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 M - AGENCY ACTION › Section 42.141 - Final orders

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If, upon all
					 the evidence, the hearing commissioners or the permanent hearing examiner find
					 that a respondent has engaged in any unlawful discriminatory practice, the
					 commissioners or the examiner will state findings of fact, conclusions of law
					 and recommendation, on the basis of which the Commission, after reference to
					 the record, may issue an order requiring the respondent to cease and desist
					 from the unlawful discriminatory practice, to take affirmative action, and to
					 give other appropriate relief, or may reverse the recommendation and issue an
					 order dismissing the complaint. The recommended findings, conclusions and order
					 will accompany the order served on the parties to the complaint.
(b) If, upon all the evidence, the hearing
					 commissioners or the permanent hearing examiner find that a respondent has not
					 engaged in an unlawful discriminatory practice, they will state their findings
					 of fact, conclusions of law and recommendation, on the basis of which the
					 Commission, after reference to the record, may similarly issue an order
					 dismissing the complaint, or may reverse the recommendation and issue an order
					 requiring the respondent to cease and desist from the unlawful discriminatory
					 practice, to take affirmative action and to give other appropriate relief. The
					 recommended findings, conclusions and order will accompany the order served on
					 the parties to the complaint.
(c)
					 Findings of fact, conclusions of law, final decisions and orders made after a
					 public hearing by the permanent hearing examiners, hearing commissioners or
					 full Commission will be filed in the headquarters office of the Commission in
					 Harrisburg and be open to public inspection and copying during regular business
					 hours.
(d) Proposed findings of
					 fact and conclusions of law and proposed final orders may be submitted by the
					 parties and Commission staff counsel. When required by the hearing
					 commissioners or the permanent hearing examiner, proposed findings of fact and
					 conclusions of law and proposed final orders will be submitted within the time
					 period fixed by the hearing commissioners or the permanent hearing
					 examiner.
(e) Final orders will be
					 those orders which are dispositive of the case. When a complaint contains one
					 or more allegations under section 5(h) or 5.3 of the act (43 P. S. §§
												955(h) and
					 955.3), involving unlawful
					 housing discrimination cognizable under the Fair Housing Act, or under section
					 5(d) or (e) of the act, when the underlying or supporting action involves
					 unlawful housing discrimination cognizable under the Fair Housing Act, the case
					 as to those allegations shall be completed, up to and including the issuance of
					 a final order under this section, within 1 year from the date the complaint was
					 filed with the Commission unless it is impracticable to do so, in which case
					 the Commission will notify the parties in writing of the reasons for not doing
					 so.
(f) Subsections (a)-(e)
					 supersede 1 Pa. Code §§ 35.201-35.207, 35.211-35.214 and
					 35.226.