37 Pa. Code § 127.8 - Removal

(a) No Commission employe shall be removed except for just cause. The Executive Director must furnish to the affected employe written notice of re moval, setting forth the reasons for such action and effective date thereof. Such written notice will be made part of the official record of the Commission.

(b) Within 20 days after receipt of such notice of removal from the Commission, the employe shall submit to the Commission such written answer as he may desire. Said answer may include a request for investigation.

(c) Within ten days after receipt of such answer and request, the Commission will initiate an investigation which will include a hearing. All hearings will be private unless otherwise requested in writing by the employe against whom the action is taken; provided however, that no confidential information involving the work of the Commission will be presented in a public hearing without the consent of the Commission. A written notice signed by the Executive Director will be forwarded to the employe setting forth the time and place when and where such employe will be given an opportunity to be heard before the Commission. The investigation and hearing will be for the purpose of fairly determining whether the employe involved merits continuance in his position or should be removed therefrom or otherwise disciplined for the good of the Commission. The Commission may delegate to a particular Commissioner or Commissioners the responsibility of conducting the investigation and hearing.

(d) At the hearing, the Commission will not be required to follow technical rules of evidence or court procedure, but will diligently seek all of the evidence and information bearing on the merits of the case.

(e) Within 60 days after receipt of the request for investigation, the full Commission will make its investigative and hearing findings and conclusions which will not become part of the public record of the Commission unless otherwise requested by the employe against whom the action relates. A written notice of said conclusions signed by the Executive Director will be forwarded to the employe. If the Commission finds that the action complained of was taken without just cause, the employe shall be reinstated to his position without loss of pay.

Notes

37 Pa. Code § 127.8

This section cited in 37 Pa. Code § 127.4 (relating to demotions); 37 Pa. Code § 127.5 (relating to suspension); and 37 Pa. Code § 127.6 (relating to retirement).