probationary employee is employed in the designated furlough unit. An
					 appointing authority shall furlough probationary employees in the inverse order
					 of seniority. Seniority for this purpose shall be the length of continuous
					 service in the classified service if there has been no break in
					 service.
(2)
Regular
					 employees.
When it is necessary to furlough regular employees in a
					 designated furlough unit, the last annual or probationary performance
					 evaluations, as applicable, of the regular employees in the furlough shall be
					 converted to categories or relative ranks. The regular employees will be placed
					 into quarters, and those in the lowest quarter will be furloughed or returned
					 under subsection (e), in the inverse order of seniority. Seniority for this
					 purpose shall be the length of continuous service in the classified service if
					 there has been no break in service.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 604a - SEPARATION OF EMPLOYEES FROM THE CLASSIFIED SERVICE › Subchapter C - REMOVAL AND SUSPENSION › Section 604a.6 - Removal

Current through Register Vol. 54, No. 28, July 13, 2024
Just cause for removal of a regular employee must be
						based on at least one merit-related reason.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 604a - SEPARATION OF EMPLOYEES FROM THE CLASSIFIED SERVICE › Subchapter C - REMOVAL AND SUSPENSION › Section 604a.7 - Suspension

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Generally.
An appointing authority may suspend an employee for
					 good cause, which shall be based on at least one merit-related
					 reason.
(b)
Suspension
					 pending investigation.
An appointing authority may, for the purpose of
					 ascertaining an employee's fitness for continued employment, suspend an
					 employee pending the outcome of an internal or external investigation.
(1) When an investigation has not revealed
					 cause for disciplinary action, the suspension shall be retracted and expunged
					 from all records, and the employee shall receive back pay for the full period
					 of suspension.
(2) When an
					 investigation has revealed cause for disciplinary action, the suspension shall
					 be converted, either in whole or in part, to a disciplinary
					 action.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 604a - SEPARATION OF EMPLOYEES FROM THE CLASSIFIED SERVICE › Subchapter D - RESIGNATION › Section 604a.8 - Notice of resignation

Current through Register Vol. 54, No. 28, July 13, 2024
Notice of resignation shall consist of a voluntary
						termination of employment evidenced by an affirmative statement, either written
						or oral, of the employee's intent to resign.
This section cited in 4 Pa. Code §
													606a.2 (relating to notice of
						  personnel actions).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 604a - SEPARATION OF EMPLOYEES FROM THE CLASSIFIED SERVICE › Subchapter D - RESIGNATION › Section 604a.9 - Effective date of resignation

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 When an employee gives notice of the effective date of resignation, the
					 resignation shall take effect on the specified date.
(b) When an employee does not specify an
					 effective date of resignation, the resignation shall take effect
					 immediately.
(c) A resignation
					 submitted during or at the termination of a leave of absence shall be effective
					 on the date submitted.
This section cited in 4 Pa. Code §
													606a.2 (relating to notice of
						  personnel actions).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 604a - SEPARATION OF EMPLOYEES FROM THE CLASSIFIED SERVICE › Subchapter D - RESIGNATION › Section 604a.10 - Acceptance or rejection of resignation

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Response to notice of
					 resignation.
An appointing authority shall respond to an employee's
					 notice of resignation, in writing, within 15 calendar days after the appointing
					 authority's receipt of the notice of resignation. The appointing authority's
					 response shall state whether the employee's resignation is accepted or rejected
					 by the appointing authority. An appointing authority may not reject a
					 resignation unless the employee is being investigated or removal action is
					 pending.
(b)
Removal after
					 notice of resignation.
The acceptance of a resignation will not bar an
					 appointing authority from thereafter removing an employee for causes that occur
					 or become known during the period between the acceptance and the effective date
					 of the resignation.
(c)
Withdrawal of resignation.
An employee's resignation may not
					 be withdrawn without the written consent of the appointing authority once the
					 resignation has been accepted by the appointing authority. A resignation that
					 has not been accepted by the appointing authority may be withdrawn by the
					 employee at any time prior to acceptance or the effective date.
(d)
Rescission of acceptance after
					 resignation.
Upon notice to the former employee, an appointing
					 authority may rescind its acceptance of a resignation after the effective date
					 for just cause and convert the resignation to a removal.
This section cited in 4 Pa. Code §
													606a.2 (relating to notice of
						  personnel actions).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 604a - SEPARATION OF EMPLOYEES FROM THE CLASSIFIED SERVICE › Subchapter E - SENIORITY › Section 604a.11 - Break in service

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Generally.
For purposes of seniority, the following shall
					 constitute a break in service:
(1) Removal for
					 just cause.
(2)
					 Resignation.
(3)
					 Retirement.
(4) Failure to accept
					 an offer to return after furlough under
					 71 Pa.C.S. §
													2602(b)(1) (relating to
					 furlough) and this subpart.
(5)
					 Failure to accept an offer to return after a leave of absence under
					 71 Pa.C.S. §
													2608(b) (relating to leave
					 of absence) and this subpart.
(6)
					 Expiration of mandatory, preferred or optional reemployment rights.
(7) Failure to report after a leave of
					 absence.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 605a - ENFORCEMENT OF ACT; PROHIBITIONS AND PENALTIES › Subchapter A - OFFICE OF ADMINISTRATION REVIEW OF LEGALITY OF EMPLOYMENT ACTIONS › Section 605a.1 - Reporting

Current through Register Vol. 54, No. 28, July 13, 2024
Each appointing authority shall promptly report to the
						Office of Administration an appointment, promotion, or change in position or
						job classification of an employee in the classified service in its employ; or
						any other additional information related to an employee in the classified
						service in its employ requested by the Office of
						Administration.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 605a - ENFORCEMENT OF ACT; PROHIBITIONS AND PENALTIES › Subchapter A - OFFICE OF ADMINISTRATION REVIEW OF LEGALITY OF EMPLOYMENT ACTIONS › Section 605a.2 - Review of personnel actions

Current through Register Vol. 54, No. 28, July 13, 2024
Whenever the Office of Administration determines that a
						personnel action is not in accordance with the act and this subpart, the Office
						of Administration will notify the appointing authority in writing, including
						the reasons for the determination and the required corrective
						action.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 605a - ENFORCEMENT OF ACT; PROHIBITIONS AND PENALTIES › Subchapter B - PROHIBITION ON POLITICAL ACTIVITY › Section 605a.3 - Scope of prohibition

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 provisions of
					 71 Pa.C.S. §
												2705
					 (relating to political activity) shall not apply to employees who are on
					 furlough, who are on a leave of absence, or who are on a leave covered under
					 the State Employees' Retirement Code in
					 71 Pa.C.S. §
												5302(b) (relating to
					 credited State service).
(1) An employee who
					 is elected to and assumes public office while on a leave of absence or a leave
					 covered under the State Employees' Retirement Code in
					 71 Pa.C.S. §
													5302(b) shall, upon
					 returning to employment in the classified service, resign from the elective
					 public office and otherwise comply with the provisions of
					 71 Pa.C.S. §
													2705.
(2) An employee who is elected to and assumes
					 public office while on furlough may serve out the remaining portion of the
					 present term of office, provided the duties of the elective public office do
					 not present a conflict of interest with the duties of the employee's position
					 in the classified service, and the employee does not otherwise engage in
					 activity prohibited by
					 71 Pa.C.S. §
													2705.
					 The employee may not seek and accept appointment, nomination, and election for
					 a new term in office.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 606a - PERSONNEL ACTIONS › Section 606a.1 - Personnel actions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When used
				  in the act or this subpart, the term personnel action shall be limited to the
				  following:
(1) Appointment.
(2) Promotion.
(3) Removal, including the removal of a
				  probationary employee before the expiration of the probationary
				  period.
(4) Suspension.
(5) Acceptance of resignation.
(6) Demotion.
(7) Furlough.
(8) Transfer.
(9) Reassignment.
(10) Leave of absence.
(11) Extension or reduction of probationary
				  period.
(12) Compensation changes,
				  except salary increments, general pay increases, or special pay for such things
				  as overtime or out-of-class work.
(13) Performance evaluation.
(14) Reclassification.
(15) Return to a position or job
				  classification held prior to promotion.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 606a - PERSONNEL ACTIONS › Section 606a.2 - Notice of personnel actions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Required.
An appointing authority shall provide written notice
				  of a personnel action to the affected employee.
(b)
Content.
A written
				  notice of a removal, furlough, involuntary demotion or suspension issued to a
				  regular employee shall include a clear statement of the reason(s) for the
				  personnel action, sufficient to apprise the employee of the grounds upon which
				  the personnel action is based. A written notice of a removal, furlough,
				  involuntary demotion or suspension shall provide information on the employee's
				  right to appeal the personnel action to the State Civil Service
				  Commission.
(c)
Effective
				  date of personnel action.
Unless otherwise required by the Office of
				  Administration or stated in the notice by the appointing authority, the
				  personnel action will take effect immediately upon the provision of notice to
				  the employee by the appointing authority.
(d)
Simultaneous copy.
When
				  the appointing authority notifies an employee of a furlough or a suspension, it
				  shall simultaneously submit a copy of the notice to the Office of
				  Administration. Copies of other notices of personnel actions shall be provided
				  to the Office of Administration upon request.
(e)
Mandatory requirements.
Except as provided in subsection (f), the requirements in this section are
				  mandatory. Failure to adhere to the notice requirements set forth in this
				  section may nullify the personnel action.
(f)
Acceptance of
				  resignation.
The requirements of this section do not apply to an
				  appointing authority's acceptance of an employee's resignation, which are
				  governed by §§
										604a.8-604a.10 (relating to notice of
				  resignation; effective date of resignation; and acceptance or rejection of
				  resignation).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 606a - PERSONNEL ACTIONS › Section 606a.3 - Signatory authority

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Generally.
A notice of personnel action shall be signed by the
				  head of the appointing authority or an authorized designee.
(b)
Authorized designee.
An
				  authorized designee of the head of an appointing authority includes a deputy
				  secretary, a bureau director, an office director, a superintendent, a deputy
				  superintendent or an equivalent position employed by the appointing authority;
				  a human resources director or an equivalent position supporting the appointing
				  authority; or an individual who is delegated signatory authority on behalf of
				  the head of the appointing authority in the manner prescribed by the Office of
				  Administration. For purposes of performance evaluations, an employee's
				  immediate supervisor shall be deemed the authorized designee of the head of the
				  appointing authority without the need for delegation of signatory
				  authority.
(c)
No further
				  delegation.
An authorized designee of the head of an appointing
				  authority may not further delegate signatory authority.
(d)
Rebuttable presumption.
A notice of personnel action bearing the signature of the head of the
				  appointing authority, or an authorized designee, shall create a rebuttable
				  presumption that the head of the appointing authority or the authorized
				  designee signed the notice and had the proper authority to issue the
				  notice.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 607a - PRACTICE AND PROCEEDINGS BEFORE THE OFFICE OF ADMINISTRATION › Subchapter A - GENERAL PROVISIONS › Section 607a.1 - Applicability of General Rules of Administrative Practice and Procedure

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter is intended to supersede 1 Pa. Code Part II
						(relating to General Rules of Administrative Practice and Procedure). The
						General Rules of Administrative Practice and Procedure are not applicable to
						activities of and proceedings before the Office of
						Administration.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 607a - PRACTICE AND PROCEEDINGS BEFORE THE OFFICE OF ADMINISTRATION › Subchapter A - GENERAL PROVISIONS › Section 607a.2 - Public access

Current through Register Vol. 54, No. 28, July 13, 2024
Hearings scheduled by the Office of Administration under
						its authority under the act shall be open to the public. Notices of public
						hearing shall be published by the Office of Administration on its publicly
						accessible web site.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 607a - PRACTICE AND PROCEEDINGS BEFORE THE OFFICE OF ADMINISTRATION › Subchapter A - GENERAL PROVISIONS › Section 607a.3 - Presiding officer

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Hearings
					 scheduled by the Office of Administration under its authority under the act
					 shall be conducted by a presiding officer designated, in writing, by the
					 Secretary of Administration.
(b)
					 Subsection (a) supersedes 1 Pa. Code §
											35.185 (relating to designation of
					 presiding officers).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 607a - PRACTICE AND PROCEEDINGS BEFORE THE OFFICE OF ADMINISTRATION › Subchapter A - GENERAL PROVISIONS › Section 607a.4 - Computation of time

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When any period
					 of time is referred to in this chapter, such period in all cases shall be so
					 computed as to exclude the first and include the last day of such period.
					 Whenever the last day of any period shall fall on Saturday, Sunday or a legal
					 holiday under the laws of this Commonwealth or the United States, the day shall
					 be omitted from the computation.
(b) Subsection (a) supersedes 1 Pa. Code
					 §
											31.12 (relating to computation of
					 time).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 607a - PRACTICE AND PROCEEDINGS BEFORE THE OFFICE OF ADMINISTRATION › Subchapter A - GENERAL PROVISIONS › Section 607a.5 - Filings with Docket Clerk

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Generally.
When a document is required to be filed with the
					 Docket Clerk, the filing shall occur within the applicable time limits, if any,
					 by first class mail or electronic mail. The Office of Administration shall
					 indicate the mailing address and electronic mail address of the Docket Clerk on
					 its publicly accessible web site.
(b)
Mail.
When a document is
					 filed with the Docket Clerk by first class mail, the date of mailing, as
					 evidenced by the United States Postal Service postmark on the envelope
					 containing the filing, a United States Postal Service Form 3817 (Certificate of
					 Mailing), or another similar United States Postal Service form from which the
					 date of deposit with the United States Postal Service can be determined, shall
					 be deemed the date of filing.
(c)
Electronic mail.
When a document is filed with the Docket
					 Clerk by electronic mail, the date of receipt recorded by the Docket Clerk's
					 electronic mail system shall be deemed the date of filing. A party filing a
					 document by electronic mail is responsible for any delay, disruption,
					 interruption of electronic signals, and readability of the document and accepts
					 the risk that the document may not be properly or timely filed.
(d)
Supersession.
Subsections (a)-(c) supersede 1 Pa. Code §
											§
											31.5(a),
					 31.11 and
					 33.34 (relating to communications
					 and filings generally; timely filing required; and date of service).
This section cited in 4 Pa. Code §
													607a.6 (relating to order to show
						  cause); 4 Pa. Code §
													607a.7 (relating to answer to order
						  to show cause); 4 Pa. Code §
													607a.19 (relating to post-hearing
						  brief); 4 Pa. Code §
													607a.21 (relating to exceptions);
						  and 4 Pa. Code §
													607a.22 (relating to brief opposing
						  exceptions).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 607a - PRACTICE AND PROCEEDINGS BEFORE THE OFFICE OF ADMINISTRATION › Subchapter B - HEARINGS UNDER SECTION 2202(A)(10) OF THE ACT › Section 607a.6 - Order to show cause

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Generally.
The Office of Administration shall commence a
					 proceeding under
					 71 Pa.C.S. §
												2202(a)(10) (relating to
					 duties of Office of Administration) through the filing of a verified order to
					 show cause with the Docket Clerk. The individual against whom the order to show
					 cause is filed shall be deemed the respondent.
(b)
Content.
An order to
					 show cause must set forth with specificity the grounds for the proceeding,
					 including a concise statement of the relevant factual allegations, matters of
					 law and a request for relief.
(c)
Entry of Appearance.
An order to show cause filed under this
					 section shall be accompanied by an entry of appearance for the attorneys and
					 legal interns representing the Office of Administration in the
					 proceeding.
(d)
Service.
On the date of filing, the Office of Administration
					 shall simultaneously serve a copy of the order to show cause on the respondent
					 by first class mail. The date of mailing shall be deemed the date of service
					 and shall be determined in the manner set forth in §
											607a.5(b)
					 (relating to filings with Docket Clerk). The Office of Administration shall
					 include with its order to show cause a certificate of service indicating proper
					 service on the respondent.
(e)
Supersession.
Subsections (a), (b) and (d) supersede 1 Pa.
					 Code §
											§
											33.31,
					 35.14 and
					 35.121 (relating to service by
					 agency; orders to show cause; and initiation of hearings). Subsection (c)
					 supersedes 1 Pa. Code §
											31.24(b) (relating
					 to notice of appearance).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 607a - PRACTICE AND PROCEEDINGS BEFORE THE OFFICE OF ADMINISTRATION › Subchapter B - HEARINGS UNDER SECTION 2202(A)(10) OF THE ACT › Section 607a.7 - Answer to order to show cause

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Generally.
A respondent shall file with the Docket Clerk an
					 answer to the order to show cause within 20 days of the date of service
					 indicated on the certificate of service accompanying the order to show
					 cause.
(b)
Content.
An answer shall specifically admit or deny the
					 allegations presented in the order to show cause, set forth the facts upon
					 which the respondent relies, and state concisely the relevant matters of law.
					 General denials of the allegations contained in the order to show cause will
					 not be considered as complying with this section and may be deemed a basis for
					 entry of a proposed decision and order without a hearing, unless otherwise
					 required by the act, on the ground that the response has raised no issues
					 requiring a hearing or further proceedings.
(c)
Service.
On the date of
					 filing, a respondent shall simultaneously serve a copy of the answer on the
					 Office of Administration's legal counsel by first class mail at the mailing
					 address indicated in the order to show cause, unless the Office of
					 Administration agrees to accept service by electronic mail. A respondent shall
					 include with their answer a certificate of service indicating proper service on
					 the Office of Administration.
(1) When an
					 answer is served by first class mail, the date of mailing shall be deemed the
					 date of service and shall be determined in the manner set forth in §
												607a.5(b)
					 (relating to filings with Docket Clerk).
(2) When an answer is served by electronic
					 mail, the date of receipt recorded by the Office of Administration's electronic
					 mail system shall be deemed the date of service. A party filing a document by
					 electronic mail is responsible for any delay, disruption, interruption of
					 electronic signals, and readability of the document and accepts the risk that
					 the document may not be properly or timely filed.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 607a - PRACTICE AND PROCEEDINGS BEFORE THE OFFICE OF ADMINISTRATION › Subchapter B - HEARINGS UNDER SECTION 2202(A)(10) OF THE ACT › Section 607a.8 - Representation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A respondent
					 appearing before the Office of Administration may do so on their own behalf or
					 may be represented by an attorney licensed to practice law in this Commonwealth
					 or a legal intern certified by the Supreme Court of Pennsylvania. An appointing
					 authority shall be represented by an attorney licensed to practice law in this
					 Commonwealth or a legal intern certified by the Supreme Court of Pennsylvania.
					 Attorneys and legal interns shall file with the Docket Clerk an entry of
					 appearance with the Office of Administration.
(b) Subsection (a) supersedes 1 Pa. Code
					 §
											§
											31.21,
					 31.22, 31.23 and 31.24.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 607a - PRACTICE AND PROCEEDINGS BEFORE THE OFFICE OF ADMINISTRATION › Subchapter B - HEARINGS UNDER SECTION 2202(A)(10) OF THE ACT › Section 607a.9 - Consolidation of proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 Office of Administration may consolidate two or more proceedings at its
					 discretion where the proceedings involve a common question of law or fact,
					 provided that consolidation does not prejudice any party thereto.
(b) Subsection (a) supersedes 1 Pa. Code
					 §
											§
											35.45 and
					 35.122 (relating to consolidation;
					 and consolidation of formal proceedings).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 607a - PRACTICE AND PROCEEDINGS BEFORE THE OFFICE OF ADMINISTRATION › Subchapter B - HEARINGS UNDER SECTION 2202(A)(10) OF THE ACT › Section 607a.10 - Severance of proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
The Office of Administration may sever two or more
						proceedings at its discretion where the proceedings lack a common question of
						law or fact, provided that severance does not prejudice any party
						thereto.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 607a - PRACTICE AND PROCEEDINGS BEFORE THE OFFICE OF ADMINISTRATION › Subchapter B - HEARINGS UNDER SECTION 2202(A)(10) OF THE ACT › Section 607a.11 - Notice of hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Office
					 of Administration shall provide the parties advance notice of a scheduled
					 hearing. The notice will contain a statement of the matters to be addressed at
					 the hearing, as well as specific instructions regarding the date, time and
					 place of hearing.
(b) Subsection
					 (a) supersedes 1 Pa. Code §
											35.121 (relating to initiation of
					 hearings).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 607a - PRACTICE AND PROCEEDINGS BEFORE THE OFFICE OF ADMINISTRATION › Subchapter B - HEARINGS UNDER SECTION 2202(A)(10) OF THE ACT › Section 607a.12 - Continuances

Current through Register Vol. 54, No. 28, July 13, 2024
The presiding officer may, upon a showing of good cause,
						grant a request for a continuance of a scheduled hearing. The requests shall be
						submitted as far in advance of the scheduled hearing date as possible, be made
						in writing, and must state the specific reason(s) for the continuance request.
						A copy of a request for a continuance shall be simultaneously served on the
						non-requesting party.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 607a - PRACTICE AND PROCEEDINGS BEFORE THE OFFICE OF ADMINISTRATION › Subchapter B - HEARINGS UNDER SECTION 2202(A)(10) OF THE ACT › Section 607a.13 - Subpoenas

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Procedure for requesting subpoena.
(1) A subpoena for the attendance of
					 witnesses or for the production of documents will be issued only upon written
					 application to the presiding officer, with a copy to the non-requesting party.
					 Notwithstanding the forgoing, the presiding officer may, by their own motion,
					 issue a subpoena for the attendance of witnesses or the production of
					 documents.
(2) A written
					 application shall specify the relevance of the testimony or documentary
					 evidence sought. For documentary evidence, the request must specify, to the
					 extent possible, the documents desired and the facts to be proved
					 thereby.
(3) A subpoena for new or
					 additional witnesses will not be issued after a hearing has been started and
					 continued unless orally requested on the record at the hearing and approved by
					 the presiding officer; except that subpoenas issued prior to the start and
					 continuance of the hearing may be reissued upon written request.
(4) Failure to adhere to the requirements of
					 this subsection may result in the refusal to issue the requested
					 subpoena.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 607a - PRACTICE AND PROCEEDINGS BEFORE THE OFFICE OF ADMINISTRATION › Subchapter B - HEARINGS UNDER SECTION 2202(A)(10) OF THE ACT › Section 607a.14 - Authority of presiding officer

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 A presiding officer has the discretionary authority to do the following:
(1) Determine the burdens of proof and
					 production, if necessary, and determine the order of procedure.
(2) Regulate the conduct of hearings,
					 including the scheduling, recessing, reconvening and adjournment, and to do
					 acts and take measures necessary or proper for the efficient conduct of
					 hearings.
(3) Administer oaths and
					 affirmations.
(4) Receive
					 evidence.
(5) Rule upon offers of
					 proof and evidentiary objections.
(6) Hold appropriate conferences before or
					 during hearings and order the parties to submit memoranda in advance of the
					 conference.
(7) Dispose of
					 procedural requests, including discovery or similar matters.
(8) Specify the manner in which pleadings are
					 to be submitted to the presiding officer, including the format and contents of
					 these documents.
(9) Require that
					 the parties, prior to the hearing, submit witness lists or lists of documents,
					 or both, to be presented at the hearing.
(10) Take other actions as necessary and
					 appropriate to discharge the presiding officer's vested duties, consistent with
					 statutory and regulatory authority.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 607a - PRACTICE AND PROCEEDINGS BEFORE THE OFFICE OF ADMINISTRATION › Subchapter B - HEARINGS UNDER SECTION 2202(A)(10) OF THE ACT › Section 607a.15 - Form of hearings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A hearing
					 before the Office of Administration shall be formal but need not adhere to the
					 technical rules of evidence or procedure. In cases involving issues of fact,
					 oral testimony shall be under oath or affirmation.
(b) Subsection (a) supersedes 1 Pa. Code
					 §
											§
											35.123 and
					 35.189 (relating to conduct of
					 hearings; and manner of conduct of hearings).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 607a - PRACTICE AND PROCEEDINGS BEFORE THE OFFICE OF ADMINISTRATION › Subchapter B - HEARINGS UNDER SECTION 2202(A)(10) OF THE ACT › Section 607a.16 - Failure to attend hearing

Current through Register Vol. 54, No. 28, July 13, 2024
When a properly notified party fails to appear at a
						hearing, the hearing may be held without the participation of the non-appearing
						party and, thereafter, the presiding officer may take appropriate action in due
						course.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 607a - PRACTICE AND PROCEEDINGS BEFORE THE OFFICE OF ADMINISTRATION › Subchapter B - HEARINGS UNDER SECTION 2202(A)(10) OF THE ACT › Section 607a.17 - Additional hearings and evidence

Current through Register Vol. 54, No. 28, July 13, 2024
(a) After the conclusion of a hearing, but
					 prior to the issuance of a final disposition, the presiding officer may, upon
					 their own motion or upon request of a party, allow one or more additional
					 hearings or the submission of additional relevant evidence.
(b) Subsection (a) supersedes 1 Pa. Code
					 §
											35.128 (relating to additional
					 evidence).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part XV - OFFICE OF ADMINISTRATION › Subpart A - CIVIL SERVICE REFORM-TEMPORARY REGULATIONS › Chapter 607a - PRACTICE AND PROCEEDINGS BEFORE THE OFFICE OF ADMINISTRATION › Subchapter B - HEARINGS UNDER SECTION 2202(A)(10) OF THE ACT › Section 607a.18 - Record of proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 complete record of the proceedings shall be made. A party shall make
					 arrangements to purchase copies of the record directly with the reporting
					 service. The Office of Administration's copy of the record may be reviewed at
					 the Office of Administration's office in Harrisburg. Arrangements to review the
					 record may be made by contacting the Docket Clerk.
(b) Subsection (a) supersedes 1 Pa. Code
					 §
											§
											35.131 and
					 35.133 (relating to recording of
					 proceedings; and copies of transcripts).