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 C - INVESTIGATIONS; NOTICE OF VIOLATIONS AND PENALTIES › Section 605a.4 - Procedure

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Investigations.
The Office of Administration will investigate
					 allegations of violations of the act or this subpart by an employee.
(b)
Request for
					 Investigation.
An individual suspecting that an individual has
					 violated the act or this subpart may file a written request for investigation
					 with the Office of Administration, which shall contain sufficient details of
					 the alleged violation so as to enable proper investigation by the Office of
					 Administration.
(c)
Hearing.
When appropriate, the Office of Administration may
					 convene a hearing under
					 71 Pa.C.S. §
												2202(a)(10) (relating to
					 duties of Office of Administration) to determine whether an employee violated
					 the act or this subpart and the appropriate penalty or remedy. The hearings
					 shall be conducted in accordance with Chapter 607a (relating to practice and
					 proceedings before the Office of Administration) of this subpart.
(d)
Notice.
Whenever the
					 Office of Administration determines that an employee has violated the act or
					 this subpart, the Office of Administration will give written notice to the
					 appropriate appointing authority of the determination, including appropriate
					 corrective actions. Notice that an employee intentionally falsified
					 information, failed to disclose a material fact or otherwise concealed
					 information to obtain appointment or promotion shall also include a reference
					 to
					 71 Pa.C.S. §
												2702(b) (relating to false
					 statements made under oath and concealing information).
(e)
Penalties.
Unless
					 otherwise required by the act or this subpart, penalties for violation of the
					 act or this subpart shall be within the discretion of the Office of
					 Administration.
(1)
Intentional
					 violation.
Except as provided in paragraphs (2) and (3), an employee
					 who intentionally violates the act or this subpart shall be immediately removed
					 from employment in the classified service.
(2)
Political activity.
An
					 employee who violates
					 71 Pa.C.S. §
													2705
					 (relating to political activity) or §
												605a.3 (relating to scope of
					 prohibition) shall be removed from employment in the classified service,
					 provided the Office of Administration may impose a penalty of suspension
					 without pay for not more than 120 working days if the Office of Administration
					 finds that the violation does not warrant removal.
(3)
Concealment.
An
					 employee who intentionally falsified information, failed to disclose a material
					 fact, or otherwise concealed information to obtain appointment or promotion
					 shall be removed from all eligible lists for a period of time to be determined
					 by the Office of Administration and, if appointed or promoted, be summarily
					 removed.