43 Pa. Code § 7.12 - Discipline and discharge
(a)
Order and discipline required. The Commandant is responsible
for the maintenance of good order and discipline among the residents of a State
Veterans Home . A resident whose conduct does not comport with the requirements
for an orderly and disciplined home may be subject to disciplinary action, up
to and including discharge from the home. Residence in a State Veterans Home is
voluntary, and a resident subject to discipline under this section may elect to
request voluntary discharge in lieu of compliance or appeal from the
disciplinary action.
(b)
Admonitions and reprimands. When a record of an admonition or
reprimand is filed in a resident 's file, the resident shall be given the
opportunity to file a response to the admonition or reprimand setting forth
matters in disagreement, extenuation or mitigation. The resident 's response
shall be filed with the record of the admonition or reprimand. Admonitions or
reprimands are not adjudications and are not subject to appeal under §
7.10 (relating to appeals).
(c)
Disciplinary actions. Disciplinary actions include withdrawal
of privileges to participate in recreation and social activities and
restrictions to the grounds of the home. When the Commandant decides to impose
discipline on a resident , the Commandant will notify the resident in writing of
the proposed action and the reasons for the proposed action. If a resident on
whom a disciplinary action is imposed under this section desires an
administrative hearing on the proposed action, the resident shall request a
hearing within 24 hours after receipt of the notification. The Commandant , or,
if he is unavailable to conduct the hearing because of absence or because he
was a witness to the conduct that gave rise to the proposed discipline, a
person designated by the Director of the Bureau for Veterans Affairs, will act
as the presiding officer for hearings on disciplinary actions and conduct
hearings under 1 Pa. Code Part II (relating to general rules of administrative
practice and procedure). The Commandant or other presiding officer will prepare
and serve a proposed report, and the resident may, within 5 days after issuance
of the proposed report, appeal to the Adjutant General by filing exceptions and
briefs in the manner provided by 1 Pa. Code Part II. The Adjutant General shall
enter a final order for the Department .
(d)
Discharges.
(1) When the Commandant proposes to discharge
a resident of a veterans home under §
7.11 (relating to grounds for
discharge), he will prepare and serve upon the resident an order to show cause
setting forth the grounds for the proposed action. The order to show cause
shall direct the resident to file a written answer to the order within 5 days
with the Director of the Bureau for Veterans Affairs.
(2) The answer to the order to show cause
shall, in addition to the information required by 1 Pa. Code §35.37
(relating to answers to orders to show cause) indicate whether the resident
requires or waives a hearing. If no answer to the order to show cause is filed
or no matters are raised requiring a hearing or further proceedings, the
Director of the Bureau for Veterans Affairs may forward the case to the
Adjutant General for entry of a final order without hearing.
(3) If a hearing is to be conducted, the
Adjutant General will either appoint a hearing officer or request the Chairman
of the State Veterans Commission to appoint a hearing panel to conduct the
hearing. If a hearing officer is appointed, he will not be employed in the
veterans home from which the case arose. The hearing officer or hearing panel
has the powers and duties of presiding officials and shall conduct the hearing
and prepare a proposed report under 1 Pa. Code Part II. Copies of the proposed
report will be served on the resident and the Commandant and either may appeal
to the Adjutant General by filing exceptions to the proposed report in the
manner provided by 1 Pa. Code Part II within 10 days after service. The
Adjutant General will enter the final order for the Department .
(e)
Effective date of
disciplinary actions and discharges. Disciplinary actions and
discharges imposed under this section will not be effected until the Adjutant
General enters a final order, except where the Commandant recommends, and the
Director of the Bureau for Veterans Affairs determines, that compelling
circumstances exist that require the immediate withdrawal of privileges,
restriction of the resident or discharge of the resident to provide for the
health, safety and welfare of the resident or others.
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