Current through Register Vol. 54, No. 21, May 25, 2024
Section 105.15 - Procedure under section 951(a) of the act (71 P. S. Section 741.951(a))(a) The appointing authority shall go forward to establish the charge or charges on which the personnel action was based. If, at the conclusion of its presentation, the appointing authority has, in the opinion of the Commission, established a prima facie case, the employee shall then be afforded the opportunity of presenting his case.(b) If, after due notice, the appellant fails to appear at the scheduled hearing, the appointing authority has no burden to go forward and the appeal may be dismissed without the presentation of evidence.(c) While in each case the Commission may adapt the procedures and conduct of the hearing in accordance with the requirements of justice and due process, generally the routine shall follow the following order: (1) The presiding commissioner shall open the hearing and shall enter as exhibits a copy of the letter initiating the action taken by the appointing authority, the written appeal of the appellant from the action, and evidence of proper notification to all parties in interest.(2) The parties shall, subsequent to the presiding commissioner's introduction of documents, present any preliminary motions.(3) The appointing authority shall call witnesses to testify after being sworn by the presiding commissioner.(4) The appointing authority may, through witnesses or by stipulation, offer any other relevant evidence for introduction into the record.(5) The appointing authority shall cite all relevant provisions of law and all relevant rules and regulations.(6) The appellant may object to questions directed to the witnesses and to the introduction of any evidence offered.(7) The appellant shall be allowed reasonable opportunity to cross-examine the witnesses.(8) At the conclusion of the appointing authority's case, the appellant may move to dismiss on the ground that no prima facie case has been established.(9) If no motion to dismiss is made, if the motion is denied, or if the Commission defers ruling on the motion, the appellant may present the defense by the testimony of witnesses, the introduction of relevant evidence, and the citation of relevant provisions of law, rules or regulations.(10) The appointing authority may object to questions directed to the witnesses and to the introduction of any evidence offered.(11) The appointing authority shall be allowed reasonable opportunity to cross-examine the witnesses.(12) When all the evidence has been introduced, the Commission may hear oral argument.(13) The transcript of the record will be prepared as soon as practicable after the hearing. A copy of the transcript shall be available at the Commission's Harrisburg office for inspection, or upon request, at one of the other Commission offices.(14) The parties may submit briefs within a period of time fixed by the Commission. Failure by either party to file its brief within the fixed time may lead to the refusal of the Commission to consider the brief in making its determination.(15) The record shall be considered as closed upon receipt of transcripts, depositions and briefs and the hearing shall be deemed concluded at that time. The Commission will determine the facts upon the evidence of record and decide relevant questions of law within 90 calendar days after the conclusion of the hearing.(16) A copy of the adjudication in writing, containing findings and reasons, as a result of a resolution adopted by a quorum at a meeting of the Commission, shall be prepared as a decision of the Commission, and, when signed by one of the members of the Commission under its seal, shall be final. A copy of adjudication shall be sent to the appellant and to the appointing authority.The provisions of this § 105.15 adopted October 18, 1961; amended October 15, 1964 and April 16, 1970; amended March 29, 1985, effective 3/30/1985, 15 Pa.B. 1151; amended November 15, 1991, effective 11/16/1991, 21 Pa.B. 5334. This section cited in 4 Pa. Code § 105.16 (relating to procedure under section 951(b) of the act (71 P. S. § 741.951(b)).