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PA Bulletin, Doc. No. 02-493




[4 PA. CODE CH. 95]

Promotion Procedure

[32 Pa.B. 1643]

   The State Civil Service Commission (Commission) adopts an amendment to Chapter 95 (relating to selection of employees for entrance to, or promotion in, the classified service). The Commission is publishing this amendment as a notice of final-form rulemaking under the authority of section 208 of the Civil Service Act (act) (71 P. S. § 741.208).

Regulatory Review

   The notice of proposed rulemaking was published at 31 Pa.B. 6454 (November 24, 2001). Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), the Commission submitted a copy of the notice of proposed rulemaking to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the House Labor Relations Committee and the Senate State Government Committee for review and comment.

   In compliance with section 5(c) of the Regulatory Review Act, the Commission also provided IRRC and the committees with copies of the comments received as well as other documentation.

   Under section 5.1(d) of the Regulatory Review Act (71 P. S. § 745.5a(d)), on February 26, 2002, this final-form rulemaking was deemed approved by the House Labor Relations Committee and the Senate State Government Committee. The amendment was deemed approved by IRRC effective February 26, 2002, under section 5(g) of the Regulatory Review Act. The Office of Attorney General approved this final-form rulemaking for form and legality on March 5, 2002.

A.  Comments

   In preparing this final-form rulemaking, the Commission has considered the comments received from the public. The Commission held four public hearings to which the public was invited to comment on this proposed amendment. These hearings were held: in Harrisburg on December 12, 2001, and January 15, 2002; in Pittsburgh on November 29, 2001; and in Philadelphia on December 3, 2001. The comments received at these hearings either sought clarification of the purpose of the amendment or were favorable. The Commission received nine letters commenting on the proposed amendment. These comments were favorable. The Commission's only response to these written comments was to acknowledge receipt and thank the sender. No comment was received from either the House Labor Relations Committee or the Senate State Government Committee to the proposed amendment. The response of IRRC was that they have ''no objections, comments or suggestions to offer on this regulation.''

   Changes have not been made to the published proposed rulemaking for this amendment.

B.  Statutory Authority

   The statutory authority for this final-form rulemaking is provided by section 203(1) of the act (71 P. S. § 741.203(1)).

C.  Purpose and Background

   A change in the procedures for promotions was requested by Commonwealth agencies of the Commission. Currently, the Commonwealth's personnel system has civil service and noncivil service employees. Many are initially hired into noncivil service positions. These employees often work for the Commonwealth for years and sometimes are promoted from one noncivil service position to another. In many instances, however, they reach a point when their logical and natural career progression would call for a promotion to a particular position but that position is one that is covered by the act. Currently, the Commission's regulations require that noncivil service employees compete with and be treated in the same fashion as non-Commonwealth employees being newly hired into the civil service system. The result is that some career Commonwealth employees who started their employment as noncivil service reach a career ceiling prematurely. If not for the barrier presented by the Commission's current regulations, their skills, knowledge and abilities would allow for further promotion.

   This final-form rulemaking gives the employing agency of State government an option to consider both civil service and noncivil service employees for promotion on an equal basis. This would amend the current section that precludes an agency from considering noncivil service Commonwealth employees for promotion into civil service positions. To be promoted, noncivil service employees would be required to take and pass an examination for the title and compete against other similarly situated Commonwealth employees both civil service and noncivil service. This amendment will enhance the employment opportunities for all Commonwealth employees.

D.  Summary of Final-Form Rulemaking

   The final-form rulemaking is designed to permit additional promotion methods by which noncivil service Commonwealth employees may compete with civil service Commonwealth employees for civil service covered positions. Noncivil service Commonwealth employees would be required to take and pass civil service examinations, and be appointable in accordance with the ''rule of three'' described by the act.

E.  Effective Date

   This final-form rulemaking will become effective immediately upon publication in the Pennsylvania Bulletin.

F.  Paperwork and Cost Requirements

   This final-form regulation will not add to existing paperwork requirements. No measurable savings or costs will occur as a result of this final-form rulemaking

G.  Fiscal Impact

   This final-form rulemaking will have no adverse fiscal impact on the Commonwealth or its appointing authorities.

H.  Contact Person

   For further information on this amendment, contact Randall C. Breon, Deputy for Operations, State Civil Service Commission, (717) 787-5343 or (717) 772-2685 (TT), P. O. Box 569, 320 Market Street, 4th Floor, Strawberry Square Complex, Harrisburg, PA 17108-0569;

   The text of this amendment is available electronically through the Commission's website (


   The Commission finds that:

   (1)  Public notice of intention to adopt the administrative amendment adopted by this order has been given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations thereunder, 1 Pa. Code §§ 7.1 and 7.2.

   (2)  The adoption of the amendment of the Commission in the manner provided in this order is necessary and appropriate for the administration and enforcement of the authorizing statute.


   (a)  The regulations of the Commission, 4 Pa. Code Chapter 95, are amended by amending § 95.7 to read as set forth at 31 Pa.B. 6454.

   (b)  The Executive Director of the Commission shall submit this order and 31 Pa.B. 6454 and deposit them with the Legislative Reference Bureau as require by law.

   (c)  This order shall take effect upon final publication in the Pennsylvania Bulletin.

Executive Director

   (Editor's Note:  For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 32 Pa.B. 1590 (March 23, 2002).)

   Fiscal Note: Fiscal Note 61-104 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 02-493. Filed for public inspection March 29, 2002, 9:00 a.m.]

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