RULES AND REGULATIONS
Title 4—ADMINISTRATION
OFFICE OF ADMINISTRATION
[ 4 PA. CODE CH. 601—607 ]
Civil Service Reform
[49 Pa.B. 1297]
[Saturday, March 16, 2019]The Office of Administration hereby adopts temporary regulations by adding to Title 4 of the Pennsylvania Administrative Code, Part XV (relating to Office of Administration) and Subpart A (relating to Temporary Regulations—Civil Service Reform) to read as set forth in Annex A.
Effective Date
These temporary regulations will be effective on March 28, 2019.
Statutory Authority
Effective March 28, 2019, the act of June 28, 2018 (P.L. 460, No. 71) (Act 71) repeals the Civil Service Act of 1941, act of August 5, 1941 (P.L. 752, No. 286), as amended, (71 P.S. §§ 741.1—741.1005) (Civil Service Act), and provides for civil service reform in the areas of merit-based hiring, including civil service applications, examinations, certifications and promotions. Effective June 28, 2018, Act 71 authorized the Office of Administration to promulgate temporary regulations to implement Office of Administration duties as set forth in Act 71. The adoption of temporary regulations is not subject to sections 201—205 of the act of July 31, 1968 (P.L. 769, No. 240) (45 P.S. §§ 1201—1205), known as the Commonwealth Documents Law; section 204(b) of the Commonwealth Attorneys Act, act of October 15, 1980 (P.L. 950, No. 164) (71 P.S. § 732-204(b)); or the requirements of the Regulatory Review Act, act of June 25, 1982 (P.L. 633, No. 181) (71 P.S. §§ 745.1—745.15). See 71 Pa.C.S. § 2203(b) (relating to regulations). The temporary regulations will expire 3 years following the publication of these temporary regulations.
Background and Need for the Temporary Regulations
Act 71 transfers certain duties from the State Civil Service Commission (Commission) and the Director of the Commission to the Office of Administration. See 71 Pa.C.S. § 2201 (relating to transfer of duties). The Office of Administration is responsible for administering Act 71, except for Chapters 30 and 31 (relating to State Civil Service Commission and Director; and hearings and records). See 71 Pa.C.S. § 2202(a)(6) (relating to duties of Office of Administration). Under section 4 of Act 71, which pertains to effective dates, the Office of Administration must implement the transfer of duties beginning March 28, 2019. There is insufficient time to propose and publish final regulations prior to March 28, 2019. Accordingly, the Office of Administration elects to promulgate temporary regulations.
Under section 3 of Act 71, except for the added authority to promulgate temporary regulations; the transfer of the administration of merit system employment to the Office of Administration; the addition of Chapters 32 and 33 (relating to commission funds, costs and service; and records, status and appropriations); the transfer of records to the Office of Administration; and the addition of three terms to the definition section, the amendments in Act 71 are made to conform to the style of the Pennsylvania Consolidated Statutes and are not intended to change or affect the legislative intent, judicial construction or administration and implementation of the Civil Service Act. Where practicable, and in the interest of continuity for appointing authorities and others, the Office of Administration followed the general format of the applicable Rules of The Civil Service Commission and incorporated the content of the corresponding Commission regulations into the temporary regulations. Notably, because the Commission did not promulgate regulations implementing the Act of July 7, 2016 (P.L. 465, No. 69) (Act 69) or the Act of November 21, 2016 (P.L. 1314, No. 167) (Act 167), and the content of those amendments were carried over into Act 71, the temporary regulations differ and/or include additional provisions implementing those amendments. The Office of Administration did not incorporate, in its temporary regulations, Commission regulations that merely restate provisions within Act 71, that are not applicable to the Office of Administration, or that are inconsistent with the Office of Administration's policies. Additionally, throughout the temporary regulations, when the Office of Administration incorporated the content of the Commission's regulations into the temporary regulations, the Office of Administration made revisions for clarity.
Description of the Temporary Regulations
Under section 3 of Act 71, 71 Pa.C.S. Part III (relating to civil service reform) is a continuation of the Civil Service Act, and except where indicated otherwise in Act 71, all activities initiated under the Civil Service Act continue and remain in full force and effect and may be completed under Act 71. Section 3 of Act 71 further provides that ''contracts, obligations and collective bargaining agreements entered into under the Civil Service Act are not affected nor impaired by the repeal of the Civil Service Act.'' Given this clear statutory language, the Office of Administration determined it was unnecessary to address within each regulatory provision in the annex, the statutory transfer of duties or the continuation of activities performed under the Civil Service Act.
GENERAL PROVISIONS Short Title
Section 601.1 (relating to short title) sets forth the short title as ''Merit System Employment Regulations.'' The Office of Administration selects this short title because it sufficiently describes the Office of Administration's duties in administering civil service employment within the Commonwealth and will not be confused with The Rules of The Civil Service Commission.
Purpose
Section 601.2 (relating to purpose) sets forth the purpose of the temporary regulations, which is to implement civil service reform as required by Act 71. The purpose of civil service reform, as reflected in Act 71, is ''to create and sustain a modern merit system of employment within the Commonwealth work force that promotes the hiring, retention and promotion of highly qualified individuals, ensuring that government services are efficiently and effectively delivered to the public.'' See 71 Pa.C.S. § 2102 (relating to purpose). Under section 601.2(b), these temporary regulations implement and supplement the act and must be read together with the applicable provisions of the act.
Definitions
Section 601.3 (relating to definitions) sets forth definitions for terms used in the temporary regulations. The Office of Administration incorporated, in its temporary regulations, applicable definitions from The Rules of The Civil Service Commission but made appropriate revisions to reflect the statutory transfer of duties from the Commission to the Office of Administration. See 4 Pa. Code § 91.3 (relating to definitions). The Office of Administration did not adopt, in its temporary regulations, terms specifically defined in Act 71, but rather, incorporated those terms by reference. Additionally, by incorporating the Commission's definitions into these temporary regulations, the Office of Administration made minor revisions for clarity. The Office of Administration also includes in its temporary regulations the following definitions: alternate rule, disability, eligible veteran, job specification, preferred reemployment list, reclassification, Senior Management Service and Special Advisor for Veterans' Programs.
A definition of ''alternate rule'' is necessary to distinguish between the rule of three and the ability of an appointing authority to select an alternate number other than three of the highest-ranking available individuals as permitted under 71 Pa.C.S. §§ 2401(b)(1)(iii) and 2402(b)(2) (relating to certification; and selection and appointment of eligibles). The Office of Administration defines the alternate rule as ''a rule that gives appointing authorities the ability to select from all eligibles on an eligibility list or a specific alternative number of eligibles, other than three, but not less than three.''
These temporary regulations include a definition of ''disability'' because that term is used in section 601.6 (relating to reasonable accommodations), which establishes procedures for requesting reasonable accommodations in the application and examination process. These temporary regulations define ''disability'' as follows: ''as defined by the Americans with Disabilities Act of 1990, as amended (42 U.S.C.A. §§ 12101—12213) (ADA), a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment.''
These temporary regulations distinguish between veteran, as defined in Act 71, as compared to veterans that are eligible for veterans' preference under 51 Pa.C.S. Chapter 71 (relating to veterans' preference). In doing so, the Office of Administration defined eligible veteran as an individual, excluding spouses, who is eligible to receive an employment preference under 51 Pa.C.S. Chapter 71.
Under Act 71, the terms ''job,'' ''job title,'' ''class'' and ''class of positions'' are defined as a ''group of positions in the classified service which are sufficiently similar in respect to the duties and responsibilities of the positions that the same: (1) descriptive title may be used for each position; (2) requirements as to experience, knowledge and ability are demanded of incumbents; (3) assessments may be used to choose qualified appointees; and (4) schedule of compensation may be made to apply with fairness under like working conditions.'' See 71 Pa.C.S. § 2102. For consistency and clarity, and where appropriate, the Office of Administration chooses to use the term ''job'' throughout the regulations instead of interchangeably using ''job'' and ''class.'' Consistent with the use of the term ''job,'' these temporary regulations use the term ''job specification'' and define it as a ''written description of a job which defines and describes representative duties and responsibilities and sets forth the experience and training that provides the knowledge, skills and abilities essential to the performance of the work of the job.''
Although the Commission's regulations use the term ''preferred reemployment list,'' the term is not defined in the regulations, but rather in Management Directive 580.30, Amended (Civil Service Leave of Absence and Return Rights). The Office of Administration adopted the definition from the management directive and defines ''preferred reemployment list'' as a ''list of persons who had regular or probationary status and could not be returned from a civil service leave of absence due to the lack of a vacant position.''
These temporary regulations define the term ''reclassification.'' In defining reclassification, the Office of Administration adopted the Commission's definition of the term ''reallocate,'' except that the Office of Administration uses the term ''job'' instead of class title within the definition. The Commission's regulations appear to use the terms ''reclassify'' and ''reallocate'' interchangeably; however, when referring to a change in a classification of a position from one job and code to another job and code, these temporary regulations use only the term ''reclassification.''
Although the Commission's regulations use the term ''Senior Management Service,'' the term is not defined in the regulations, but rather in Management Directive 580.30, Amended (Civil Service Leave of Absence and Return Rights). The Office of Administration adopted the definition from the management directive and defines ''Senior Management Service'' as ''[ p ]ositions in the commonwealth unclassified service that have broad policy participation and management responsibility.''
These temporary regulations include a definition of ''Special Advisor for Veterans' Programs'' to provide a frame of reference for the section of these temporary regulations that sets forth the duties and responsibilities of the Special Advisor. The Office of Administration defines the ''Special Advisor for Veterans' Programs'' as the ''individual appointed by the Secretary of Administration under 71 Pa.C.S. § 2202(a)(12) (relating to duties of Office of Administration).''
Veterans' Preference
Section 601.4 (relating to veterans' preference) covers veterans' preference requirements for civil service employment. Under section 2201(a)(5) of Act 71, the Office of Administration is required to advertise that: ''(i) veterans' preference is the law of this Commonwealth; (ii) to determine standing on each certified eligibility list, an additional 10 points shall be applied to the final examination score obtained by a veteran, in accordance with 51 Pa.C.S. § 7103 (relating to additional points in grading civil service examinations); and (iii) the same preferential rating given to veterans. . . shall be extended to include spouses of deceased or disabled veterans, in accordance with 51 Pa.C.S. § 7108 (relating to preference of spouses).''
The Office of Administration proposes this temporary regulation to ensure adherence to the legal requirements relating to veterans' preference. Notably, the Office of Administration does not incorporate the requirement in 51 Pa.C.S. § 7104(b) (relating to preference in appointment or promotion) which gives preference to veterans, in the context of veterans seeking promotion, as the Supreme Court of Pennsylvania held that provision unconstitutional. Hoffman v. Township of Whitehall, 677 A.2d 1200 (Pa. 1996).
Age Preference
Section 601.5 (relating to age preference) pertains to the statutory age preference requirement for the Department of Aging. See 71 P.S. § 581-3(b). While the Commission recognizes age preference in a management directive, the Office of Administration determined that it is more appropriate to include such requirements within its regulations. See Management Directive 580.21, Amended (Veterans' Preference on Classified Service Employment Certifications). These temporary regulations clarify that notwithstanding individuals qualifying for veterans' preference under 51 Pa.C.S. Chapter 71, individuals qualifying for age preference may be selected.
Reasonable Accommodations
Section 601.6 pertains to reasonable accommodations for individuals with disabilities seeking civil service appointments or promotions. The Commission's regulations do not have a corresponding provision. The Office of Administration includes this provision in its temporary regulations to ensure that individuals with disabilities understand how to request accommodations and to ensure compliance with Federal and State laws, including the ADA.
Service to Departments, Boards and Commissions, Agencies and Political Subdivisions; Cooperation with Other Civil Service Agencies.
Section 601.7 (relating to service to departments, boards and commissions, agencies and political subdivisions; cooperation with other civil service agencies) pertains to service to departments, boards, commissions, agencies and political subdivisions; and cooperation with other civil service agencies. This section implements 71 Pa.C.S. § 2901 (relating to service and cooperation). The Office of Administration incorporated in its temporary regulations the corresponding provisions of The Rules of The Civil Service Commission regarding acquisition of services and personnel actions by political subdivisions and made appropriate modifications to reflect the statutory transfer of duties from the Commission to the Office of Administration. See 4 Pa. Code § 93.8 (relating to service to departments, boards and commissions, agencies and political subdivisions; cooperation with other civil service agencies). The Office of Administration did not incorporate into its temporary regulations the Commission's regulation requiring maintenance of a list of classes of positions in the classified service and of classes of positions to which the services have been extended because this information will be accessible electronically on the Office of Administration's web site. See 4 Pa. Code § 93.8(a)(5). Additionally, the Office of Administration did not include in its temporary regulations the Commission's regulation that incorporates the act and regulations into contracts for services because this requirement is more appropriately addressed within those contracts. See 4 Pa. Code § 93.8(a)(6).
Regarding reimbursement for services, the Office of Administration incorporated in its temporary regulations the corresponding provisions of The Rules of The Civil Service Commission but modified reimbursement requirements for examinations delivered at test centers. See 4 Pa. Code § 93.8(b). Under these temporary regulations, an appointing authority will reimburse the Office of Administration on a semi-annual basis for the actual cost of preparing, administering and rating examinations delivered at test centers. Act 69 and Act 167 modernized the civil service hiring process, which resulted in a decrease in the use of test center examinations by appointing authorities and an increase in the use of evaluations of experience and education. Under Act 71, the Office of Administration anticipates a continued decrease in the use of test center examinations. Because some agencies may choose not to use test center examinations or may significantly decrease the use of test center examinations, correlating the costs of the test center examination services to the actual service used by an appointing authority is a more equitable approach to reimbursement. Additionally, in incorporating the previously-referenced provisions of the Commission's regulations, the Office of Administration made minor revisions for clarity.
Electronic records and signatures
Section 601.8 (relating to electronic records and signatures) pertains to electronic records and signatures. This provision allows for the use and acceptance of electronic records, including electronic signatures, provided that such records and signatures conform to the Uniform Electronic Transactions Act (73 P.S. §§ 2260.303—2260.312), and other laws governing electronic records and signatures.
SELECTION OF EMPLOYEES FOR ENTRANCE TO, OR PROMOTION IN, THE CLASSIFIED SERVICE Examinations Requisite for Appointment and Promotion
Application Requirements
Section 602.1 (relating to application requirements) pertains to application requirements for the selection of employees for entrance to, or promotion in, the classified service and implements 71 Pa.C.S. § 2301 (relating to examinations requisite for appointment and promotion). The Office of Administration incorporated in its temporary regulations the corresponding provisions of The Rules of The Civil Service Commission and made appropriate revisions to reflect the statutory transfer of duties from the Commission to the Office of Administration. See 4 Pa. Code § 95.1 (relating to application requirements). In § 602.1(a)(1) and (3), the Office of Administration included provisions to reflect the usage of electronic applications and the implementation of vacancy-based hiring and postings. The Office of Administration clarified in § 602.1(b)(3) that the job specification is the primary basis and source of authority for the evaluation of the minimum qualifications of applicants for examinations. Section 602.1(b)(3) correlates to the Commission regulation at 4 Pa. Code § 95.14(a) (relating to use of class specifications in examinations); however, the Office of Administration believes this subject matter is more appropriately addressed under application requirements. Additionally, under § 602.1(c), the Office of Administration included sexual orientation, gender identity or expression, and AIDS or HIV status to the list of prohibited application questions.
In § 602.1(d), the Office of Administration incorporated in its temporary regulations the Commission regulation set forth at 4 Pa. Code § 95.1(d), but did not adopt provisions relating to applicants addicted to the use of narcotics or intoxicating beverages or with physical or mental disabilities. While the Office of Administration has the authority to specify ''qualifications as permitted by law'' in its regulations and in the announcements of examinations, the Office of Administration does not believe a general inquiry into addictions or physical and mental disabilities is appropriate in the application or examination process. See 71 Pa.C.S. § 2301(c). The Office of Administration includes in its temporary regulations a provision allowing for rejection of applicants and disqualification of eligibles for failure to meet Federal or State law or regulations. Additionally, similar to the Commission regulation at 4 Pa. Code § 95.14, these temporary regulations allow for consideration of lack of professionalism, honesty, trustworthiness and dependability. In § 602.1(e), the Office of Administration includes a provision allowing the acceptance of applications filed after the announced final filing date if the Office of Administration determines extraordinary circumstances exist. In § 602.1(f), the Office of Administration did not include the Commission regulation addressing the conditional admittance and notice of acceptance of an application as those provisions are more appropriately addressed in a policy manual. See 4 Pa. Code § 95.1(f). Also, in incorporating the previously-referenced provisions of the Commission's regulations, the Office of Administration made minor revisions for clarity.
Residence Requirements
Section 602.2 (relating to residence requirements) pertains to residency requirements for the selection of employees for entrance to, or promotion in, the classified service and implements 71 Pa.C.S. § 2301(b). The Office of Administration incorporated in its temporary regulations the corresponding provisions of The Rules of The Civil Service Commission but made appropriate modifications to reflect the statutory transfer of duties from the Commission to the Office of Administration. See 4 Pa. Code § 95.2 (relating to residence requirements). Additionally, under § 602.2(a)(2), the Office of Administration clarified the statutory requirements for former residents. Also, in incorporating the previously-referenced provisions of the Commission's regulations, the Office of Administration made minor revisions for clarity.
Selective Certifications
Section 602.3 (relating to selective certifications) pertains to selective certification for the selection of employees for entrance to, or promotion in, the classified service. The Office of Administration did not adopt the corresponding Commission regulation at 4 Pa. Code § 95.5a (relating to special requirements) because it does not reflect the Act 69 amendment, which was also included in Act 71, requiring consideration of merit-related factors. See 71 Pa.C.S. § 2401(d). Under § 602.3(b), the Office of Administration clarified that appointing authorities must submit written requests to impose special requirements. The Office of Administration did not include specific provisions setting forth criteria necessary for selective certifications because Act 71 specifically addresses those requirements. See 71 Pa.C.S. § 2401(d).
Promotion Procedure
Section 602.4 (relating to promotion procedure) pertains to promotion procedures in the classified service and implements 71 Pa.C.S. § 2301(a) and (d). The Office of Administration incorporated in its temporary regulations the corresponding provisions of The Rules of The Civil Service Commission and made appropriate modifications to reflect the statutory transfer of duties from the Commission to the Office of Administration. See 4 Pa. Code § 95.7 (relating to promotion procedure). The Office of Administration did not adopt the Commission regulation at 4 Pa. Code § 95.7(c)(4)(v) because limiting promotions of individuals in unskilled positions to agencies listed in the definition of classified service is inconsistent with Act 71. See 71 Pa.C.S. § 2301(a)(1). Section 2301(a) of Act 71 does not limit promotion of individuals in unskilled positions to the classified positions set forth in the definition of classified service, but rather, provides for promotion into any classified position immediately above the individuals' own position. Because the definition of classified service does not contain an all-inclusive list of agencies covered by Act 71, it is not appropriate to limit promotions to the agencies listed therein. These temporary regulations also clarify that competitive and noncompetitive promotion without examination is subject to Office of Administration approval and that appointing authorities must provide justification for using a noncompetitive promotion without examination. Additionally, in adopting the previously-referenced provisions of the Commission's regulations, the Office of Administration made minor revisions for clarity.
Nature of Examinations
Frequency of Examinations
Section 602.5 (relating to frequency of examinations) pertains to the frequency of examinations and implements 71 Pa.C.S. §§ 2302 and 2303 (relating to nature of examinations; and holding examination and rating competitors). The Office of Administration incorporated in its temporary regulations the corresponding provision of The Rules of The Civil Service Commission and made appropriate modifications to reflect the statutory transfer of duties from the Commission to the Office of Administration. See 4 Pa. Code § 95.11(a) (relating to frequency of examinations). The Office of Administration did not adopt the Commission regulation at 4 Pa. Code § 95.11(b) because this provision is redundant to section 95.11(a) and does not reflect changes in the administration of civil service examinations that occurred as a result of Act 69 and Act 167, which were subsequently incorporated into Act 71, that modernized the civil service hiring process. Additionally, in adopting the previously-referenced provisions of the Commission's regulations, the Office of Administration made minor revisions for clarity.
Cooperation Regarding Examinations
Section 602.6 (relating to cooperation regarding examinations) pertains to cooperation regarding examinations and implements 71 Pa.C.S. §§ 2302 and 2303. The Office of Administration incorporated in its temporary regulations the corresponding provisions of The Rules of The Civil Service Commission but made appropriate modifications to reflect the statutory transfer of duties from the Commission to the Office of Administration. See 4 Pa. Code § 95.12(a)—(c) (relating to cooperation regarding examinations). The Office of Administration did not adopt provisions in section 95.12(a) of the Commission's regulations that were redundant to other regulatory or statutory provisions or unnecessary given appointing authorities' ability to select the method of examination. Additionally, in adopting the previously-referenced provisions of the Commission's regulations, the Office of Administration made minor revisions for clarity.
Tests in Examinations
Section 602.7 (relating to tests in examinations) pertains to tests in examinations and implements 71 Pa.C.S. §§ 2301(d), 2302 and § 2305 (relating to ratings of competitors). The Office of Administration incorporated in its temporary regulations the corresponding provisions of The Rules of The Civil Service Commission and made appropriate modifications to reflect the statutory transfer of duties from the Commission to the Office of Administration. See 4 Pa. Code § 95.13 (relating to tests in examinations). In adopting the previously-referenced provisions of the Commission's regulations, the Office of Administration made minor revisions for clarity.
Use of Position Description in Examinations.
Section 602.8 (relating to use of position descriptions in examinations) pertains to use of position descriptions in examinations for the selection of employees for entrance to, or promotion in, the classified service, and implements 71 Pa.C.S. §§ 2301(c) and 2302. The Office of Administration incorporated in its temporary regulations the corresponding provisions of The Rules of The Civil Service Commission and made appropriate modifications to reflect the statutory transfer of duties from the Commission to the Office of Administration. See 4 Pa. Code § 95.14. In incorporating the Commission regulation relating to the basis for examination, the Office of Administration changed the primary basis from the classification standards for a job to position descriptions. Under Act 71, examinations must be practical in nature, relate to the duties and responsibilities of the position for which the applicant is being examined, and must fairly test the relative capacity and fitness of individuals examined to perform the duties of the position or class of positions to which the individuals seek to be appointed or promoted. See 71 Pa.C.S. § 2302(b). Consistent with Act 71, the Office of Administration chooses to focus the basis of the examination on the position description and duties because it believes this approach will provide a better assessment of the capacity and fitness of applicants and will result in a more qualified pool of eligibles. Additionally, the Office of Administration did not include in § 602.8 the Commission regulation making the job specification the primary basis and source of authority for the evaluation of the qualifications of applicants for examinations. See 4 Pa. Code § 95.14(a). Instead, the Office of Administration adopted this provision in § 602.1(b)(3) because the Office of Administration believes this subject matter is more appropriately addressed under application requirements.
Further, the Office of Administration did not incorporate in its temporary regulations the implied qualifications set forth in the Commission's regulations. See 4 Pa. Code § 95.14(b). The implied qualifications are redundant to inquiries made to determine merit and fitness under § 602.1(b) and (d) of these temporary regulations, are not appropriate inquiries in the application or examination process, and/or are more appropriately placed in job announcements.
Administration of Examinations
Authority; Administration and Scoring of Examinations; Establishment and Maintenance of Competitive Standards; and Examination Accommodations
Sections 602.9—602.12 pertain to the administration of examinations, including authority for the selection of the method of examination; administration and scoring of examination; and security of competitive standards, and implement 71 Pa.C.S. §§ 2301—2303 and 2305. The Office of Administration incorporated in its temporary regulations the corresponding provisions of The Rules of The Civil Service Commission and made appropriate modifications to reflect the statutory transfer of duties from the Commission to the Office of Administration. See 4 Pa. Code §§ 95.20, 95.21(c), 95.22 and 95.23. In incorporating the corresponding Commission regulations, the Office of Administration did not adopt provisions that were redundant to obligations and duties set forth in Act 71 or that were more appropriately placed in a policy manual or procedures. See 4 Pa. Code §§ 95.21(a), (b); 95.22(a) and 95.23(b) (relating to scheduling of examinations; administration and scoring of examinations; and security of competitive standards). Additionally, § 602.9 (relating to authority) differs from the corresponding Commission regulation at 4 Pa. Code § 95.20 (relating to authority) because the Office of Administration recognizes that appointing authorities are responsible for selecting the method of examination, as required under Act 71. See 71 Pa.C.S. § 2302(b). In § 602.12 (relating to examination accommodations), the Office of Administration incorporated in its temporary regulations the corresponding Commission regulation but clarified that special accommodations may include alternative formats, extended time and an alternate method of examination, after consultation with the appointing authority. See 4 Pa. Code § 95.49 (relating to special examinations). Additionally, in adopting the previously-referenced provisions of the Commission's regulations, the Office of Administration made revisions for clarity.
Public Notice of Examinations
Content and Publication of Examination Announcements
Section 602.13 (relating to content and publication of examination announcements) pertains to public notice of examinations and implements 71 Pa.C.S. § 2304 (relating to public notice of examinations). The Office of Administration incorporated in its temporary regulations the corresponding provision of The Rules of The Civil Service Commission and made appropriate modifications to reflect the statutory transfer of duties from the Commission to the Office of Administration. See 4 Pa. Code § 95.33(a) (relating to content and publication of examination announcements). The Office of Administration did not adopt the Commission regulations relating to maintenance of mailing lists, special assistance in recruitment or content of examination announcements as those provisions are more appropriately addressed in a policy manual. See 4 Pa. Code §§ 95.31, 95.32 (relating to maintenance of mailing lists; and special assistance in recruitment) and § 95.33(b). Additionally, in adopting the previously-referenced provision of the Commission's regulations, the Office of Administration made revisions for clarity.
Ratings of Competitors
Qualifying Points on Examinations; Correction of Errors in Scoring or Eligibility; Calculation of Final Earned Ratings; Determination of Rank in Event of Tie; Examination Analysis and Alternatives; and Review of Eligibility or Examination Results.
Sections 602.14—602.19 pertain to ratings of competitors, including qualifying points on examinations, correction of errors in scoring or eligibility, calculation of final earned ratings; determination of rank in event of tie; examination analysis and alternatives; and review of eligibility or examination results, and implement 71 Pa.C.S. § 2305 and §§ 2306 and 2307 (relating to establishment of eligible lists; and duration of eligible lists). The Office of Administration incorporated in its temporary regulations the corresponding provisions of The Rules of The Civil Service Commission and made appropriate modifications to reflect the statutory transfer of duties from the Commission to the Office of Administration. See 4 Pa. Code §§ 95.41, 95.45—95.49. In incorporating the previously-referenced provisions of the Commission, the Office of Administration made modifications to reflect vacancy-based hiring and the alternate rule to the rule of three as required by Act 71. See 71 Pa.C.S. §§ 2401 and 2402. The Office of Administration did not adopt corresponding Commission regulations relating to the effect of failing a higher but passing a lower level test and the effect of passing a higher but failing a lower level test because those provisions do not reflect current testing procedures. See 4 Pa. Code § 95.41(c) and (d) (relating to qualifying points on examinations).
In § 602.19 (relating to review of eligibility or examination results), the Office of Administration incorporated in its temporary regulations the Commission's corresponding provision regarding procedures for challenging a finding of ineligibility or an examination score, except that the temporary regulations modified the time in which to challenge a finding of ineligibility or an examination score from 30 to 20 days. See 4 Pa. Code § 95.71 (relating to review of eligibility or examination results). Additionally, in adopting the previously-referenced provisions of the Commission's regulations, the Office of Administration made revisions for clarity.
Establishment of Eligible Lists
Eligible Lists
Section 602.20 (relating to eligible lists) pertains to the establishment of eligible lists and implements 71 Pa.C.S. § 2306. The Office of Administration incorporated in its temporary regulations the corresponding provisions of The Rules of The Civil Service Commission and made appropriate modifications to reflect the statutory transfer of duties from the Commission to the Office of Administration. See 4 Pa. Code § 95.51 (relating to eligible lists). Additionally, in adopting the previously-referenced provision of the Commission's regulations, the Office of Administration made revisions for clarity.
Duration of Eligible Lists
Extension and Cancellation of Eligible Lists and Amendment of an Eligible List
Sections 602.21 and 602.22 (relating to extension and cancellation of eligible lists; and amendment of an eligible list) pertain to the duration of employment and promotion list, including extension and cancellation of eligible lists and amendment of an eligible list, and implement 71 Pa.C.S. § 2307. The Office of Administration incorporated in its temporary regulations the corresponding provisions of The Rules of The Civil Service Commission and made appropriate modifications to reflect the statutory transfer of duties from the Commission to the Office of Administration. See 4 Pa. Code §§ 95.61 and 95.63 (relating to extension and cancellation of eligible lists; and amendment of an eligible list). The Office of Administration did not adopt the Commission regulation allowing up to 4 years for the duration of employment and promotion lists. Under Act 71, eligible lists terminate upon the establishment of an appropriate, new, eligible list, unless otherwise prescribed by the Office of Administration. While the Office of Administration may in its discretion fix the duration of eligibility list for a period of 4 years, the Office of Administration does not anticipate establishing lists for a 4-year period and thus, will consider the duration of lists on a case by case basis. See 4 Pa. Code 95.61(a). Additionally, in adopting the previously-referenced provisions of the Commission's regulations, the Office of Administration made revisions for clarity.
APPOINTMENT AND PROMOTION OF EMPLOYEES IN THE CLASSIFIED SERVICE Certification
Multiple Lists; Certification of Eligible Lists; and Effect of Appointment from List.
Sections 603.1—603.3 (relating to multiple lists; certification of eligible lists; and effect of appointment from list) pertain to certification, including multiple lists, certification of eligible lists, effect of appointment from list, and restoration of eligibility and implement 71 Pa.C.S. § 2401. The Office of Administration incorporated in its temporary regulations corresponding provisions of The Rules of The Civil Service Commission and made appropriate modifications to the Commission's regulations to reflect the statutory transfer of duties from the Commission to the Office of Administration. See 4 Pa. Code §§ 97.1—97.4. As authorized by Act 71, the Office of Administration incorporated vacancy-based hiring standards throughout this subchapter. See 71 Pa.C.S. § 2401(1)(i). In incorporating the Commission's regulation relating to duration of certification (4 Pa. Code § 97.3(b) (relating to certification of eligible lists)), the Office of Administration modified the duration of the certification from 60 to 90 business days as required by Act 71. See 71 Pa.C.S. § 2402(b). Additionally, in adopting the previously-referenced provisions of the Commission's regulations, the Office of Administration made revisions for clarity.
Selection and Appointment of Eligibles
Appointment Process; Removal of Eligible for Certification or Appointment; Prohibition Against Securing Withdrawal from Competition; and Consideration of Certified Eligibles.
Sections 603.4—603.7 pertain to the appointment process; removal of eligibles; prohibition against securing withdrawal from competition; and consideration of certified eligible and implement 71 Pa.C.S. § 2402. The Office of Administration incorporated in its temporary regulations corresponding provisions of The Rules of The Civil Service Commission and made appropriate modifications to the Commission's regulations to reflect the statutory transfer of duties from the Commission to the Office of Administration. See 4 Pa. Code §§ 97.11, 97.13, 97.15 and 97.16. As authorized in Act 71, the Office of Administration incorporated standards for the alternate rule throughout this subchapter. See 71 Pa.C.S. §§ 2401 and 2402. In § 603.4(a) (relating to appointment process), the Office of Administration clarified that the rule of three does not prohibit an appointing authority from making an appointment if there are fewer than three available eligibles. This provision was previously in the Commission's definition of the rule of three; however, the Office of Administration determined that it is more appropriately placed in this section. Similarly, section 603.4(b)(4) clarifies that the alternate rule does not prohibit an appointing authority from making an appointment if there are fewer than the alternate rule elected by the appointing authority. In § 603.5 (relating to removal of eligible for certification or appointment), the Office of Administration expanded upon the procedures set forth in the Commission's corresponding regulation regarding removal of eligibles for certification or appointment. See 4 Pa. Code § 97.13 (relating to removal of eligible). In the Commission's corresponding regulation, Management Directive 580.34 (Removal of Eligibles for Certification or Appointment in the Classified Service) is incorporated by reference whereas the Office of Administration prefers regulatory requirements for those procedures. Additionally, in adopting the previously-referenced provisions of the Commission's regulations, the Office of Administration made revisions for clarity.
Substitute Appointments
Conditions for Substitute Appointments and Promotions and Rights of Substitute Employees
Sections 603.8 and 603.9 (relating to conditions for substitute appointments and promotions; and rights of substitute employees) pertain to substitute appointments in the appointment and promotion of employees in the classified service, which implements 71 Pa.C.S. § 2403 (relating to substitution during military leave). The Office of Administration incorporated in its temporary regulations corresponding provisions of The Rules of The Civil Service Commission and made appropriate modifications to the Commission's regulations to reflect the statutory transfer of duties from the Commission to the Office of Administration. See 4 Pa. Code §§ 97.20, 97.22 and 97.24 (relating to conditions for substitute appointments/promotions; rights of substitute employes; and duration of substitute appointments). Act 71 only provides for substitute appointments when an employee in the classified service is granted military leave; therefore, the Office of Administration did not incorporate in its temporary regulations the Commission's regulations that provide for substitute appointments for parental, sick or other leave where right of return is guaranteed or promotion. Additionally, the Office of Administration did not adopt corresponding Commission regulations that were procedural in nature and which are more appropriately addressed in a policy manual. See 4 Pa. Code § 97.21 (relating to evidence of substitute appointment). Additionally, in adopting the previously-referenced provisions of the Commission's regulations, the Office of Administration made revisions for clarity.
Probationary Period
Duration and Extension of Probationary Periods; Effects of Leaves of Absence; Service in Higher-Level Position; Service in Same Level Position; Restoration to Eligible List; Trainee Jobs; Probation Following Promotion; and Notice About Performance.
Sections 603.10—603.17 pertain to probationary periods, including duration and extension of probationary periods; effects of leaves of absence; service in higher-level position; service in same level position; restoration to eligible list; trainee jobs; probation following promotion; and notice about performance, and implement 71 Pa.C.S. §§ 2404 and 2605 (relating to probationary period; and rights of promoted employee during probationary period). The Office of Administration incorporated in its temporary regulations the corresponding provisions of The Rules of The Civil Service Commission and made appropriate modifications to reflect the statutory transfer of duties from the Commission to the Office of Administration. See 4 Pa. Code §§ 97.31—97.39. In § 603.10(a) (relating to duration and extension of probationary periods), consistent with Act 71, the Office of Administration clarified that the length of the probationary period is a minimum of 6 months, as prescribed by the Office of Administration. See 71 Pa.C.S. § 2404(a)(2). In § 603.10(c), the Office of Administration clarified that probationary periods must be successfully completed by employees before regular status is conferred and appointing authorities must act affirmatively to confer regular status. This clarification is consistent with the Commission's current practice and Management Directive 580.8, Amended (Classified Service Probationary Periods). For the same reasons noted previously under substitute appointments, the Office of Administration did not incorporate the Commission regulation requiring vacated positions to be filled on a substitute basis. See 4 Pa. Code § 97.38(1) (relating to probation following promotion). The Office of Administration also clarified in § 603.16(4) (relating to probation following promotion) that a promoted employee who has never held regular status in the classified service does not have a right to return to a probationary status position previously held. Additionally, in adopting the previously-referenced provisions of the Commission's regulations, the Office of Administration made revisions for clarity.
EMPLOYEES IN THE CLASSIFIED SERVICE Service Standards and Ratings
Establishment of System; Reporting of Performance Evaluations; Review of Performance Evaluations; and Application of Performance Evaluations
Sections 604.1—604.4 pertain to the establishment of a job-related system of performance evaluations and implement 71 Pa.C.S. § 2501 (relating to performance ratings). The Office of Administration incorporated in its temporary regulations the corresponding provisions of The Rules of The Civil Service Commission. See 4 Pa. Code §§ 99.11 and 99.13—99.15. The Office of Administration did not adopt the Commission regulation addressing signatures on evaluation forms as those provisions are more appropriately addressed in policy manual. See 4 Pa. Code § 99.14 (relating to review of performance evaluations). In adopting the corresponding provisions of the Commission's regulations, the Office of Administration made modifications for clarity.
Reassignments and Transfers
Reassignments and Transfers Authorized; Initiation of Transfers; Limitation on Transfer; Effect of Transfer on Probationary Period; and Transfer of Classified Service Employees Entering the Senior Management Service
Sections 604.5—604.9 pertain to reassignments and transfers authorized under Act 71. See 71 Pa.C.S. § 2502 (relating to transfers and reassignments). The Office of Administration incorporated in its temporary regulations corresponding provisions of The Rules of The Civil Service Commission. See 4 Pa. Code §§ 99.21—99.24 and 99.27. In incorporating the corresponding provisions, the Office of Administration made appropriate modifications to reflect the statutory transfer of duties from the Commission to the Office of Administration. The Office of Administration did not adopt the Commission regulation relating to effect of reassignment on promotion rights because the content of this provision is more appropriately addressed within a policy manual. See 4 Pa. Code § 99.25 (relating to effect of reassignment on promotion rights). Additionally, in adopting the previously-referenced provisions of the Commission's regulations, the Office of Administration made minor revisions for clarity.
Reductions in Pay or Demotions
Reductions of Pay Within the Same Job; Demotions to a Different Job; and Effect of Demotion on Status
Sections 604.10—604.12 (relating to reductions of pay within the same job; demotions to a different job; and effect of demotion of status) pertain to reductions in pay or demotions, including reductions of pay within the same job, demotions to a different job and effect of demotion on status, and implement 71 Pa.C.S. §§ 2503 (relating to demotions) and 2605. The Office of Administration incorporated in its temporary regulations the corresponding provisions of The Rules of The Civil Service Commission without substantive change other than to reflect the statutory transfer of duties from the Commission to the Office of Administration. See 4 Pa. Code §§ 99.31, 99.32 and 99.34 (relating to reductions of pay within the same class; demotions to a different class; and effect of demotion on status). In adopting the previously-referenced provisions of the Commission's regulations, the Office of Administration made minor revisions for clarity.
Reclassifications; Status of Incumbents of Reclassified Positions
Reclassifications and Effect of Reclassification on Probationary and Regular Status
Sections 604.13 and 604.14 (relating to reclassifications; and effect of reclassification on probationary and regular status) pertain to reclassifications, including effect of reclassification and effect of reclassification on probationary and regular status, and implement 71 Pa.C.S. §§ 2505 (relating to effect of reclassifications) and 2605. The Office of Administration incorporated in its temporary regulations the corresponding provisions of The Rules of The Civil Service Commission and made appropriate revisions to reflect the statutory transfer of duties from the Commission to the Office of Administration. See 4 Pa. Code §§ 99.41 and 99.43 (relating to effect of reclassification; and effect of reclassification on probationary period). In § 604.14(b), appointing authorities must submit requests for reclassifications to the Office of Administration. Additionally, under § 604.13(c), the Office of Administration reserves the right to deny an appointing authority's request for reclassification if it appears the request is designed to circumvent merit system principles as set forth in Act 71. Additionally, in adopting the previously-referenced provisions of the Commission's regulations, the Office of Administration made minor revisions for clarity.
Compensation
Effect of Change in Compensation Schedules
Section 604.15 (relating to effect of change in compensation schedules) pertains to effect of change in compensation schedules and implements 71 Pa.C.S. § 2503 and §§ 2103 and 2609 (relating to definitions; and seniority). The Office of Administration incorporated in its temporary regulations the corresponding provision of The Rules of The Civil Service Commission without substantive change other than to reflect the statutory transfer of duties from the Commission to the Office of Administration. See 4 Pa. Code 99.52 (relating to effect of change in compensation schedules). In adopting the previously-referenced provision of the Commission's regulations, the Office of Administration made minor revisions for clarity.
SEPARATION OF EMPLOYEES
FROM CLASSIFIED SERVICEFurlough
General Provisions
Section 605.1 (relating to general provisions) pertains to furloughs and implements 71 Pa.C.S. §§ 2601 and 2602 (relating to temporary and permanent separations; and furlough). The Office of Administration incorporated in its temporary regulations the corresponding provision of The Rules of The Civil Service Commission without substantive change other than to reflect the statutory transfer of duties from the Commission to the Office of Administration. See 4 Pa. Code § 101.1 (relating to furlough). Additionally, in adopting the previously-referenced provisions of the Commission's regulations, the Office of Administration made minor revisions for clarity.
Removal and Suspension
Generally
Section 605.2 (relating to generally) pertains to removal and suspension and implements 71 Pa.C.S. §§ 2603 and 2607 (relating to suspension; and removal). The Office of Administration incorporated in its temporary regulations the corresponding provisions of The Rules of the Civil Service Commission regarding suspension and made appropriate revisions to reflect the statutory transfer of duties from the Commission to the Office of Administration. See 4 Pa. Code § 101.21(b) (relating to generally). The Office of Administration did not adopt the Commission's regulation at 4 Pa. Code § 101.21(a) because providing examples of good cause for suspension is unnecessary. In removing the examples of ''good cause'' for suspension, the Office of Administration recognizes that such determinations are based on the facts of each particular case. The Office of Administration also included the just cause standard for removal in this section which is based upon statutory authority in Act 71. See 71 Pa.C.S. § 2607. Additionally, in adopting the previously-referenced provisions of the Commission's regulations, the Office of Administration made minor revisions for clarity.
Resignation
General Provisions: Notice of Acceptance or Rejection; Reemployment after Resignation; and Resignation Following Leave of Absence
Sections 605.3—605.6 pertain to resignation, including notice of acceptance or rejection; reemployment after resignation; and resignation following leave of absence, and implement 71 Pa.C.S. 2606 (relating to resignation). The Office of Administration incorporated in its temporary regulations the corresponding provisions of The Rules of The Civil Service Commission and made appropriate revisions to reflect the statutory transfer of duties from the Commission to the Office of Administration. See 4 Pa. Code §§ 101.51, 101.52, 101.54 and 101.55. The Commission's regulations at 4 Pa. Code § 101.51 (relating to general) require written notice for resignations of voluntary termination of employment. The Office of Administration did not adopt the Commission's written notice requirement, but instead, § 605.3 (relating to general) of the temporary regulations recognizes either written or verbal resignations as authorized in Act 71. See 71 Pa.C.S. § 2606(a)(1). The Office of Administration also did not adopt the Commission regulation allowing for approval of reemployment after resignation only where the ''former employee would derive no greater rights or privileges as a result of reinstatement than if continued as a regular employee or granted a leave of absence without pay.'' See 4 Pa. Code § 101.54(b) (relating to reemployment after resignation). The Office of Administration determined that this inquiry is one that an appointing authority should pursue when considering whether to request approval from the Office of Administration as the appointing authority is in a better position to know the circumstances of the reinstatement. Additionally, in adopting the previously-referenced provisions of the Commission's regulations, the Office of Administration made minor revisions for clarity.
Leave of Absence
General; Extension or Renewal of Leave; and Returning Employees
Sections 605.7—605.9 (relating to general; extension or renewal of leave; and returning employees) pertain to leave of absences, including extension or renewal of leave and returning employees, and implement 71 Pa.C.S. § 2608 (relating to leave of absence). The Office of Administration incorporated in its temporary regulations the corresponding provisions of The Rules of The Civil Service Commission and made appropriate revisions to reflect the statutory transfer of duties from the Commission to the Office of Administration. See 4 Pa. Code §§ 101.61, 101.62 and 101.64 (relating to general; extension or renewal of leave; and returning employes). The Office of Administration did not adopt the Commission regulation at 4 Pa. Code § 101.61(b) which addresses substitute employment. As previously indicated, substitute appointments are only applicable to military leave of absences, thus it is not necessary or appropriate to address substitute employment as it pertains to other types of leave of absences. See 71 Pa.C.S. § 2403. Additionally, in adopting the previously-referenced provisions of the Commission's regulations, the Office of Administration made revisions for clarity.
Seniority
Break in Service
Section 605.10 (relating to break in service) pertains to breaks in service and implements 71 Pa.C.S. § 2609. The Office of Administration incorporated in its temporary regulations the corresponding provision of The Rules of The Civil Service Commission and made modifications to reflect the statutory transfer of duties from the Commission to the Office of Administration. See 4 Pa. Code § 101.71 (relating to break in service). In adopting the previously-referenced provisions of the Commission's regulations, the Office of Administration clarified when break in service occurs. The Office of Administration did not adopt the Commission regulation giving service credit for seniority purposes to employees who return within 1 year after a break in service because Act 71 does not authorize such credit. Additionally, in adopting the previously-referenced provisions of the Commission's regulations, the Office of Administration made revisions for clarity.
PROHIBITIONS, PENALTIES AND ENFORCEMENT Office of Administration Review of Legality of Employment
Report of Personnel Change; Action on Personnel Change; and Effect of Out-of-Class Work
Sections 606.1—606.3 (relating to report of personnel change; action on appointment or personnel change; and effect of out-of-class work) pertain to reporting requirements of personnel changes, action on personnel changes, and effect of out-of-class work and implement 71 Pa.C.S. § 2202(2), which grants the Office of Administration broad authority to direct and supervise the administrative work of merit system employment. The Office of Administration incorporated in its temporary regulations the corresponding provisions of The Rules of The Civil Service Commission and made appropriate revisions to reflect the statutory transfer of duties from the Commission to the Office of Administration. See 4 Pa. Code §§ 103.5—103.7 (relating to report of personnel changes; action on personnel changes; and effect of out-of-class work). The Office of Administration did not adopt Commission regulations that were procedural in nature or redundant to requirements set forth in Act 71. See 4 Pa. Code § 103.6(a) and (b). Additionally, in adopting the previously-referenced provisions of the Commission's regulations, the Office of Administration made revisions for clarity.
Political Activity
Prohibited Political Activities; Exception and Applicability; Complaint Procedure; and Complaint Content
Sections 606.4—606.6 (relating to prohibited political activities; exception and applicability; complaint procedure; and complaint content) pertain to political activity, including applicability of the political activity prohibition, complaint procedures and complaint content, and implement 71 Pa.C.S. § 2705 (relating to political activity). The Office of Administration incorporated in its temporary regulations the corresponding provisions of The Rules of The Civil Service Commission and made appropriate revisions to reflect the statutory transfer of duties from the Commission to the Office of Administration. See 4 Pa. Code §§ 103.11—103.13 (relating to exception to prohibited political activities; complaint procedure; and complaint form). Additionally, in § 606.4(b), the Office of Administration incorporated the corresponding Commission regulation at 4 Pa. Code § 103.11, but modified it to conform with case law regarding certain employees on creditable leaves of absence to serve certain collective bargaining organizations. See Pinto v. State Civil Service Commission, 912 A.2d 787 (Pa. 2006). The Office of Administration did not adopt Commission regulations that were redundant to other regulatory provisions (4 Pa. Code § 103.14 (relating to prohibition of assessments)) or redundant to the statutory duties set forth in Act 71 (4 Pa. Code § 103.15 (relating to prohibition of discrimination)). In adopting the previously-referenced provisions of the Commission's regulations, the Office of Administration made modifications for clarity.
Removal and Disqualification of Officers and Employees
Falsification or Concealment of Material Information; Notice of Violation of Act or Regulations; and Penalty for Violation
Sections 606.7—606.9 (relating to falsification or concealment of material information; notice of violation of act or regulations; and penalty for violation) pertain to removal and disqualification of officers and employees, including falsification or concealment of material information; notice of violation of act or regulations; and penalty for violation. Section 606.7 implements 71 Pa.C.S. § 3104(b) (relating to false statement made under oath constitute perjury), and §§ 606.8 and 606.9 implement 71 Pa.C.S. § 2706 (relating to removal and disqualification of officers and employees). The Office of Administration incorporated in its temporary regulations the corresponding provisions of The Rules of The Civil Service Commission and made appropriate revisions to reflect the statutory transfer of duties from the Commission to the Office of Administration. See 4 Pa. Code §§ 103.21—103.23 (relating to falsification or concealment of material information; notice of violation of act or rules; and penalty for violation). In incorporating the Commission's corresponding regulation at 4 Pa. Code § 103.23, the Office of Administration clarified in section 606.9 that individuals removed under 71 Pa.C.S. § 2706 are ineligible for reappointment for a period of time set by the Office of Administration and that the period of time may include permanent ineligibility. Additionally, in adopting the previously-referenced provisions of the Commission's regulations, the Office of Administration made other modifications for clarity.
NOTICE AND HEARINGS Notice
Written Notice Required; Personnel Actions; Statement of Reasons; and Signatory Authority.
Sections 607.1—607.4 pertain to written notice requirements for personnel actions affecting employees and implement 71 Pa.C.S. § 2801 (relating to notice). The Office of Administration incorporated in its temporary regulations the corresponding provisions of The Rules of The Civil Service Commission and made appropriate revisions to reflect the statutory transfer of duties from the Commission to the Office of Administration. See 4 Pa. Code §§ 105.1—105.5. Section 607.1 (relating to written notice required) incorporates the Commission's corresponding regulation regarding advance notice for personnel actions. See 4 Pa. Code § 105.5 (relating to time limits). The Office of Administration included time limits in § 607.1(d) but did not adopt time limits that were redundant to the requirements set forth in Act 71 or that may be more appropriately addressed in a policy manual. In § 607.2 (relating to personnel actions), for consistency and clarity, the Office of Administration incorporated notice requirements for personnel actions relating to probationary employees. See 4 Pa. Code § 101.31 (relating to removal during probationary periods). Under section 607.1(e), written notices of permanent separation, suspension for cause, furlough or involuntary demotion of a regular status employee must provide information on the employee's right to appeal to the Commission. Section 607.2 also requires written notice for the removal of a probationary employee after promotion when the employee is returned to a position or job held prior to promotion. Additionally, in adopting the previously-referenced provisions of the Commission's regulations, the Office of Administration made modifications for clarity.
Practice and Proceedings Before the Office of Administration
Applicability of General Rules of Administrative Practice and Procedure; Hearings Before the Office of Administration; Representation; Authority of Presiding Officer; Record of Proceedings; Evidence; Subpoenas, Post-Hearing Briefs; Final Disposition.
Given the limited investigative nature of most hearings that will be held by the Office of Administration under Act 71, the Office of Administration determined that it was more practicable to promulgate regulations for its hearings rather than follow the general format and/or content of The Rules of The Civil Service Commission or adopt 1 Pa. Code, Part II (relating to General Rules of Administrative Practice and Procedure) (GRAPP).
Accordingly, § 607.5 (relating to applicability of General Rules of Administrative Practice and Procedure) supersedes 1 Pa. Code Part II and makes GRAPP inapplicable to proceedings before the Office of Administration. Under § 607.6(a) and (b) (relating to hearings before the Office of Administration), all hearings must be open to the public and either the Secretary of Administration or designees authorized by the Secretary of Administration as presiding officers may conduct hearings scheduled by the Office of Administration. Section 607.6(c) and (d) set forth the types of administrative hearings the Office of Administration may hold—discretionary hearings and eligible list cancellation hearings. See 71 Pa.C.S. §§ 2202(a)(10) and 2307(d). Section 607.6(c) also provides burden of proof procedures for discretionary hearings under 71 Pa.C.S. § 2202(a)(10). Section 607.6(e) addresses hearing notice requirements, including advance notice of scheduled hearings, content of notices and required posting by the Office of Administration. Section 607.6(f) provides standards for consolidation procedures, which are comparable to GRAPP procedures. See 1 Pa. Code § 35.45 (relating to consolidation). In § 607.6(g), the Office of Administration allows for severance of proceedings when the proceedings lack a common question of law or fact. Similar to GRAPP procedures, § 607.6(h) gives presiding officers authority to grant requests for continuances; however, the temporary regulations require a showing of good cause. Similar to the Commission's regulations at 4 Pa. Code § 105.18(b) (relating to procedure under section 951(d) of the act (71 P.S. § 741.951(d)), § 607.6(i) allows hearings to proceed when an interested individual or appointing authority fail to appear. Section 607.6(j) allows for additional hearings and evidence under limited circumstances which is similar to GRAPP procedures. See 1 Pa. Code §§ 35.231—35.233 (relating to reopening of record).
Section 607.7 (relating to representation) concerns representation at hearings and is similar to the Commission's regulations at 4 Pa. Code § 105.14 (relating to legal representation). Section 607.8 (relating to authority of presiding officer) sets forth the authority of the presiding officer and is similar to GRAPP procedures. See 1 Pa. Code § 35.187 (relating to authority delegated to presiding officers). Section 607.9 (relating to record of proceedings) concerns the record of proceedings and is comparable with GRAPP procedures. See 1 Pa. Code § 35.131 (relating to recording of proceedings). Sections 607.10 and 607.11 (relating to evidence; and subpoenas) are similar to the Commission's regulations at 4 Pa. Code §§ 105.13(a) and 105.14(a) (relating to form of hearing; and subpoenas). Section 607.12 (relating to post-hearing briefs) permits post-hearing briefs and is similar to GRAPP procedures. See 1 Pa. Code §§ 35.191—35.193 (relating to proceedings in which briefs are to be filed; content and form of briefs; and filing and service of briefs). Section 607.13 (relating to final disposition) addresses final dispositions and allows for proposed final dispositions when the presiding officer is not the Secretary of Administration.
Fiscal Impact and Paperwork Requirements
This temporary rulemaking should have minimal adverse fiscal impact on the Commonwealth or its political subdivisions. These temporary regulations transfer existing duties from the Commission to the Office of Administration. Other than the costs of the transition of duties, which is a statutory mandate, the Office of Administration does not anticipate increased costs for appointing authorities, the Commission or the Office of Administration. In fact, after the initial transition, the Office of Administration anticipates a decrease in costs due to the continued reduction in the use of test center examinations as well as the decommissioning of outdated Commission information technology systems. Appointing authorities that choose to use test center examinations will pay the actual cost of administering those examinations, instead of spreading those costs amongst appointing authorities that choose not to utilize that type of examination.
Sunset Date
The Office of Administration will monitor the cost effectiveness of its regulations and will do so with respect to these temporary regulations. Because these temporary regulations will expire 3 years following the publication of these temporary regulations, the Office of Administration will re-assess the regulations and the effectiveness of the temporary regulations in formulating proposed and final rulemakings.
Regulatory Review
These temporary regulations are statutorily exempt from the Regulatory Review Act (71 P.S. §§ 745.1—745.15).
Public Comment
During the drafting of these temporary regulations, the Office of Administration solicited and received comment from the public. The Office of Administration invited collaboration and comment from appointing authorities and other interested stakeholders while drafting these temporary regulations. After considering the input from appointing authorities and other interested stakeholders, the Office of Administration distributed an exposure draft to appointing authorities and stakeholders and again considered the input, and where appropriate, incorporated the suggestions and comments in the annex and preamble. The Office of Administration will solicit additional input when formulating the proposed and final rulemakings.
MICHAEL NEWSOME,
Secretary(Editor's Note: Title 4 of the Pennsylvania Code is amended by adding temporary regulations in §§ 601.1—601.8, 602.1—602.22, 603.1—603.17, 604.1—604.15, 605.1—605.10, 606.1—606.9 and 607.1—607.13 to read as set forth in Annex A.)
Fiscal Note: 99-11. No fiscal impact; (8) recommends adoption.
[Continued on next Web Page]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
