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COMMONWEALTH OF PENNSYLVANIA

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Pennsylvania Code



Subchapter C. INVESTIGATIONS; NOTICE OF VIOLATIONS AND PENALTIES


Sec.


605a.4.    Procedure.

§ 605a.4. Procedure.

 (a)  Investigations. The Office of Administration will investigate allegations of violations of the act or this subpart by an employee.

 (b)  Request for Investigation. An individual suspecting that an individual has violated the act or this subpart may file a written request for investigation with the Office of Administration, which shall contain sufficient details of the alleged violation so as to enable proper investigation by the Office of Administration.

 (c)  Hearing. When appropriate, the Office of Administration may convene a hearing under 71 Pa.C.S. §  2202(a)(10) (relating to duties of Office of Administration) to determine whether an employee violated the act or this subpart and the appropriate penalty or remedy. The hearings shall be conducted in accordance with Chapter 607a (relating to practice and proceedings before the Office of Administration) of this subpart.

 (d)  Notice. Whenever the Office of Administration determines that an employee has violated the act or this subpart, the Office of Administration will give written notice to the appropriate appointing authority of the determination, including appropriate corrective actions. Notice that an employee intentionally falsified information, failed to disclose a material fact or otherwise concealed information to obtain appointment or promotion shall also include a reference to 71 Pa.C.S. §  2702(b) (relating to false statements made under oath and concealing information).

 (e)  Penalties. Unless otherwise required by the act or this subpart, penalties for violation of the act or this subpart shall be within the discretion of the Office of Administration.

   (1)  Intentional violation. Except as provided in paragraphs (2) and (3), an employee who intentionally violates the act or this subpart shall be immediately removed from employment in the classified service.

   (2)  Political activity. An employee who violates 71 Pa.C.S. §  2705 (relating to political activity) or §  605a.3 (relating to scope of prohibition) shall be removed from employment in the classified service, provided the Office of Administration may impose a penalty of suspension without pay for not more than 120 working days if the Office of Administration finds that the violation does not warrant removal.

   (3)  Concealment. An employee who intentionally falsified information, failed to disclose a material fact, or otherwise concealed information to obtain appointment or promotion shall be removed from all eligible lists for a period of time to be determined by the Office of Administration and, if appointed or promoted, be summarily removed.

 (f)  Removal. When the Office of Administration orders the removal of an employee due to the employee’s violation of the act or this subpart, the appointing authority shall remove the employee immediately.

 (g)  Ineligibility after removal. When an employee has been found to have violated the act or this subpart and as a result has been removed from employment in the classified service, the employee shall be ineligible for reappointment to any position in the classified service for a period of time determined by the Office of Administration. In setting the period of ineligibility, the Office of Administration may, in its discretion, determine that permanent ineligibility is appropriate.



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