Current through Register Vol. 54, No. 45, November 9, 2024
Section 42.101 - Hearings(a) If the unlawful discriminatory practice complained of is not eliminated by conference, conciliation or persuasion, the Commissioners or the Executive Director may approve the convening of a public hearing on the merits of the complaint.(b) At any other time, the Commissioners may convene a hearing for one or more of the following: (1) Whenever a problem of racial discrimination arises.(2) To expedite the disposition of preliminary matters in an action before it.(3) When, in the judgment of the Commission, the circumstances so warrant.(c) When a public hearing is to be convened under this section, the Chairperson will cause to be issued and served on the parties a written notice of the approval of the hearing, and will designate three Commissioners, or a permanent hearing examiner, before whom the hearing will be conducted. The three Commissioners, if appointed, will be called hearing commissioners.(1) Whenever a notice of public hearing is issued under this section, involving a complaint containing one or more allegations under section 5(h) or 5.3 of the act (43 P. S. §§ 955(h) and 955.3), concerning unlawful housing discrimination cognizable under the Fair Housing Act, or under section 5(d) or (e) of the act, if the underlying or supporting action concerns unlawful housing discrimination cognizable under the Fair Housing Act, the notice shall also inform the parties of their right, under section 9(d.1) of the act (43 P. S. § 959(d.1)), to have the claims asserted in the complaint decided in a civil action brought under the original jurisdiction of the Commonwealth Court, of the duty of the parties to inform the Commission of the election, in writing, within 20 days after receipt of the notice, and that a failure to respond within this time shall result in the loss of the ability to proceed in Commonwealth Court under section 9(d.1) of the act.(2) Whenever a valid election is made to proceed in Commonwealth Court, under section 9(d.1) of the act, the Commission will commence, within 20 days from receipt of the election, and maintain a civil action on behalf of the complainant; except that the Commission is not so required in a complaint in which the Attorney General is the complainant.(d) A waiver of a hearing by the parties shall be in writing and properly executed.(e) Subsections (a)-(d) supplement 1 Pa. Code §35.121 (relating to initiation of hearings).The provisions of this §42.101 adopted August 13, 1976, effective 8/14/1976, 6 Pa.B. 1887; amended July 24, 1981, effective 7/25/1981, 11 Pa.B. 2608; amended October 28, 1983, effective 10/29/1983, 13 Pa.B. 3233; amended April 19, 1991, effective 4/20/1991, 21 Pa.B. 1909; amended December 17, 1993, effective 12/18/1993, 23 Pa.B. 5897. This section cited in 16 Pa. Code § 42.111 (relating to powers and duties of hearing commissioners and permanent hearing examiners); and 16 Pa. Code § 42.131 (relating to Motions Commissioners and Motions Examiners).