Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 55637 - Rejection of applicant; hearing(a) The commission may refuse to examine or, if examined, may refuse to certify after examination as eligible, any applicant who:(1) is found to lack any of the minimum qualifications for examination prescribed in the rules and regulations adopted for the position or employment for which the applicant has applied;(2) is physically unfit for the performance of the duties of the position or employment for which the applicant has applied;(3) is illegally using a controlled substance as defined in the Controlled Substances Act (Public Law 91-513, 21 U.S.C. § 802);(4) has been found guilty of any crime involving moral turpitude or of infamous or notoriously disgraceful conduct;(5) has been dismissed from public service for delinquency or misconduct in office; or(6) is affiliated with any group which have policies or engage in activities that are subversive to the form of government established in Federal or State law.(b) If an applicant is aggrieved by the commission's refusal to certify the applicant as eligible after an examination or an individual is aggrieved by the commission's refusal to examine the individual, the commission shall, at the request of the applicant or individual aggrieved, set a date, time and place for a public hearing within 10 days after the receipt of the request for a public hearing. At the public hearing, the applicant or individual aggrieved may appear with or without counsel and the commission shall take testimony and review the commission's refusal to provide the examination or certification. The deliberations of the commission regarding the matter, including interim rulings on evidentiary or procedural issues, may be held in the nature of a closed executive session. The commission's disposition of the matter shall constitute official action which shall occur at a public meeting held pursuant to 65 Pa.C.S. Ch. 7 (relating to open meetings) and the commission's decision on the matter shall be final.1931, June 24, P.L. 1206, art. VI, § 637, added 1949, May 27, P.L. 1955, § 20. Amended 2010, Oct. 19, P.L. 521, No. 75, § 2, imd. effective; 2020, Oct. 29, P.L. 782, No. 96, § 33, effective in 60 days [Dec. 28, 2020].