PROPOSED RULEMAKING

OFFICE OF ADMINISTRATION

[4 PA. CODE CHS. 601a—607a AND 608—615]

Civil Service Reform

[54 Pa.B. 4437]
[Saturday, August 3, 2024]

 The Office of Administration proposes to promulgate permanent regulations in Chapters 608—615 (relating to civil service reform) by replacing the current temporary regulations codified in Chapters 601a—607a, which expire on March 12, 2025, with the proposed permanent regulations which are set forth in Annex A.

Statutory Authority

 The Office of Administration, under 71 Pa.C.S. § 2203(a) (relating to regulations), which authorizes the Office of Administration to promulgate regulations necessary to carry out the provisions of 71 Pa.C.S. Part III (relating to civil service reform) publishes this proposed rulemaking to read as set forth in Annex A.

Purpose of this Proposed Rulemaking

 This proposed rulemaking establishes the regulatory structure for administration of the classified service, the Commonwealth's merit system of employment, in accordance with 71 Pa.C.S. Part III, commonly referred to as the Civil Service Reform Act (act), added under the act of June 28, 2018 (P.L. 460, No. 71).

Summary of the Proposed Rulemaking

 The Office of Administration promulgated temporary regulations published at 49 Pa.B. 1297 (March 16, 2019), which took effect on March 28, 2019, and expired on March 12, 2022. Thereafter, the Office of Administration promulgated new temporary regulations published at 52 Pa.B. 1454 (March 12, 2022), which took effect on March 12, 2022, and will expire on March 12, 2025. To ensure proper administration of the classified service, the Office of Administration proposes comprehensive permanent regulations addressing application to, and employment in, civil service positions, as well as practice and procedure before the Secretary of Administration.

 This proposed rulemaking incorporates most of the provisions contained in the March 2022 temporary regulations. However, this proposed rulemaking differs from, and expands upon, the March 2022 temporary regulations in several key aspects. First, to provide clarity to the internal recruitment process, this proposed rulemaking adds a definition of ''referral.'' This proposed rulemaking also adds provisions allowing appointing authorities to cap the number of applicants to a position. This proposed rulemaking further streamlines the reassignment process by implementing a new, two-step analysis to determine whether job classifications are ''similar'' under 71 Pa.C.S. § 2502 (relating to transfers and reassignments). In a similar vein, this proposed rulemaking adds a provision allowing appointing authorities to develop additional merit-related requirements for transfers and reassignments. Finally, this proposed rulemaking simplifies the removal process for Senior Management Service employees by adding a provision that allows an appointing authority to remove an employee who is employed in a Senior Management Service position, without first returning the employee to a civil service position, when just cause exists for their immediate removal.

 It bears noting that prior to enactment of the act, the State Civil Service Commission was responsible for the administration of the classified service. To that end, the State Civil Service Commission promulgated various regulations in Subpart A (relating to rules of the Civil Service Commission). On May 18, 2023, the State Civil Service Commission rescinded regulatory provisions that became obsolete upon enactment of the act. These obsolete regulations addressed many of the same topics addressed by the Office of Administration's proposed rulemaking. The State Civil Service Commission's remaining regulations either pertain to its appellate jurisdiction, or are invalid by operation of law and will be reserved by the State Civil Service Commission in the near future. To the extent that the State Civil Service Commission's remaining regulations conflict with this proposed rulemaking, this proposed rulemaking would control. See 71 Pa.C.S. §§ 2201 and 2202 (relating to transfer of duties; and duties of Office of Administration) and 2203.

Chapter 608. General Provisions

General Provisions

 Proposed § 608.1 (relating to short title) establishes the short title of Subpart B as the ''Civil Service Reform Regulations.''

 Proposed § 608.2 (relating to purpose) sets forth the purposes of this proposed rulemaking, which is to effectuate civil service reform, as required by the act. Subsection (b) provides that this regulation is to be read in conjunction with the act.

 Proposed § 608.3 (relating to definitions) provides definitions of terms used throughout this proposed rulemaking. Definitions set forth in the act are incorporated into proposed § 608.3 by reference. In large part, the definitions contained in proposed § 608.3 are substantively the same as those contained in the Office of Administration's temporary regulation, § 601a.3 (relating to definitions). Of note, the Office of Administration carries forward the definition of ''alternate rule'' contained in its temporary regulation. Under this definition, an appointing authority is authorized to elect the use of an alternate rule. The term ''alternate rule'' stems from 71 Pa.C.S. § 2402(b)(2) (relating to selection and appointment of eligibles), which provides, in relevant part, ''[i]f the vacant position is to be filled from an eligible list, the appointing authority shall select an individual who is among the three highest-ranking available individuals on the certification of eligibles, unless the Office of Administration has specified prior to testing the eligibles on the eligible list that either all available individuals regardless of ranking or a specified alternative number other than three of the highest-ranking available individuals shall be used in making selections for the classification.'' (Emphasis added.) Notably, 71 Pa.C.S. § 2402 does not address who has the authority to elect to use an alternate rule; rather, the provision only prohibits the use of an alternate rule unless the Office of Administration notes the use of the alternate rule prior to an examination. In light of this statutory gap and in accordance with its authority under 71 Pa.C.S. § 2202, the Office of Administration has empowered appointing authorities to make the decision regarding use of an alternative rule. The Office of Administration made this decision, as it is logical and appropriate for an appointing authority to have some level of discretion over the size of its applicant pool.

 Several minor changes were made to definitions carried forward from the Office of Administration's temporary regulation. For example, the term ''appointment'' is amended to delete language indicating that the acceptance of an offer of employment does not constitute an appointment. This language was added to § 601a.3 in response to an adjudication issued by the State Civil Service Commission involving the amendment of an eligible list. Specifically, in Lynn v. Department of Corrections, Appeal No. 30245 (Adjudication, 2020), reversed on other grounds Department of Corrections v. Lynn, 306 A.3d 338 (Pa. 2023), the State Civil Service Commission held that under the then-issued temporary regulations, an appointing authority could not rescind a conditional offer of employment once it had been accepted when the basis for rescinding the offer was an amendment to the eligible list. However, because proposed § 610.17 (relating to amendment of eligible lists) now makes clear that amendments may occur up to the point of an employee starting employment after being lawfully appointed or promoted to a position, the noted language is unnecessary to include in the definition of ''appointment.''

 In addition to the amendment of the definition of ''appointment,'' proposed § 608.3 adds a definition for the term ''referral,'' defining it as ''the submission of the names of one or more applicants by the Office of Administration to an appointing authority to fill one or more positions through internal recruitment methods.'' This term was added to notate the difference between the examination process and internal recruitment process, as well as to differentiate from the term ''certification,'' which is used in 71 Pa.C.S. § 2401 (relating to certification) and is applicable only to the examination process. The authority for developing an internal recruitment process stems from 71 Pa.C.S. §§ 2301(d)(3), 2502(c), 2503(b) and 2606(a)(2). Specifically, 71 Pa.C.S. § 2301(d)(3) (relating to examinations requisite for appointment and promotion) permits employees to seek promotion without examination but does not establish the process for effectuating the promotion. Equally, 71 Pa.C.S. § 2502(c) delegates to the Office of Administration authority to develop the process for transfers and reassignments, and 71 Pa.C.S. § 2503(b) (relating to demotions) permits employees to seek a voluntary demotion ''upon written request'' but, again, does not establish the process. Finally, 71 Pa.C.S. § 2606(a)(2) (relating to resignation) permits the reinstatement of an employee ''[u]pon the request of an appointing authority[;]'' however, the process by which an employee expresses their interest in reinstatement is not addressed by the act. To account for these statutory gaps, the Office of Administration developed the internal recruitment process. Proposed §§ 610.28—610.35 (relating to appointment and promotion through internal recruitment methods) set forth the substantive requirements regulating the internal recruitment process.

 Proposed § 608.4 (relating to veteran's preference) reaffirms application of veterans' preference to certain positions within the classified service, in accordance with 51 Pa.C.S. Chapter 71 (relating to veterans' preference). This proposed rulemaking also clarifies the documentation necessary to establish an applicant's status as a veteran, surviving spouse or spouse of a disabled veteran in accordance with 51 Pa.C.S. § 7108 (relating to preference of spouses). Specifically, applicants who served and were discharged should submit their DD 214, DD 215, statement of service or other military documentation during the application process. Similarly, applicants currently serving in the guard/reserves should submit their DD 214 or NGB-22 during the application process. Applicants that are completing a tour of active duty and are within 90 days of discharge should submit a projected discharge letter at the time of application. If selected for appointment, they must then submit their DD 214 prior to their start date. Finally, this proposed rulemaking establishes the powers and duties of the Special Advisor for Veterans' Programs, as required by the act under 71 Pa.C.S. § 2202(a)(12).

 Proposed § 608.5 (relating to age preference) addresses application of age preference to classified service positions within the Department of Aging. Specifically, section 2203-A(b) of The Administrative Code of 1929 (71 P.S. § 581-3(b)) requires that the Department of Aging afford preference ''to persons sixty years of age or older'' when filling vacancies within the Department of Aging. To effectuate this requirement, the Office of Administration reads section 2203-A(b) of The Administrative Code of 1929 in pari materia with the act. See, e.g., DOC v. Lynn, 306 A.3d 338, 356 (Pa. 2023) (''the General Assembly [has] command[ed] to construe statutes in pari materia together, if possible, as one statute. This instruction applies when statutes or parts of statutes relate to the same persons or things or to the same class of persons or things.''). Accordingly, proposed § 608.5 requires the Office of Administration to notate eligibles' age preference status on certifications provided to the Department of Aging. This proposed rulemaking also clarifies that, when a certified eligible list issued to the Department of Aging contains the names of an eligible qualifying for veterans' preference under 51 Pa.C.S. Chapter 71 and an eligible qualifying for age preference under section 2203-A(b) of The Administrative Code of 1929, the Department of Aging may select either eligible for appointment. Finally, it bears noting that proposed § 608.5 is substantively consistent with the Department of Aging's regulation concerning age preference at 6 Pa. Code § 5.4 (relating to preference in filling civil service positions).

 Proposed § 608.6 (relating to reasonable accommodations) pertains to reasonable accommodations for individuals with disabilities seeking employment in the classified service. The Office of Administration includes this provision in this proposed rulemaking to ensure that individuals with disabilities understand how to request accommodations, and to ensure compliance with Federal and State laws, including the Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12101—12213). Information on submitting requests for accommodations in the application and examination process shall be available on the Office of Administration's web site at www.employment.pa.gov.

 Proposed § 608.7 (relating to service to departments, boards and commissions, agencies and political subdivisions; reimbursement for services) implements 71 Pa.C.S. § 2901 (relating to service and cooperation), which makes the merit employment services of the Office of Administration available to departments, boards, commissions, agencies and political subdivisions of the Commonwealth. This proposed rulemaking also addresses how appointing authorities shall reimburse the Office of Administration for merit employment services. Specifically, under subsection (a), departments, boards, commissions, agencies and political subdivisions of the Commonwealth seeking to use the Office of Administration's merit system employment services must submit a written request for the same. Thereafter, the parties will enter into a signed agreement for the provision of services. The method for reimbursement for the Office of Administration's services is set forth in subsection (b). Finally, subsection (c) makes it clear that personnel actions taken under the written agreement must conform with the act and this proposed rulemaking.

 Proposed § 608.8 (relating to electronic records and signatures) relates to electronic records and signatures. This provision allows for the use and acceptance of electronic records, including electronic signatures, provided that these records and signatures conform to sections 301—312 of the Electronic Transactions Act (73 P.S. §§ 2260.301—2260.312) and other laws governing electronic records and signatures.

Chapter 609. Classification System

 Proposed § 609.1 (relating to general) reaffirms that the Office of Administration will utilize the Commonwealth's classification system, as established by the Executive Board, for positions within the classified service, unless otherwise set forth in a written contract or agreement under proposed § 608.7. The basis for proposed § 609.1 is 71 Pa.C.S. 2504 (relating to classification and compensation). With respect to written contracts or agreements under proposed § 608.7, the Executive Board's authority to establish a classification system does not apply to political subdivisions of the Commonwealth. Consequently, when a political subdivision of the Commonwealth utilizes the Office of Administration's merit system employment services, the Office of Administration must maintain a separate classification system for the political subdivision of the Commonwealth.

 Proposed § 609.2 (relating to trainee job classifications) addresses trainee job classifications, as contemplated by 71 Pa.C.S. § 2404 (relating to probationary period). Specifically, proposed § 609.2 authorizes the use of trainee job classifications within the classified service, subject to the approval of the Executive Board, and provided the trainee job classification corresponds to a working level job classification.

 Proposed § 609.3 (relating to intern job classifications) authorizes the use of intern job classifications within the classified service, subject to the approval of the Executive Board, and provided the intern job classification corresponds to at least one trainee or working level job classification. Although the act does not address intern job classifications, the Executive Board, which has the exclusive authority over the Commonwealth's classification system under section 709 of The Administrative Code of 1929 (71 P.S. § 249), frequently creates intern job classifications, which meet the definition of ''classified service'' under 71 Pa.C.S. § 2103 (relating to definitions) and, therefore, must be included in the classified service. To address this gap, the Office of Administration developed proposed § 609.3.

 Proposed § 609.4 (relating to minimum qualifications) addresses the qualifications necessary for application to, or employment in, positions in the classified service. Specifically, under proposed subsection (a), an applicant to a position in the classified service must meet the minimum qualifications for employment in the job classification for which the applicant applied, as set forth in the applicable job specification. Similarly, under proposed subsection (b), an employee employed in the classified service must meet the minimum qualifications for employment in the job classification in which the employee is employed, as set forth in the applicable job specification. The terms ''minimum qualifications'' and ''job specification'' are defined in proposed § 608.2. Finally, it should be noted that minimum qualifications for classified service job classifications are established by the Executive Board, under section 709 of The Administrative Code of 1929. The Office of Administration is required to utilize and enforce these minimum qualifications under 71 Pa.C.S. § 2504.

 Proposed § 609.5 (relating to unclassified service) permits appointing authorities to request that the Office of Administration include a position or group of positions in the unclassified service when the position or group of positions meet the definition of ''unclassified service,'' as set forth in 71 Pa.C.S. § 2103. Specifically, under subsection (a), an appointing authority seeking to include a position or group of positions in the unclassified service must submit a written request to the Office of Administration, stating the basis for the request and including all supporting documentation. Subsection (b) addresses the criteria considered by the Office of Administration when reviewing requests based on a position's participation in policy decisions. This criteria includes a review of the position's general degree of decision-making, as well as organizational placement and pay assignment, as these factors are typically indicative of a position's autonomy and discretion in the policy-making process. Similarly, subsection (c) addresses the criteria considered by the Office of Administration when reviewing requests based on the position being used for a limited term special study, project or internship. This criteria includes a review of the type and nature of work performed by the position, as, with respect to internships, the definition of ''unclassified services'' makes clear that when the work should be performed by an individual in the classified service, inclusion of the internship position in the unclassified service is inappropriate. The Office of Administration also considered whether the position offers general work experience for a student enrolled in an educational program, and whether the position is an entry level employment opportunity for a student enrolled in an educational program, to ensure that the position is properly designated as an internship.

Chapter 610. Appointments and Promotions in the Classified Service

Subchapter A. Residency Requirement

 Proposed § 610.1 (relating to residency requirement) implements the Pennsylvania residency requirement for application to a position in the classified service, which is contained in 71 Pa.C.S. § 2301(b). Under 71 Pa.C.S. § 2301(b), applicants to positions in the classified service must be residents of this Commonwealth, as defined in 71 Pa.C.S. § 2301(b), unless the residency requirement is waived due to a lack of qualified applicants. This proposed rulemaking makes clear that the residency requirement does not apply to an individual who was previously a regular employee and who is returned to employment from an approved leave of absence, through mandatory reemployment or through contractual recall or placement rights, since the preference under 71 Pa.C.S. § 2301(b) applies only to individuals applying for a position in the classified service. This proposed rulemaking also makes clear that an applicant who is attending college, university or technical school outside of this Commonwealth but maintains their residence in this Commonwealth while their college, university or technical school is not in session is a resident under 71 Pa.C.S. § 2301(b). Equally, this proposed rulemaking addresses the residency status of members of the armed forces of the United States and their spouses. Finally, this proposed rulemaking addresses county preference, under which an appointing authority may request the Office of Administration to limit certification to eligibles residing in a specific county within this Commonwealth. County preference is authorized by 71 Pa.C.S. § 2301(c). Specifically, 71 Pa.C.S. § 2301(c) permits the Office of Administration to limit certification to eligibles who are residents of a ''district.'' In turn, the courts have interpreted the term ''district'' to mean county. Cambria Cnty. Mental Health/Mental Retardation v. State Civ. Serv. Comm'n (Cotton), 756 A.2d 103 (Pa. Cmwlth. 2000); Humphreys v. State Civ. Serv. Comm'n, 301 A.2d 400 (Pa. Cmwlth. 1973) (en banc); Donahue v. State Civil Serv. Comm'n (Dep't of Human Servs.), 253 A.3d 845 (Pa. Cmwlth. 2021) (Table Op.).

Subchapter B. Recruitment Methods; Selective Criteria

 Proposed § 610.2 (relating to recruitment methods) addresses the recruitment methods applicable to the classified service. Specifically, proposed subsection (a) explains that the default recruitment method for a vacant position in the classified service is an examination, as set forth in 71 Pa.C.S. § 2301(a). Proposed subsection (b) permits appointing authorities to utilize internal methods (promotion without examination, transfer, reassignment, demotion, reinstatement) in place of examination to recruit applicants for vacant positions in the classified service. This provision is based on 71 Pa.C.S. § 2301(d), which allows for promotions without examination; 71 Pa.C.S. § 2502, which allows for transfer and reassignments; 71 Pa.C.S. § 2503, which allows for voluntary demotions; and 71 Pa.C.S § 2606(a)(2), which allows for reinstatement. Proposed subsection (c) further permits appointing authorities to limit application to specific work locations when using internal recruitment methods to fill a vacant position. Finally, proposed subsection (d) explains the precedence given to preferred reemployment lists and mandatory reemployment lists, as required by 71 Pa.C.S. §§ 2602 and 2608 (relating to furlough; and leave of absence).

 Proposed § 610.3 (relating to selective criteria) implements 71 Pa.C.S. § 2401(d), which authorizes the Office of Administration to selectively certify eligibles based on merit-related criteria, provided the selective certification is dictated by operational conditions of the appointing authority and is in the interest of the Commonwealth. This proposed rulemaking clarifies that use of selective criteria is subject to the approval of the Office of Administration. This proposed rulemaking further explains that selective criteria may include a bona fide occupational qualification deemed necessary for employment in a specific position or other factors necessary to comply with Federal and State laws and regulations.

Subchapter C. Vacancy Postings and Application Process

 Proposed § 610.4 (relating to vacancy postings) concerns vacancy postings for positions in the classified service, setting forth the required content of a vacancy posting and explaining that vacancy postings will be available through the Office of Administration's web site at www.employment.pa.gov. This proposed rulemaking also addresses corrective actions the Office of Administration may require an appointing authority to take when a vacancy posting does not conform to the requirements set forth in this proposed rulemaking. The authority for proposed § 610.4 stems from the Office of Administration's authority in 71 Pa.C.S. § 2202 to maintain the Commonwealth's merit system and direct and supervise the administrative work of the merit system. To that end, through proposed § 610.4, the Office of Administration seeks to develop uniform requirements for advertising a vacant position in the classified service, to ensure consistency among the appointing authorities.

 Proposed § 610.5 (relating to application requirements) pertains to application requirements. While the act references applications, it does not set forth requirements concerning the context and use of applications. Therefore, under its authority to maintain the Commonwealth's merit system and direct and supervise the administrative work of the merit system, as set forth in 71 Pa.C.S. § 2202, the Office of Administration seeks to ensure consistency in the application process through § 610.5. Specifically, proposed subsection (a) sets forth the requirements for submitting to the Office of Administration an application for employment in the classified service. Under this proposed rulemaking, applicants must include on their application all information necessary for determining whether the applicant possesses the minimum qualifications for employment in the relevant job classification and, when applicable, the selective criteria required for appointment or promotion to the specific position to which the applicant applied. The Office of Administration may reject an application that is untimely or incomplete, and it may also limit the number of applications accepted for a vacancy, provided notice of this limitation is included on the vacancy posting. Finally, under subsection (b) of this proposed rulemaking, applications cannot contain questions concerning an applicant's age, race, color, religious creed, ancestry, national origin, gender, sexual orientation, gender identity or expression, political opinions or affiliations, union membership or affiliations, AIDS or HIV status or disability unless these questions are necessary to comply with Federal or State laws and regulations, including laws and regulations on equal opportunity, or are necessary to conduct research required to validate selection procedures. The basis for subsection (b) is twofold. First, 71 Pa.C.S. § 2704 (relating to prohibition of discrimination) prohibits discrimination in the examination process on the basis of race, gender, religion, disability or political, partisan or labor union affiliation or other nonmerit factors. Second, various Federal and State laws prohibit discriminatory employment practices on the basis of an individual's age, race, color, religious creed, ancestry, national origin, gender, sexual orientation, gender identity or expression, political opinions or affiliations, union membership or affiliations, AIDS or HIV status, or disability.

 Proposed § 610.6 (relating to evaluation of applications) addresses the Office of Administration's evaluation of applicants' qualifications for employment in a classified service position. Under this proposed rulemaking, the Office of Administration must determine whether an applicant possesses the minimum qualifications for employment in the job classification and, when applicable, the selective criteria required for appointment or promotion to the position to which the applicant applied. The primary basis and source of authority for the Office of Administration's evaluation of qualifications is the job specification of the job classification, which are promulgated by the Executive Board and set forth the minimum qualifications necessary for employment in the job classification. Often, a job classification's minimum qualifications require interpretation by the Office of Administration, since they use broad terminology such as ''paraprofessional experience.'' Accordingly, this proposed rulemaking permits the Office of Administration to develop aids for interpreting minimum qualifications. These aids represent the Office of Administration's official interpretation of the various minimum qualifications and are binding for purposes of evaluations. The Office of Administration's practice of using aids to interpret minimum qualifications has been in place since the enactment of the act in 2019, and these aids have been afforded deference by the State Civil Service Commission in the adjudicative process. See, e.g., Nestor v. Off. of Admin., Appeal No. 31142 (SCSC 2024); accord Phan v. Off. of Admin., Appeal No. 30284 (SCSC 2020).

 Under proposed § 610.6, an applicant who is determined to not possess the minimum qualifications for employment in the job classification and, where applicable, the selective criteria required for appointment or promotion to the position to which the applicant applied, will receive notice of their ineligibility from the Office of Administration, and the Office of Administration is not required to score the applicant's examination or refer the applicant. Applicants who believe the Office of Administration erred in evaluating their qualifications may request reconsideration by the Office of Administration or otherwise file an appeal with the State Civil Service Commission under 71 Pa.C.S. § 3003(7)(ii) (relating to duties of commission).¹ Where reconsideration is sought, and the Office of Administration determines that an applicant was improperly determined to lack the minimum qualifications or selective criteria required for employment in a job classification or position, the Office of Administration will score the applicant's examination and, if the applicant obtains a passing examination score, certify the applicant's name to the appropriate eligible list or otherwise refer the applicant's name to the appointing authority with instructions that the appointing authority must consider the applicant for appointment or promotion to the vacancy in accordance with the act and the subpart. Proposed § 610.6 effectuates section 217 of The Administrative Code of 1929 (71 P.S. § 77), as well as 71 Pa.C.S. §§ 2202 and 2302 (relating to nature of examinations) and § 2504.

 Proposed § 610.7 (relating to audit of applications) addresses the auditing of applicants' applications. Under this proposed rulemaking, information submitted on an applicant's application is subject to auditing by the Office of Administration. The regulation also permits the Office of Administration to deem an applicant ineligible, or remove an individual from a position, if the Office of Administration cannot confirm information included on an applicant's application. Proposed § 610.6 effectuates section 217 of The Administrative Code of 1929, as well as 71 Pa.C.S. §§ 2202, 2302 and 2504 and § 2701 (relating to periodic audits of employees by Office of Administration).

Subchapter D. Examinations

 Proposed § 610.8 (relating to selection of examination method), which implements 71 Pa.C.S. § 2302, addresses examination methods. Under this proposed rulemaking, the appointing authority selects the method of examination to be used for the job classification or position. An appointing authority may not develop and administer their own examination, without written authorization from the Office of Administration.

 Proposed § 610.9 (relating to development of examinations) addresses development of examinations. The basis for this provision is 71 Pa.C.S. § 2303 (relating to holding examinations and rating competitors), which empowers the Office of Administration to prepare and administer examinations. Under this proposed rulemaking, the Office of Administration may develop and administer written, oral and performance tests, as well as assessments of education, training and experience. The Office of Administration may authorize further tests, as the circumstances warrant. Under this proposed rulemaking, position descriptions shall be the primary basis and authority for the content and difficulty of said examinations, and supplemental job information may be used as a further basis for examination standards. This proposed rulemaking affirms that no examination will require an applicant to provide information concerning their age, race, color, religious creed, ancestry, national origin, gender, sexual orientation, gender identity or expression, political opinions or affiliations, union membership or affiliations, AIDS or HIV status, or disability; nor will the information be required in another manner by an official or employee of the Office of Administration or of an appointing authority. This proposed rulemaking permits the Office of Administration to collaborate with appointing authorities or other qualified individuals regarding the content of examinations. Finally, when multiple tests or assessments constitute the entirety of an examination, this proposed rulemaking permits the Office of Administration to consider the relative value of tests or assessments and fix the relative weights.

 Proposed § 610.10 (relating to administration of examinations) addresses the administration of examinations and effectuates 71 Pa.C.S. § 2303. Under this proposed rulemaking, the Office of Administration will administer examinations to establish employment and promotion lists. The Office of Administration shall publish notices of examinations, may collaborate with appointing authorities or other qualified individuals in administering examinations, and will notify applicants of admittance or non-admittance to an examination. The Office of Administration is not required to examine an applicant who lacks the established requirements for admission or minimum qualifications in the relevant job class. Moreover, this proposed rulemaking enables the Office of Administration to refuse to examine an applicant for additional reasons, set forth in proposed subsection (e), such as where the applicant has been convicted of a crime that renders the applicant unfit for the position sought, the applicant was previously terminated from prior employment due to incompetence or misconduct that renders the applicant unfit for the position sought, or where the applicant lacks professionalism, honesty, trustworthiness or dependability.

 Proposed § 610.10 mirrors the Office of Administration's temporary regulation in § 602a.10 (relating to administration of examinations) and the Office of Administration intends to interpret and apply these regulations in the same manner. When considering whether to refuse to examine an applicant based on reasons such as criminal conduct, termination from prior employment or a lack of professionalism, the Office of Administration reviews each situation on a case-by-case basis and exercises its discretion only where there is a clear nexus to the relevant position. For example, when an applicant has been convicted of a crime, the Office of Administration will consider whether the criminal conduct reasonably casts doubt on the applicant's ability to perform the duties of the position. The Office of Administration may refuse to examine an applicant who was recently convicted of embezzlement when the applicant is seeking appointment to a position involving public funds or sensitive information. Equally, the Office of Administration would likely not refuse to examine an applicant who has been convicted of driving under the influence when the applicant is seeking appointment to a position that does not involve driving. Consistent with 18 Pa.C.S. § 9125 (relating to use of records for employment), the Office of Administration considers only felony and misdemeanor convictions and does not consider summary offenses, mere arrests or pending charges.

 The Office of Administration performs a similar analysis when considering whether to refuse to examine an applicant based on termination from prior employment or a lack of professionalism, honesty, trustworthiness or dependability. For example, the Office of Administration would likely not refuse to examine an applicant who was terminated from their prior employment due to an inability to do a specific task when the position sought by the applicant does not involve that specific task. Equally, the Office of Administration may refuse to examine an applicant based on a lack of professionalism or dependability when the applicant failed to attend the interview without prior notice or subsequent follow-up, but the same result would likely not occur when the applicant provided prior notice and explanation. However, it again bears noting that the Office of Administration reviews each situation on a case-by-case basis and exercises its discretion only when there is a clear nexus to the relevant position. The examples provided here are hypotheticals offered to illustrate how proposed § 610.10 may be applied, and the ultimate outcome of each situation will vary based on the totality of the facts presented.

 Finally, proposed § 610.10 addresses failure of an applicant to appear for an in-person examination. This proposed rulemaking also empowers the Office of Administration to cancel, postpone or reschedule examinations, and provides that the Office of Administration may designate the time frame in which an applicant may retake an examination. The Office of Administration did not specify the exact time frame for applicants to retake an examination, as the time frame may be dependent on the relevant job classification, the needs of the appointing authority and the terms of collective bargaining agreements.

 Proposed § 610.11 (relating to promotion examinations) addresses promotion examinations. Specifically, under this proposed rulemaking, promotion examinations are open to probationary and regular employees occupying a position with a lower maximum salary than the position relevant to the examination. This proposed rulemaking further permits the Office of Administration to limit entrance to promotion examinations. The basis for proposed § 610.11 is 71 Pa.C.S. § 2301.

 Proposed § 610.12 (relating to prohibited conduct in examinations) addresses prohibited conduct in examinations. Under this proposed rulemaking, individuals may not cheat, seek undue advantages or improperly use examination materials. The Office of Administration may disqualify applicants who violate this section. This provision is based upon 71 Pa.C.S. §§ 2202 and 2303 and § 2703 (relating to misdemeanors).

 Proposed § 610.13 (relating to scoring of examinations) addresses scoring of examinations and implements 71 Pa.C.S. § 2305 (relating to ratings of competitors). Under subsections (a) and (b), the Office of Administration shall set qualifying raw scores, taking into consideration the number and quality of prospective eligibles, and may disqualify an applicant who fails to earn a qualifying score on any part of an examination. Under subsection (c), the Office of Administration may rank or group applicants using their final examination scores. Subsection (d) affirms the calculation of veterans' preference in the scoring process, while subsections (e) and (f) require the Office of Administration to correct and report discovered errors in applicants' examination scores and permits applicants to request reconsideration of their examination score, respectively. Reconsideration by the Office of Administration under subsection (f) is limited to a re-review of the applicant's examination. Finally, subsection (g) permits the Office of Administration to not score applicants who lack the established requirements for admission to the examination, or who lack minimum qualifications for employment in the relevant job classification or, when applicable, the selective criteria required for employment in the specific position to which the applicant applied. This proposed rulemaking also permits the Office of Administration to refuse to score applicants based on the same factors set forth in proposed § 610.10(e). To ensure consistency, the Office of Administration applies the same nexus-based analysis to proposed §§ 610.13(g) and 610.10(e).

 Proposed § 610.14 (relating to examination analysis and alternatives) addresses examination analysis and alternatives. Under this proposed rulemaking, the Office of Administration will initiate analysis to ensure examinations do not discriminate based on nonmerit factors and it further provides that the Office of Administration may, after investigation, invalidate examinations and substitute an alternative method of examination. Due to the numerous variables that are associated with examination analysis, this proposed rulemaking is written in a manner that affords the Office of Administration flexibility in conducting an examination analysis and addressing its findings. For example, the Office of Administration must ensure that examinations do not have a disparate impact on applicants based on factors such as race, gender, age, education level and national origin and, where a disparate impact is discovered, the Office of Administration requires the flexibility to address the impact in the most effective manner, which may range from retooling an examination for future use, to invalidation of an examination. The basis for proposed § 610.14 is 71 Pa.C.S. §§ 2202, 2303 and 2704. Notably, 71 Pa.C.S. § 2704 prohibits discrimination in the examination process. Finally, it bears noting that proposed § 610.14 mirrors the Office of Administration's temporary regulation at § 602a.14 (relating to examination analysis and alternatives), which in turn was based on the State Civil Service Commission's former regulation at § 95.48 which was reserved in 2023.

Subchapter E. Establishment of Eligible Lists

 Proposed § 610.15 (relating to creation of eligible lists) addresses the creation of eligible lists, which shall consist of the names of applicants who qualified for and passed the examination. The nomenclature for an applicant whose name is on an eligible list is ''an eligible.'' This provision implements 71 Pa.C.S. § 2306 (relating to establishment of eligible lists).

 Proposed § 610.16 (relating to duration of eligible lists) effectuates 71 Pa.C.S. § 2307 (relating to duration of eligible lists) and directs that the duration of eligible lists will be fixed by the Office of Administration based on the needs of the Commonwealth.

 Proposed § 610.17 addresses amendment of eligible lists. Under this proposed rulemaking, the Office of Administration may amend an eligible list to correct a clerical error, including correcting an eligible's score, to indicate a change in an eligible's veteran status, to add or remove an eligible's name, or to suspend or change an applicant's eligibility for certification, appointment or promotion. Amendments may not disadvantage an individual who has started employment after being appointed or promoted based on a valid certification previously issued. The basis for proposed § 610.17 is 71 Pa.C.S. § 2307. Specifically, 71 Pa.C.S. § 2307(c) permits the Office of Administration to correct clerical errors in connection with the preparation of an eligible list and revise the list accordingly.

 Proposed § 610.18 (relating to replacement and integration of eligible lists) addresses the replacement and integration of eligible lists. Under this proposed rulemaking, the Office of Administration may replace earlier eligible lists or may integrate eligible lists using an equivalent list. Eligibles whose names remain on a list being replaced shall be notified of their opportunity to participate in the examination. The basis for this provision is 71 Pa.C.S. § 2306, which requires the Office of Administration to establish and maintain as many lists as necessary to meet the needs of the Commonwealth.

 Proposed § 610.19 (relating to cancellation of eligible lists) addresses the cancellation of eligible lists. The basis for proposed § 610.19 is 71 Pa.C.S. § 2307(d), which permits the Office of Administration to cancel an eligible list where there is illegality or fraud in the creation of the list. Under this proposed rulemaking, the Office of Administration may cancel an eligible list due to illegality or fraud, after holding a public hearing under Chapter 615 (relating to practice and proceedings before the Office of Administration). Upon cancellation, eligibles shall be notified of the cancellation.

Subchapter F. Certification of Eligibles

 Proposed § 610.20 (relating to request for certification) addresses requests for certifications and implements 71 Pa.C.S. § 2401. Under this proposed rulemaking, the Office of Administration will issue to the appointing authority as many certifications as necessary to satisfy the employment needs of the appointing authority. Similarly, the Office of Administration shall certify as many types of eligible lists as requested by the appointing authority, thereby effectuating 71 Pa.C.S. § 2306.

 Proposed § 610.21 (relating to content of certification) addresses the content of certifications and implements 71 Pa.C.S. § 2401. Under this proposed rulemaking, certified eligible lists will contain the names of those eligibles who received a passing final examination score. Subsections (b) and (c) affirm the usage of veterans' preference and age preference, as relevant.

 Proposed § 610.22 (relating to duration of certification) addresses the duration of certifications. Under this proposed rulemaking, certified eligible lists shall be valid for 90 business days, as required by 71 Pa.C.S. § 2402.

 Proposed § 610.23 (relating to refusal to certify; removal from certification) addresses refusal to certify and removals from certification. Under this proposed rulemaking, the Office of Administration is not required to certify, and may otherwise remove, an eligible who lacks the minimum qualifications for employment in the relevant job classification or, where applicable, the selective criteria required for appointment or promotion to the specific position to which the eligible applied. Additionally, the Office of Administration is not required to certify, and may otherwise remove, an eligible based on the same factors set forth in proposed § 610.10(e). To ensure consistency, the Office of Administration applies the same nexus-based analysis to proposed §§ 610.23 and 610.10(e). Proposed § 610.23 effectuates 71 Pa.C.S. §§ 2306 and 2402.

Subchapter G. Appointment and Promotion of Eligibles from Certified Eligible Lists

 Proposed § 610.24 (relating to rule of three and alternate rule) addresses the rule of three and alternate rule. Subsection (a) directs that unless an appointing authority elects to use an alternate rule, the rule of three shall apply when selecting an eligible. Subsection (b) sets forth that an appointing authority may elect to use an alternate rule when selecting an eligible. Finally, subsection (c) requires that, during the process of making the multiple appointments or promotions from a single certified eligible list, the appointing authority shall follow the same procedure for each appointment or promotion made. Proposed § 610.24 effectuates 71 Pa.C.S. § 2402.

 Proposed § 610.25 (relating to assessment of eligibles) addresses the assessment of eligibles. The Office of Administration draws its authority for this proposed rulemaking from its broad authority to implement and oversee the Commonwealth's merit system of employment, set forth in 71 Pa.C.S. § 2202(a), as well as 71 Pa.C.S. § 2402, which addresses the selection of eligibles. Under this proposed rulemaking, an appointing authority may conduct an interview or otherwise assess relative suitability for appointment or promotion of a certified eligible, but the assessment must be based on merit-related criteria and be conducted in accordance with the act and this subpart. The term ''merit-related,'' which is used numerous times throughout this proposed rulemaking, stems from 71 Pa.C.S. § 2704, which prohibits discrimination in the examination, application and hiring process based on nonmerit factors. Criteria is merit-related where it ''touch[es] upon [an individual's] competency and ability in some rational and logical manner.'' Galant v. Com., Dep't of Envtl. Res., 626 A.2d 496, 498 n.2 (Pa. 1993).

 Proposed § 610.26 (relating to removal of eligible from eligible list) addresses removal of an eligible from an eligible list. Subsection (a) sets forth the requirements for an appointing authority's request to remove an eligible. Subsection (b) provides the process for an eligible to respond to an appointing authority's request for a list removal. Finally, subsection (c) sets forth the Office of Administration's authority to grant or deny an appointing authority's list removal request. The duration of a list removal is subject to the discretion of the Office of Administration, based on the totality of the circumstances. For example, an eligible may be removed from a list for 6 months after repeated failures to attend scheduled interviews, or a list removal may be indefinite in duration where the eligible has made repeated threats of violence toward individuals involved in the hiring process. Because circumstances are often unique, it would be nearly impossible to set definite time frames in this proposed rulemaking. However, to ensure consistency among similar circumstances, the Office of Administration tracks list removal durations and attempts to levy list removals in an equitable manner. Proposed § 610.26 effectuates 71 Pa.C.S. §§ 2306 and 2402.

 Proposed § 610.27 (relating to prohibition against securing withdrawal from competition) prohibits an eligible from influencing another eligible to withdraw from competition for a position in the classified service. Under this proposed rulemaking, the Office of Administration may take appropriate action if an eligible violates this proposed rulemaking. The basis for this provision is 71 Pa.C.S. § 2703.

Subchapter H. Appointment and Promotion through Internal Recruitment Methods

 Proposed § 610.28 (relating to referral of applicants) addresses the referral of applicants who apply for employment in the classified service through internal recruitment methods. Under this proposed rulemaking, upon the closing of a vacancy posting limited to internal recruitment methods, the Office of Administration will refer to the appointing authority the names of those applicants available for appointment or promotion. The Office of Administration is not required to refer an applicant who lacks the minimum qualifications or for other factors enumerated in subsection (b). These enumerated factors mirror those in proposed § 610.10(e). Therefore, to ensure consistency, the Office of Administration applies the same nexus-based analysis to proposed §§ 610.28 and 610.10(e). Finally, proposed § 610.28 implements 71 Pa.C.S. §§ 2301, 2502, 2503 and 2606. The provision further effectuates section 217 of The Administrative Code of 1929, which requires all Commonwealth employees be qualified for the job classification that they hold.

 Proposed § 610.29 (relating to reassignment) addresses reassignment and implements 71 Pa.C.S. § 2502(c), which permits the Office of Administration to develop the method by which employees can be reassigned in the classified service. Under this proposed rulemaking, an employee in the classified service may seek appointment to a vacant position through reassignment, provided the position is in the same or similar job classification to which the employee currently holds. The Office of Administration will determine whether job classifications are similar by reviewing whether the job classifications are in the same occupational field and whether movement from one job classification to the other job classification represents a logical career movement for the employee. If either factor is met, the job classifications shall be considered similar. In addition to the criteria set by the Office of Administration, an appointing authority may limit application for a reassignment based on additional, merit-related criteria.

 Proposed § 610.30 (relating to transfer) addresses transfer and implements 71 Pa.C.S. § 2502(c), which permits the Office of Administration to develop the method by which employees can be transferred in the classified service. Under this proposed rulemaking, an employee in the classified service may seek appointment to a vacant position through a transfer, provided the position is in the same job classification held by the employee. In addition to the criteria set by the Office of Administration, an appointing authority may limit application for a transfer based on additional, merit-related criteria.

 Proposed § 610.31 (relating to voluntary demotion) addresses voluntary demotion. Under this proposed rulemaking, an employee in the classified service may seek appointment to a vacant position through demotion, provided the position is in a lower job classification in which the employee previously held regular status, or which the employee is otherwise qualified to hold. Proposed § 610.31 implements 71 Pa.C.S. § 2503.

 Proposed § 610.32 (relating to reinstatement) addresses reinstatement. Under this proposed rulemaking, an applicant who previously held regular status in the classified service and who resigned or otherwise voluntarily separated from that employment may seek appointment to a vacant position through reinstatement, provided the position is in the same job classification from which the applicant resigned. Proposed § 610.32 effectuates 71 Pa.C.S. § 2606(a)(2), which permits an individual to reinstate into the job classification from which the individual resigned.

 Proposed § 610.33 (relating to promotion) addresses promotion and implements 71 Pa.C.S. §§ 2301 and 2404 and § 2505 (relating to effect of reclassifications). Subsection (a) enumerates the methods by which a vacancy may be filled by promotion. Subsection (b) enumerates the circumstances in which a promotion without examination may be accomplished. With respect to intern job classifications, although the act does not address classified service internships, the Executive Board, which has the exclusive authority over the Commonwealth's classification system under section 709 of The Administrative Code of 1929, frequently creates intern job classifications, which meet the definition of classified service under 71 Pa.C.S. § 2103 and, therefore, must be included in the classified service. Because 71 Pa.C.S. § 2404(a) requires every employee complete a probationary period, employees in intern job classifications must serve a probationary period. However, given the nature of internships, which are not intended to be permanent employment, it is not practical for an employee to attain regular status in intern job classifications. Therefore, to address this gap, the Office of Administration exercised its authority under 71 Pa.C.S. § 2202 to develop a promotion without examination process for internships, similar to that of trainees. Under this process, an intern who has successfully completed the duration of the internship may be promoted without further examination to the higher-level (working-level) job classification, provided the intern possesses the minimum qualifications for employment in the higher-level job classification.

 Subsection (c) sets forth the eligibility requirements for all promotions, regardless of method. Subsection (d) addresses collective bargaining agreement terms, insofar as they relate to promotions. Under this subsection, a collective bargaining agreement will control, provided the terms are not otherwise contrary to the act. This language is supported by PSCOA v. SCSC, 939 A.2d 296 (Pa. 2007), which held that while a collective bargaining agreement may contain provisions regarding the promotion process, it cannot be construed to invalidate or contradict the substantive requirements of the act. Subsection (e) of proposed § 610.33 sets forth the definitions of ''meritorious service'' and ''seniority'' as those terms are used in this proposed rulemaking.

 Proposed § 610.34 (relating to assessment of referred applicants) addresses assessment of referred applicants. The Office of Administration draws its authority for this proposed rulemaking from its broad authority to implement and oversee the Commonwealth's merit system of employment, set forth in 71 Pa.C.S. §§ 2202(a), 2301, 2502, 2503 and 2606. The provision further effectuates section 217 of The Administrative Code of 1929, which requires all Commonwealth employees be qualified for the job classification that they hold. Under this proposed rulemaking, an appointing authority may conduct an interview or otherwise assess relative suitability for appointment or promotion of a referred applicant, but the assessment must be based on merit-related criteria. As previously noted, the term ''merit-related'' stems from 71 Pa.C.S. § 2704, which prohibits discrimination in the examination, application and hiring process based on nonmerit factors. Criteria is merit-related where it ''touch[es] upon [an individual's] competency and ability in some rational and logical manner.'' Galant v. Com., Dep't of Envtl. Res., 626 A.2d 496, 498 n.2 (Pa. 1993).

 Proposed § 610.35 (relating to prohibition against securing withdrawal from competition) prohibits an applicant from influencing another applicant to withdraw from competition for a position in the classified service. Under this proposed rulemaking, the Office of Administration may take appropriate action if an applicant violates this proposed rulemaking. The basis for this provision is 71 Pa.C.S. § 2703.

Subchapter I. Emergency Appointments

 Proposed § 610.36 (relating to emergency appointments) addresses emergency appointments and implements 71 Pa.C.S. § 2407 (relating to emergency appointments). Subsection (a) grants authority to appointing authorities to appoint a qualified applicant during limited emergency situations for a period of 30 calendar days. Subsection (b) addresses the status of emergency employees. Subsection (c) requires an appointing authority to report to the Office of Administration details regarding an emergency appointment and grants the Office of Administration the ability to take corrective actions if it determines that the emergency appointment does not conform with the act or this proposed rulemaking. Finally, subsection (d) grants the Office of Administration the authority to extend the emergency appointment period for up to an additional 30 calendar days.

Chapter 611. Employees in the Classified Service

Subchapter A. Probationary Periods after Appointment or Promotion

 Proposed § 611.1 (relating to probationary periods required) directs that employees in the classified service shall serve a probationary period after an appointment or promotion, unless otherwise stated in the act or this proposed rulemaking. This provision stems from 71 Pa.C.S. § 2404 and § 2605 (relating to rights of promoted employee during probationary period), which make clear that an employee must serve a probationary period after an appointment or promotion.

 Proposed § 611.2 (relating to duration and extension of probationary periods) addresses the duration and extension of probationary periods. Under this proposed rulemaking, the minimum length of a probationary period shall be 6 months and the full length shall be determined by the Office of Administration. This proposed rulemaking also sets forth that a probationary period may be extended by the appointing authority to a maximum of 18 months, and the appointing authority must notify the Office of Administration of this extension. This provision implements 71 Pa.C.S. § 2404(a)(2), which establishes the minimum and maximum duration of a probationary period.

 Proposed § 611.3 (relating to probationary period following reassignment or transfer) addresses probationary periods following a reassignment or transfer. Subsection (a) sets forth that an employee who has achieved regular status and who is appointed through reassignment or transfer shall retain regular status. Subsection (b) requires an employee, who has never achieved regular status, to continue to serve the unexpired portion of their probationary period after a reassignment or transfer, or to begin a new probationary period if doing so was a condition of their appointment. The basis for this proposed rulemaking is 71 Pa.C.S. § 2502(c), which permits the Office of Administration to establish the manner by which transfers and reassignments shall be accomplished.

 Proposed § 611.4 (relating to probationary period following demotion) addresses probationary periods following demotion. Subsection (a) sets forth that an employee who has achieved regular status and who is demoted shall retain regular status. Subsection (b) addresses the demotion of an employee who has never achieved regular status. Notably, the act does not address an employee's status following a demotion; as such, this proposed rulemaking is intended to fill this gap in a manner consistent with 71 Pa.C.S. § 2404(a)(1), which states that no appointment or promotion will be considered complete until the expiration of a probationary period.

 Proposed § 611.5 (relating to probationary period following reinstatement) addresses probationary periods following reinstatement. Under this proposed rulemaking, an appointing authority may waive the probationary period if the former employee is reinstated within 2 years. If more than 2 years have expired since the former employee's resignation, the former employee shall serve the probationary period. As with demotions, the act does not address an employee's status following reinstatement. Accordingly, this proposed rulemaking is intended to fill this gap in a manner consistent with 71 Pa.C.S. § 2404(a)(1), which states that no appointment or promotion will be considered complete until the expiration of a probationary period.

 Proposed § 611.6 (relating to probationary period following promotion) addresses probationary periods following promotion. Subsection (a) sets forth that an employee who has achieved regular status and who is promoted shall serve a probationary period, subject to the enumerated conditions. Subsection (b) addresses the status of employees returned from promotion. Subsection (c) sets forth that an employee who is promoted and who has never held regular status in the classified service does not have a right to return to a probationary status position previously held. When an employee fails the probationary period of the higher-level position, without having attained regular status in the position held prior to promotion, the employee will be separated by the appointing authority. The basis for this proposed rulemaking is 71 Pa.C.S. §§ 2404 and 2605 and § 2604 (relating to removal during probationary period).

 Proposed § 611.7 (relating to probationary period of trainees) addresses the probationary periods of trainees. Subsection (a) sets forth that a trainee shall maintain the status of a probationary employee. Subsections (b) and (c) set forth the minimum and maximum time periods for the probationary period, including extensions. Subsections (d) and (e) set forth the promotion or removal provisions for trainees at the end of their probationary periods. The basis for this proposed rulemaking is 71 Pa.C.S. § 2404.

 Proposed § 611.8 (relating to probationary period of interns) addresses the probationary periods of interns. Subsection (a) sets forth that an intern shall maintain the status of a probationary employee. Subsection (b) sets forth the minimum and maximum time periods for the probationary period. Subsection (c) concerns promotions after internships. Subsections (d) and (e) set forth the promotion or removal provisions for interns at the end of their probationary periods. Although the act does not address classified service internship, as noted previously, the Executive Board, which has the exclusive authority over the Commonwealth's classification system under section 709 of The Administrative Code of 1929, frequently creates intern job classifications, which meet the definition of classified service under 71 Pa.C.S. § 2103 and therefore must be included in the classified service. Because 71 Pa.C.S. § 2404(a) requires every employee complete a probationary period, the Office of Administration, in accordance with its broad authority under 71 Pa.C.S. § 2202, developed this proposed rulemaking to address the gap in the act.

 Proposed § 611.9 (relating to credit towards probationary period) addresses credit towards probationary period. Under this proposed rulemaking, a probationary employee who is temporarily assigned the duties of a higher-level position shall have the period during which they are performing the higher-level duties credited toward the lower-level probationary period, and where an appointing authority reassigns a probationary employee to another position in the same or a similar job classification within the appointing authority, the employee shall be credited with time served in the previous position towards the completion of the probationary period required for the present position. Notably, the act is silent with respect to credit towards an employee's probationary period. Therefore, the Office of Administration, in accordance with its broad authority under 71 Pa.C.S. § 2202, developed this proposed rulemaking to address the gap in the act.

 Proposed § 611.10 (relating to effect of leave of absence on probationary period) addresses the effect of a leave of absence on a probationary period. Under this proposed rulemaking, leaves of absence shall not count towards probationary periods, and an appointing authority may require a new, full probationary period after a leave of absence exceeding 30 consecutive days. Although 71 Pa.C.S. § 2608 addresses leaves of absence from the classified service, the act does not address the impact of a leave of absence on a probationary period. Therefore, the Office of Administration, in accordance with its broad authority under 71 Pa.C.S. § 2202, develops this proposed rulemaking to address the gap in the act.

 Proposed § 611.11 (relating to effect of a leave of absence for military duty on probationary period) addresses the effect of a leave of absence for military duty on a probationary period. Under this proposed rulemaking, leaves of absence for military duty shall not count towards probationary periods. Although 71 Pa.C.S. § 2403 (relating to substitution during military leave) addresses filling of a vacancy left by an employee who takes a leave of absence for military duty, the act is silent with respect to the impact of a leave of absence on a probationary period. To fill this gap, the Office of Administration developed this proposed rulemaking.

 Proposed § 611.12 (relating to conferment of regular status and removal of probationary employees) addresses the conferment of regular status and removal of probationary employees, and it implements 71 Pa.C.S. § 2404. Subsections (a) and (b) set forth that appointing authorities shall evaluate the employee's performance. Subsections (c) and (d) detail the conferment of regular status or removal of a probationary employee based upon the performance evaluation.

Subchapter B. Employee Performance Evaluations

 Proposed § 611.13 (relating to performance evaluations generally) addresses performance evaluations of employees in the classified service. Specifically, this proposed rulemaking, which implements 71 Pa.C.S. § 2501 (relating to performance ratings), requires appointing authorities to establish and maintain a job-related system of performance evaluations for employees in the classified service. Performance evaluations are subject to the review and approval of the Office of Administration.

 Proposed § 611.14 (relating to completion of performance evaluations) sets forth the time frame for completing performance evaluations, requiring that they be completed at least once each year, unless a different schedule is approved by the Office of Administration. The basis for this proposed rulemaking is 71 Pa.C.S. § 2501.

 Proposed § 611.15 (relating to retention of performance evaluations) concerns retention of performance evaluations and review by the Office of Administration. Specifically, this proposed rulemaking requires that appointing authorities retain copies of a regular employee's performance evaluation for a period of 3 years. This proposed rulemaking further provides that, upon request by the Office of Administration, performance evaluations shall promptly be made available by an appointing authority to the Office of Administration. The basis for this proposed rulemaking is 71 Pa.C.S. § 2501.

 Proposed § 611.16 (relating to review of performance evaluations) sets forth the protocol for appointing authorities to provide the results of a performance evaluation to an employee and the employee's opportunity to review the performance evaluation. The basis for this proposed rulemaking is 71 Pa.C.S. § 2501.

 Proposed § 611.17 (relating to use of performance evaluations) enumerates the uses of performance evaluations. Specifically, performance evaluations may be utilized for purposes of determining eligibility for promotion, to assist in establishing priority for promotion or for determining order of furlough. The basis for this proposed rulemaking is 71 Pa.C.S. § 2501.

Subchapter C. Movement of Employees by Appointing Authorities

 Proposed § 611.18 (relating to reassignment by appointing authority) addresses reassignment by appointing authority and effectuates 71 Pa.C.S. § 2502(c), which permits the Office of Administration to develop the method by which employees can be reassigned in the classified service. Under this proposed rulemaking, an appointing authority may reassign an employee to another position in the same or similar job classification. The Office of Administration will determine whether job classifications are similar by reviewing whether the job classifications are in the same occupational field and whether movement from one job classification to the other job classification represents a logical career movement for the employee. If either factor is met, the job classifications shall be considered similar.

 Proposed § 611.19 (relating to transfer by appointing authority) addresses transfer by appointing authority and effectuates 71 Pa.C.S. § 2502(c), which permits the Office of Administration to develop the method by which employees can be transferred in the classified service. Under this proposed rulemaking, appointing authorities, upon agreement, may transfer an employee to another position in the same job classification with a different appointing authority. A transfer must be approved by the Office of Administration, and the Office of Administration can disapprove a transfer if it is not in compliance with the act and this proposed rulemaking, or if it otherwise violates merit principles.

 Proposed § 611.20 (relating to involuntary demotions) provides that an appointing authority may demote an employee who does not satisfactorily perform their duties to a position in any job classification that the employee previously held regular status, or to any position for which the employee is qualified. The basis for this proposed rulemaking is 71 Pa.C.S. § 2503.

 Proposed § 611.21 (relating to status after movement of employees by appointing authorities) specifies the provisions of §§ 611.1—611.12 (relating to probationary periods after appointment or promotion) shall apply to appointments made in accordance with this subchapter. The basis for this proposed rulemaking is 71 Pa.C.S. § 2404.

Subchapter D. Reclassifications by the Office of Administration

 Proposed § 611.22 (relating to reclassifications) addresses reclassifications and effectuates 71 Pa.C.S. § 2505. Subsection (a) details when a reclassification is required. Subsections (b) and (c) detail the process for an appointing authority to request reclassification review by the Office of Administration, and the Office of Administration's approval or denial.

 Proposed § 611.23 (relating to effect of reclassification on status) provides that an employee reclassified laterally or to a lower-level job classification shall retain their current status. The basis for this proposed rulemaking is 71 Pa.C.S. § 2505.

Subchapter E. Compensation

 Proposed § 611.24 (relating to effect of change in compensation schedules) provides that the effect of changes in compensation schedules, with no significant change in job specifications, will have no effect upon status and seniority and are not promotions or demotions. This proposed rulemaking is intended to acknowledge that the Executive Board will frequently update pay scales for job classifications within the classified service under section 709 of The Administrative Code of 1929.

Chapter 612. Separation of Employees from the Classified Service

Subchapter A. Leaves of Absence

 Proposed § 612.1 (relating to leaves of absence generally) addresses leaves of absence and effectuates 71 Pa.C.S. § 2608. Subsections (a)—(c) set forth that an employee shall submit a written request for a leave of absence, which shall be for a definite period not to exceed 2 years, and which may be granted at the discretion of the appointing authority. Subsection (d) provides that an employee may submit a written request to extend this leave of absence, not to exceed 12 years. Notably, the act does not address issues concerning the duration of a leave of absence. Under the former practice of the State Civil Service Commission, leaves of absence were granted for a definite period not to exceed 2 years, with the option to be extended up to 12 total years. For continuity after the enactment of the act, the Office of Administration, under its general authority under 71 Pa.C.S. § 2202(a) to implement and administer the merit system, adopted the practice of the State Civil Service Commission. Subsection (e) enumerates the employee's return rights. Subsection (f) provides that certifications from a preferred reemployment list shall take precedence over all other eligible lists and referrals from internal recruitment methods. Finally, subsection (g) clarifies the scope of these leaves of absence shall not apply to military service and leaves of absence for employment in the Senior Management Service.

 Proposed § 612.2 (relating to leaves of absence for military duty) addresses leaves of absence for military duty and is intended to implement 71 Pa.C.S. § 2608, as well as ensure compliance with the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) (38 U.S.C. §§ 4301—4335). Subsection (a) instructs that an appointing authority shall grant a leave of absence to an employee for military duty. Subsection (b) addresses the method for which an employee may seek a leave of absence for military duty. Subsection (c) provides that the duration of the leave of absence shall coincide with the duration of the employee's military duty and subsection (d) affirms an employee on a leave of absence for military duty shall have a guaranteed right of return, as prescribed by USERRA.

 Proposed § 612.3 (relating to vacancies due to leaves of absence for military duty) addresses vacancies due to leaves of absence for military duty. The basis for this proposed rulemaking is 71 Pa.C.S. § 2403. Subsection (a) provides that the vacated position shall be left vacant or filled by a substitute employee. Subsection (b) addresses the process for which the substitute employee shall vacate the position upon the return of the incumbent and subsection (c) addresses the process for which a substitute employee shall be converted to a permanent position upon failure of the incumbent to return to the position within the time frame provided by USERRA. Finally, subsection (d) addresses the rights of the substitute employee.

 Proposed § 612.4 (relating to leave of absence for Senior Management Service employment) addresses leaves of absence for Senior Management Service employment and is based upon 71 Pa.C.S. § 2608. Subsections (a) and (b) provide that an employee who accepts a Senior Management Service position shall be granted a leave of absence for the duration coinciding with their employment in the Senior Management Service. Finally, subsection (c) sets forth the circumstances under which an appointing authority may remove an employee from a Senior Management Service position without the need to first return the employee to a classified service position.

Subchapter B. Furlough

 Proposed § 612.5 (relating to furlough) addresses furlough and implements 71 Pa.C.S. § 2602. Subsection (a) dictates that a furlough shall occur only because of a lack of funds or a lack of work. Subsection (b) defines the term ''furlough units'' and dictates the use of furlough units. Subsections (c) and (d) provide the order of furlough as employees in provisional, temporary, emergency, probationary and regular statuses. Subsections (e)—(g) establish an employee's rights before and after furlough. Subsection (h) enumerates the requirements of certifying reemployment lists of furloughed employees. Subsections (i) and (j) establish the protocols for refusals of reemployment from mandatory and optional reemployment lists. Finally, subsection (k) provides that collective bargaining agreements, if they exist, are controlling.

Subchapter C. Removal and Suspension

 Proposed § 612.6 (relating to removal), which implements 71 Pa.C.S. § 2607 (relating to removal), establishes that just cause for removal of a regular employee must be based on at least one merit-related reason.

 Proposed § 612.7 (relating to suspension) addresses suspensions and implements 71 Pa.C.S. § 2603 (relating to suspension). Under this proposed rulemaking, an appointing authority may suspend an employee for good cause, which shall be based on at least one merit-related reason. Subsections (a) and (b) also detail the rules governing suspensions pending investigations and the duration of suspensions.

Subchapter D. Resignation

 Proposed § 612.8 (relating to notice of resignation) establishes the criteria for a resignation and is based upon 71 Pa.C.S. § 2606. Specifically, this proposed rulemaking requires that a notice of resignation be evidenced by an affirmative statement, either written or oral, of the employee's intent to resign.

 Proposed § 612.9 (relating to effective date of resignation) establishes the criteria for determining the effective date of resignations. Under this proposed rulemaking, when an employee gives notice of the effective date of resignation, the employee will cease work on the specified date. When an employee does not specify an effective date of resignation, the resignation shall take effect immediately. A resignation submitted during or at the termination of a leave of absence shall be effective on the date submitted. Notably, although 71 Pa.C.S. § 2606 addresses resignations, it does not address the effective date of resignations. To fill this gap, the Office of Administration developed this proposed rulemaking.

 Proposed § 612.10 (relating to acceptance or rejection of resignation), which implements 71 Pa.C.S. § 2606(b), addresses acceptance or rejection of resignations. Subsection (a) sets forth that an appointing authority shall respond to an employee's notice of resignation. Subsection (b) provides that resignations will not bar an appointing authority's ability to remove an employee for causes that occur or become known during the period between the acceptance and the effective date of the resignation. Subsections (c) and (d) address an employee's withdrawal of resignation and an appointing authority's rescission of acceptance after resignation, respectively.

Subchapter E. Seniority

 Proposed § 612.11 (relating to break in service) addresses breaks in service. Subsection (a) enumerates what constitutes a break in service for the purposes of seniority. Subsections (b)—(d) establish the effect of a break in service, furlough, leaves of absence and involuntary demotions on seniority. The basis for this proposed rulemaking is 71 Pa.C.S. § 2609 (relating to seniority), which is silent regarding what constitutes a break in service and the impacts of a furlough, leaves of absence and involuntary demotions on seniority.

Chapter 613. Enforcement of Act; Prohibitions and Penalties

Subchapter A. Office of Administration Review of Legality of Employment Actions

 Proposed § 613.1 (relating to reporting) addresses reporting requirements. Specifically, under this proposed rulemaking, an appointing authority shall promptly report appointments, promotions or changes in position or job classification to the Office of Administration. This proposed rulemaking effectuates the Office of Administration's general authority to ensure proper administration of the classified service, as set forth in 71 Pa.C.S. § 2202.

 Proposed § 613.2 (relating to review of personnel actions) establishes that the Office of Administration will notify the appointing authority in writing of personnel actions not in accordance with the act. This proposed rulemaking effectuates the Office of Administration's general authority to ensure proper administration of the classified service, as set forth in 71 Pa.C.S. § 2202.

Subchapter B. Prohibition on Political Activity

 Proposed § 613.3 (relating to scope of prohibition), which implements 71 Pa.C.S. § 2705 (relating to political activity), addresses the scope of prohibitions on political activity by employees in the classified service. Subsection (a) provides that the provisions of 71 Pa.C.S. § 2705 shall not apply to employees who are on furlough, who are on a leave of absence or who are on a leave covered under 71 Pa.C.S. § 5302(b) (relating to credited State service). This is consistent with the dictates of Pinto v. State Civil Service Commission, 912 A.2d 787 (Pa. 2006). Subsection (b) addresses employees elected to public office prior to appointment into the classified service. Specifically, since the prohibitions of 71 Pa.C.S. § 2705 apply only to employees this proposed rulemaking makes clear that an employee, who was elected to public office prior to appointment into the classified service may serve the remainder of the employee's term, provided there is no conflict of interest.

Subchapter C. Investigations; Notice of Violations and Penalties

 Proposed § 613.4 (relating to procedure) empowers the Office of Administration to investigate allegations of violations of the act by an employee and sets forth the procedure of investigations and notices of violations and penalties. Subsection (c) provides that the Office of Administration may convene hearings to determine violations and subsection (d) provides that the Office of Administration will afford notice to appointing authorities of employee violations, including corrective actions required. Subsections (e)—(g) enumerate the penalties for violations, including the ability of the Office of Administration to order the removal of an employee and render an employee ineligible for reappointment for a period of time, as determined appropriate by the Office of Administration. Periods of ineligibility are determined based on the circumstances presented and can range between a few months to an indefinite period of time. Because circumstances are often unique, it would be nearly impossible to set specific time frames in this proposed rulemaking. However, to ensure consistency based on similar circumstances, the Office of Administration tracks the imposition of penalties to ensure that penalties are imposed in an equitable manner. In making determinations, the Office of Administration looks at the circumstances and any mitigating factors. The basis for this proposed rulemaking is 71 Pa.C.S. § 2202(a)(10), which empowers the Office of Administration to investigate possible violations of 71 Pa.C.S. § 2702(b) (relating to false statements made under oath and concealing information), which requires the removal of an employee if the employee intentionally fails to disclose a material fact or in any manner conceals information to obtain employment or promotion under 71 Pa.C.S. § 2705, which requires the Office of Administration to either remove or suspend an employee who violates the political activity prohibitions, and 71 Pa.C.S. § 2706(a) (relating to removal and disqualification of officers and employees), which requires an employee who intentionally violates Chapter 27 of the act (relating to prohibitions, penalties and enforcement) be immediately removed.

Chapter 614. Personnel Actions

 Proposed § 614.1 (relating to personnel actions) provides a comprehensive list of personnel actions under the act and this proposed rulemaking. Notably, while the act uses the term ''personnel action'' numerous times, it fails to define the term. Therefore, under its broad authority to administer the classified service, as set forth in 71 Pa.C.S. § 2202, the Office of Administration developed proposed § 614.1 to fill that gap in the act.

 Proposed § 614.2 (relating to notice of personnel actions), which implements 71 Pa.C.S. § 2801 (relating to notice), addresses notices of personnel actions. Specifically, subsection (a) requires appointing authorities to provide written notice of a personnel action to an affected employee. Subsection (b) sets forth the required content of that notice. Subsection (c) provides that personnel actions take effect immediately upon notice to the employee, unless otherwise stated by the Office of Administration. Subsection (d) requires appointing authorities to provide simultaneous copies of notices to the Office of Administration. Subsection (e) dictates that the requirements in this section are mandatory, except as provided in subsection (f), which addresses resignations.

 Proposed § 614.3 (relating to signatory authority) addresses signatory authority. Under this proposed rulemaking, notices of personnel actions must be signed by the head of the appointing authority or an authorized designee thereof. Subsections (b) and (c) delineate the authorization of designees. Subsection (d) establishes that notices of personnel actions bearing the signature of the head of the appointing authority or their designee shall create a rebuttable presumption that they had proper authority to issue the notice. Notably, while 71 Pa.C.S. § 2801 addresses notices of personnel actions, it does not address who is authorized to sign these notices. Therefore, to address the void in 71 Pa.C.S. § 2801, the Office of Administration, under its broad authority to administer the classified service, as set forth in 71 Pa.C.S. § 2202, developed this proposed rulemaking.

Chapter 615. Practice and Proceedings Before the Office of Administration

Subchapter A. General Provisions

 Proposed §§ 615.1—615.29 concern hearings held by the Office of Administration. This proposed rulemaking implements 71 Pa.C.S. § 2202(a)(10), which empowers the Office of Administration to hold hearings and issue orders to ensure compliance with the act; 71 Pa.C.S. § 2202(a)(11), which empowers the Office of Administration to administer oaths and require testimony and the production of documents and records; 71 Pa.C.S. § 2202(b) which empowers the Office of Administration to issue subpoenas and 71 Pa.C.S. § 2307(d), which requires the Office of Administration to hold a public hearing prior to cancelling an eligible list due to illegality or fraud.

 Proposed § 615.1 (relating to applicability of General Rules of Administrative Practice and Procedure) sets forth that proposed Chapter 615 supersedes 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure) and it is not applicable to activities of and proceedings before the Office of Administration.

 Proposed § 615.2 (relating to public access) affirms that all hearings scheduled by the Office of Administration shall have public notice and be open to the public.

 Proposed § 615.3 (relating to presiding officer) establishes that hearings scheduled by the Office of Administration shall be conducted by a presiding officer designated by the Secretary of Administration.

 Proposed § 615.4 (relating to computation of time) sets forth the rules of computation of time for proceedings under this subchapter. Specifically, when any period of time is referred to in this chapter, the time period in all cases shall be computed as to exclude the first and include the last day of the time period. Whenever the last day of a time period shall fall on Saturday, Sunday or a legal holiday under the laws of the Commonwealth or the United States, the day shall be omitted from the computation.

 Proposed § 615.5 (relating to filings with Docket Clerk) establishes general document filing protocol and timeliness requirements with the Docket Clerk. Specifically, documents can be filed by first class mail or electronic mail. When a document is filed with the Docket Clerk by first class mail, the date of mailing, as evidenced by the United States Postal Service (USPS) postmark on the envelope containing the filing, a USPS Form 3817 (Certificate of Mailing) or another similar USPS form from which the date of deposit with the USPS can be determined, shall be deemed the date of filing. When a document is filed with the Docket Clerk by electronic mail, the date of receipt recorded by the Docket Clerk's electronic mail system shall be deemed the date of filing. A party filing a document by electronic mail is responsible for any delay, disruption, interruption of electronic signals, and readability of the document and accepts the risk that the document may not be properly or timely filed.

Subchapter B. Hearings under Section 2202(a)(10) of the Act

 Proposed § 615.6 (relating to order to show cause) addresses orders to show cause. Under this proposed rulemaking, the Office of Administration shall commence a proceeding through filing a verified order to show cause with the Docket Clerk. Subsections (b)—(d) set forth the filing requirements of the order to show cause.

 Proposed § 615.7 (relating to answer to order to show cause) addresses answers to orders to show cause. Under this proposed rulemaking, the respondent shall file an answer within 20 days of the date of service with the Docket Clerk. Subsections (b) and (c) set forth the filing requirements of the answer. Subsection (d) addresses the failure of a respondent to file an answer.

 Proposed § 615.8 (relating to representation) outlines the requirements for representation of parties appearing before the Office of Administration. Specifically, under this proposed rulemaking, a respondent may appear before the Office of Administration on their own behalf, or they may be represented by an attorney licensed to practice law in this Commonwealth or a legal intern certified by the Supreme Court of Pennsylvania. An appointing authority shall be represented by an attorney licensed to practice law in this Commonwealth or a legal intern certified by the Supreme Court of Pennsylvania.

 Proposed § 615.9 (relating to consolidation of proceedings) provides that proceedings may be consolidated at the discretion of the Office of Administration.

 Proposed § 615.10 (relating to severance of proceedings) provides that proceedings may be severed at the discretion of the Office of Administration.

 Proposed § 615.11 (relating to notice of hearing) addresses notices of hearing and their content. Specifically, notice of a hearing must be provided to the parties in advance. The notice will contain a statement of the matters to be addressed at the hearing, as well as specific instructions regarding the date, time and place of hearing.

 Proposed § 615.12 (relating to continuances) sets forth that presiding officers may grant continuances and sets forth the required content of continuance requests. Continuance requests may be granted upon a showing of good cause. These requests shall be submitted as far in advance of the scheduled hearing date as possible, be made in writing and must state the specific reason for the continuance request. A copy of a request for a continuance shall be simultaneously served on the nonrequesting party.

 Proposed § 615.13 (relating to subpoenas) sets forth the procedure for requesting subpoenas, the service requirements of subpoenas and the enforcement of subpoenas. Requests for subpoenas must be submitted in writing to the presiding officer. A written request shall specify the relevance of the testimony or documentary evidence sought. For documentary evidence, the request must specify, to the extent possible, the documents desired and the facts to be proved thereby. A subpoena for new or additional witnesses will not be issued after a hearing has been started and continued unless orally requested on the record at the hearing and approved by the presiding officer, except that subpoenas issued prior to the start and continuance of the hearing may be reissued upon written request. A subpoena for the attendance of a witness must be personally served on the witness at least 48 hours prior to the hearing, unless the witness agrees to waive the 48-hour requirement. A subpoena for the production of documents may be served personally, by mail, by facsimile machine or by other electronic means upon the individual in possession of the documents, the legal counsel for the entity or individual in possession of the documents or the designated custodian of the documents. A subpoena for the production of documents shall be served no later than 10 business days prior to the hearing. Failure to comply with this proposed rulemaking may result in the subpoena not being issued or enforced.

 Proposed § 615.14 (relating to authority of presiding officer) enumerates the discretionary authority of the presiding officer, including the authority to determine the order of procedure, administer oaths and affirmations, receive evidence, rule upon objections and offers of proof and take other actions as necessary to properly regulate the hearing.

 Proposed § 615.15 (relating to form of hearings) establishes the form of hearings before the Office of Administration. Specifically, a hearing before the Office of Administration shall be formal but need not adhere to the technical rules of evidence or procedure. In cases involving issues of fact, oral testimony shall be under oath or affirmation.

 Proposed § 615.16 (relating to failure to attend hearing) sets forth the protocol when a properly notified party fails to appear at a hearing. Specifically, where a party fails to appear after proper notice, the presiding officer may nevertheless hold the hearing and render a decision.

 Proposed § 615.17 (relating to additional hearings and evidence) establishes the ability to conduct additional hearings and submit additional relevant evidence.

 Proposed § 615.18 (relating to record of proceedings) directs that a complete record of proceedings shall be made, and it further provides that these records may be purchased directly with the reporting service or reviewed at the Office of Administration's office in Harrisburg, Pennsylvania.

 Proposed § 615.19 (relating to post-hearing brief) sets forth the protocol, schedule, form and service requirements of post-hearing briefs. Briefs shall be filed with the Docket Clerk and include a statement of facts and a discussion of legal arguments. Filing and service of the brief shall occur simultaneously.

 Proposed § 615.20 (relating to proposed decision and order) requires that the presiding officer issue a proposed decision and order upon the closing of the record. Subsection (b) sets forth the required content of the proposed decision and order. The proposed decision and order must be well reasoned and supported by the facts and applicable law. Subsection (c) establishes that a proposed decision and order shall be deemed final in 20 days unless exceptions are timely filed with the Secretary of Administration.

 Proposed § 615.21 (relating to exceptions) establishes the ability for the filing of exceptions to a proposed decision and order within 20 days of the date of the proposed decision and order. Further, this proposed rulemaking sets forth the content and service requirements of exceptions and sets forth that failure to file exceptions constitutes a waiver of all objections to the proposed decision and order. Exceptions must state the specific issues of procedure, fact or law or other portion of the proposed decision and order to which each exception is taken. Filing and service of exceptions shall occur simultaneously.

 Proposed § 615.22 (relating to brief opposing exceptions) sets forth the form and service requirements of briefs opposing exceptions. Filing and service of a brief opposing exceptions shall occur simultaneously.

 Proposed § 615.23 (relating to further response or pleading) prohibits further responses or pleadings after the time period for filing a post-hearing brief, unless ordered by the Secretary of Administration.

 Proposed § 615.24 (relating to final decision and order) requires that the Secretary of Administration or their designee, upon reviewing the entire record, shall issue a final decision and order. Final orders may affirm, modify or reverse the findings of credibility and fact, the conclusions of law and the decision of the presiding officer as the Secretary of Administration deems appropriate on the basis of all of the record evidence.

Subchapter C. List Cancellation Hearings

 Proposed § 615.25 (relating to generally) provides that the Office of Administration shall hold a hearing prior to cancelling the whole or part of an eligible list due to illegality or fraud in accordance with 71 Pa.C.S. § 2307(d).

 Proposed § 615.26 (relating to notice of list cancellation hearing) requires the Office of Administration to provide advance notice of a list cancellation hearing to those eligibles whose names appear on the relevant list. This proposed rulemaking sets forth the content of the advance notice.

 Proposed § 615.27 (relating to format of hearing) sets forth the format of list cancellation hearings. Specifically, at the start of the hearing, the presiding officer shall make a statement describing the circumstances necessitating the cancellation of the list, including the findings and conclusions of any investigation undertaken by the Office of Administration. Thereafter, each eligible whose name appears on the relevant list and objected in writing to the cancellation will be given an opportunity to state their objections, under oath or affirmation, on the record. After all objections are heard, the presiding officer shall adjourn the hearing, and the record shall be considered closed.

 Proposed § 615.28 (relating to record of proceedings) directs that a complete record of proceedings shall be made and these records may be purchased directly with the reporting service or reviewed at the Office of Administration's office in Harrisburg, Pennsylvania.

 Proposed § 615.29 (relating to notice of list cancellation) establishes notice requirements in the event of a list cancellation after the hearing. Specifically, where a list is cancelled, the Office of Administration must provide notice of the cancellation of the list to those eligibles whose names appeared on the relevant list.

Affected Individuals and Organizations

 This proposed rulemaking will affect State and local governmental entities that utilize the Commonwealth's merit system of employment, individuals who are employed in classified service positions and individuals who are seeking employment in the classified service. There are no private sector business entities that will be affected by this proposed rulemaking.

Fiscal Impact

 This proposed rulemaking should have minimal adverse fiscal impact on the Commonwealth or its political subdivisions. This proposed rulemaking does not change the current reimbursement structure for use of the Office of Administration's merit employment services, nor does it add specific additional expenses to administration of the classified service.

Paperwork Requirements

 Appointing authorities seeking to solicit applicants for a vacant classified service position must do so using the vacancy posting form available through the Office of Administration's applicant tracking tool.

 Individuals seeking to apply for employment in the classified service must do so using the application form available through the Office of Administration's applicant tracking tool.

Effective Date

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

Sunset Date

 The Office of Administration continuously monitors its regulations, as required by Executive Order 1996-1 (4 Pa. Code §§ 1.371—1.382 (relating to regulatory review and promulgation)). Therefore, no sunset date has been assigned.

Public Comments

 Interested persons are invited to submit written comments, suggestions or objections regarding this proposed rulemaking within 30 days after the date of publication in the Pennsylvania Bulletin. Public comments should be addressed to Joshua Fisher, Attention: CSRR Public Comments, Office of Administration, Office of Chief Counsel, 408 Finance Building, 613 North Street, Harrisburg, PA 17120.

Contact Person

 The contact person for questions about this proposed rulemaking is Joshua Fisher at (717) 783-2590.

Regulatory Review

 Under section 5(a) of the Regulatory Review Act (71 P.S. § 745.5(a)), on July 11, 2024, the Office of Administration submitted a copy of this proposed rulemaking and a copy of the Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the chairperson of the State Government Committee of the Senate and to the chairperson of the State Government Committee of the House of Representatives. A copy of this material is available to the public upon request and is available on the Office of Administration's web site at http://www.oa.pa.gov.

 Under section 5(g) of the Regulatory Review Act (71 P.S. § 745.5(g)), IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria in section 5.2 of the Regulatory Review Act (71 P.S. § 745.5b) that have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Office of Administration, the General Assembly and the Governor.

NEIL WEAVER, 
Secretary

 Fiscal Note: 99-13. No fiscal impact; recommends adoption.

[Continued on next Web Page]

_______

¹  The ability to file an appeal with the State Civil Service Commission of an evaluation decision made by the Office of Administration is not addressed by proposed § 610.6, as the appellate process is outside the scope of the Office of Administration's regulatory authority.

---

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.

---