An employe formally charged with criminal conduct, as
referred to in §
7.174 (relating to required action
when an employe is formally charged with criminal conduct other than a felony
and not related to his employment with the Commonwealth), shall be subject to
an immediate investigation conducted by the agency head or his designee.
(1)
Purpose. The purpose of
the investigation shall be to determine whether sufficient reason exists for
disciplinary action including, but not limited to, suspension without pay,
demotion or dismissal.
(2)
Conduct of investigation. In the investigation, the relevant
facts shall be promptly gathered and considered. The agency's chief counsel may
assist the agency head or his designee in making the investigation. The
investigation shall be completed within 12 working days from the date on which
the Secretary of Administration is notified under §
7.176 (relating to final
determination). An extension of this period may be granted only by the
Secretary of Administration, in writing, and only on a showing, in writing, by
the agency head or his designee of a conscientious effort to meet the deadline
and an explanation of the reasons why the deadline cannot be met. Only one
extension may be granted, which extension may not exceed 12 working days.
(i)
Law enforcement agencies.
In the investigation, the agency head or his designee may request the
assistance of a law enforcement agency involved in the matter; however, this
may not relieve the appointing authority or his designee of the responsibility
to make an independent evaluation.
(ii)
Employe contact. In the
investigation, the agency head or his designee shall afford the employe an
opportunity to explain the accusations made against him, and the opportunity to
have representation during meetings which relate to the investigation, if
representation is requested, and the opportunity to submit additional
information the employe may wish to provide.
