16 Pa. Code § 42.141 - Final orders

(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.

Notes

16 Pa. Code § 42.141

The provisions of this § 42.141 adopted August 13, 1976, effective 8/14/1976, 6 Pa.B. 1887; amended October 28, 1983, effective 10/29/1983, 13 Pa.B. 3283; amended April 19, 1991, effective 4/20/1991, 21 Pa.B. 1909; amended December 17, 1993, effective 12/18/1993, 23 Pa.B. 5897.