Pennsylvania Code › Title 4 - ADMINISTRATION › Part IV - CIVIL SERVICE COMMISSION › Subpart A - RULES OF THE CIVIL SERVICE COMMISSION › Chapter 105 - NOTICE AND HEARINGS › HEARINGS › Section 105.15 - Procedure under section 951(a) of the act (71 P. S. Section 741.951(a))

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The appointing
					 authority shall go forward to establish the charge or charges on which the
					 personnel action was based. If, at the conclusion of its presentation, the
					 appointing authority has, in the opinion of the Commission, established a prima
					 facie case, the employee shall then be afforded the opportunity of presenting
					 his case.
(b) If, after due notice,
					 the appellant fails to appear at the scheduled hearing, the appointing
					 authority has no burden to go forward and the appeal may be dismissed without
					 the presentation of evidence.
(c)
					 While in each case the Commission may adapt the procedures and conduct of the
					 hearing in accordance with the requirements of justice and due process,
					 generally the routine shall follow the following order:
(1) The presiding commissioner shall open the
					 hearing and shall enter as exhibits a copy of the letter initiating the action
					 taken by the appointing authority, the written appeal of the appellant from the
					 action, and evidence of proper notification to all parties in
					 interest.
(2) The parties shall,
					 subsequent to the presiding commissioner's introduction of documents, present
					 any preliminary motions.
(3) The
					 appointing authority shall call witnesses to testify after being sworn by the
					 presiding commissioner.
(4) The
					 appointing authority may, through witnesses or by stipulation, offer any other
					 relevant evidence for introduction into the record.
(5) The appointing authority shall cite all
					 relevant provisions of law and all relevant rules and regulations.
(6) The appellant may object to questions
					 directed to the witnesses and to the introduction of any evidence
					 offered.
(7) The appellant shall be
					 allowed reasonable opportunity to cross-examine the witnesses.
(8) At the conclusion of the appointing
					 authority's case, the appellant may move to dismiss on the ground that no prima
					 facie case has been established.
(9) If no motion to dismiss is made, if the
					 motion is denied, or if the Commission defers ruling on the motion, the
					 appellant may present the defense by the testimony of witnesses, the
					 introduction of relevant evidence, and the citation of relevant provisions of
					 law, rules or regulations.
(10) The
					 appointing authority may object to questions directed to the witnesses and to
					 the introduction of any evidence offered.
(11) The appointing authority shall be
					 allowed reasonable opportunity to cross-examine the witnesses.
(12) When all the evidence has been
					 introduced, the Commission may hear oral argument.
(13) The transcript of the record will be
					 prepared as soon as practicable after the hearing. A copy of the transcript
					 shall be available at the Commission's Harrisburg office for inspection, or
					 upon request, at one of the other Commission offices.
(14) The parties may submit briefs within a
					 period of time fixed by the Commission. Failure by either party to file its
					 brief within the fixed time may lead to the refusal of the Commission to
					 consider the brief in making its determination.
(15) The record shall be considered as closed
					 upon receipt of transcripts, depositions and briefs and the hearing shall be
					 deemed concluded at that time. The Commission will determine the facts upon the
					 evidence of record and decide relevant questions of law within 90 calendar days
					 after the conclusion of the hearing.
(16) A copy of the adjudication in writing,
					 containing findings and reasons, as a result of a resolution adopted by a
					 quorum at a meeting of the Commission, shall be prepared as a decision of the
					 Commission, and, when signed by one of the members of the Commission under its
					 seal, shall be final. A copy of adjudication shall be sent to the appellant and
					 to the appointing authority.