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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 7348 (November 26, 2022).

4 Pa. Code § 7.172. Definitions.

§ 7.172. Definitions.

 The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   Agency—Departments, boards, commissions and other government units under the Governor’s jurisdiction.

   Criminal conduct related to his employment with the Commonwealth— Conduct by an employe in violation of a criminal law arising in the course of or from the performance of an official duty or function; including, but not limited to, violations of law constituting misfeasance or malfeasance in office.

   Employee—Individuals employed by, or appointed to serve on, an agency, board, commission or department of the Commonwealth. The term employe does not include those individuals who are members of the Pennsylvania National Guard who are not otherwise employed by the Commonwealth.

   Formally charged with criminal conduct—An employe shall be deemed to be formally charged with criminal conduct when he has been arrested or named as a defendant in an indictment or information or, in the case of a private complaint, the complaint has been approved by the prosecuting authority.

   Sufficient reason for disciplinary action—Shall be determined by the exercise of discretion of the head of the agency which employs the person, or his designee; except that, to the extent required by statute or contract, for those employes within the classified service or those employes covered by provisions of a collective bargaining agreement, sufficient reason for disciplinary action means ‘‘just cause.’’


   The provisions of this §  7.172 amended by Executive Order No. 1980-18, dated and effective May 16, 1984, 14 Pa.B. 2036. Immediately preceding text appears at serial pages (55492) to (55493).

Cross References

   This section cited in 4 Pa. Code §  7.171 (relating to procedures); and 4 Pa. Code §  39.12 (relating to criminal cases).

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