RULES AND REGULATIONS
Title 4—ADMINISTRATION
OFFICE OF ADMINISTRATION
PART XV. OFFICE OF ADMINISTRATION
[ 4 PA. CODE CHS. 602 AND 607 ]
Civil Service Reform
[51 Pa.B. 425]
[Saturday, January 23, 2021]On March 16, 2019, the Office of Administration (OA), under the statutory authority of 71 Pa.C.S. §§ 2101—3304 (relating to civil service reform) (Civil Service Reform Act), added under the act of June 28, 2018, (P.L. 460, No. 71) published temporary regulations implementing the Civil Service Reform Act. For the sake of consistency, and to take into account the need for changes that have arisen since implementing the Civil Service Reform Act, the OA finds it necessary to amend the temporary regulations. Accordingly, the OA is publishing amended temporary regulations in Chapters 602 and 607 (relating to selection of employees for entrance to, or promotion in, the classified service; and notice and hearings), to read as set forth in Annex A.
These amended temporary regulations are promulgated under section 2203(b) of the Civil Service Reform Act, (71 Pa.C.S. § 2203(b) (relating to regulations)), which authorizes the OA to promulgate temporary regulations to facilitate prompt implementation of the Civil Service Reform Act. Temporary regulations adopted under this authority are not subject to sections 201—205 of the act of July 31, 1968 (P.L. 769, No. 240) (45 P.S. §§ 1201—1205) known as the Commonwealth Documents Law; section 204(b) of the Commonwealth Attorneys Act (71 P.S. § 732-204(b)); or the requirements of the Regulatory Review Act (71 P.S. §§ 745.1—745.15).
The amendments clarify § 602.1(b) (relating to application requirements) to indicate information that an applicant should include on an application for employment and to advise applicants that the information on an applicant's application may be subject to audit by the OA. The amendments add the terms ''gender'' or ''similar factors'' to § 602.1(c)(2) and (3) to allow the OA to consider bona fide occupational qualifications where appropriate and necessary. Section 602.10 (relating to administration and scoring of examinations) is amended to indicate the process that will take place when an applicant fails to appear for an in-person examination. Section 602.19 (relating to review of eligibility or examination results) is amended to clarify the procedure for an applicant to request reconsideration of an examination score or eligibility determination. In addition, the amendment in § 607.4 (relating to signatory authority) indicates the persons in the appointing authority who have authority to sign a personnel action. Also, § 607.6 (relating to hearings before the Office of Administration) is amended to remove the requirement that the OA post all hearing notices on its web site in advance of a hearing.
These amended temporary regulations will take effect 30 days after publication in the Pennsylvania Bulletin and will expire on March 16, 2022.
For further information on these amended temporary regulations, contact Michael Sullivan, Director, Office of Administration, Bureau of Talent Acquisition, 506 Fi-nance Building, 613 North Street, Harrisburg, PA 17120, (717) 710-2107.
MICHAEL NEWSOME,
SecretaryFiscal Note: Fiscal Note 99-11 remains valid for the adoption of these subject regulations.
Annex A
TITLE 4. ADMINISTRATION
PART XV. OFFICE OF ADMINISTRATION
Subpart A. CIVIL SERVICE REFORM—TEMPORARY REGULATIONS
CHAPTER 602. SELECTION OF EMPLOYEES FOR ENTRANCE TO, OR PROMOTION IN, THE CLASSIFIED SERVICE
Subchapter A. EXAMINATIONS REQUISITE FOR APPOINTMENT AND PROMOTION § 602.1. Application requirements.
* * * * * (b) Evidence of merit and fitness.
(1) An applicant shall include on their application all information relevant for determining whether the applicant possesses the minimum qualifications for employment in the relevant job classification and, where applicable, the selective criteria required for appointment or promotion to the specific position to which the applicant applied.
(2) The Office of Administration may require an applicant to supply certificates and other appropriate documents as may be relevant in assessing the applicant's fitness and qualifications for appointment or promotion.
(3) The job specification shall be the primary basis and source of authority for the evaluation of the minimum qualifications of applicants for examinations.
(4) Information included on an applicant's application may be subject to audit by the Office of Administration, including audit after the applicant's appointment or promotion. Audits performed under this subsection are separate and distinct from any verification or background check performed by an appointing authority or human resources staff supporting an appointing authority. Where the Office of Administration cannot confirm information included on an applicant's application, the applicant may be deemed ineligible for appointment or promotion to the relevant position or otherwise removed from the position.
(c) Limitations on inquiry. Limitations shall be as follows:
* * * * * (2) The Office of Administration may make inquiries of an applicant's age, race, national origin, gender or similar factors as is necessary to comply with Federal and State laws and regulations and this subpart.
(3) The Office of Administration may make inquiries of an applicant's age, race, national origin, gender or similar factors as is necessary to conduct research required to validate selection procedures or to otherwise comply with Federal and State laws and regulations on equal opportunity. Applicants shall be informed that responses to these questions are not mandatory.
* * * * *
Subchapter C. ADMINISTRATION OF EXAMINATIONS § 602.10. Administration and scoring of examinations.
(a) Notice of admittance to examination. An applicant will be notified of admittance or non-admittance to an examination.
(1) Failure to appear for in-person examination. An applicant, who fails to appear for an in-person examination due to an act or omission of the Office of Administration or another appropriate reason, as determined by the Office of Administration, shall be given a delayed in-person examination in place of the one for which the applicant failed to appear. If an applicant's failure to appear for an in-person examination was not caused by an act or omission of the Office of Administration or another appropriate reason, as determined by the Office of Administration, the applicant shall be prohibited from taking any in-person examinations for a period of 6 months from the scheduled date of the in-person examination. Repeated failures to appear for an in-person examination on the part of the applicant may result in the applicant being prohibited from taking any in-person examinations for a period of time determined by the Office of Administration, but not to exceed 2 years.
* * * * *
Subchapter E. RATINGS OF COMPETITORS § 602.19. Reconsideration of examination score or eligibility determination.
An applicant may request the Office of Administration reconsider the applicant's examination score, or an eligibility determination finding that the applicant lacks the minimum qualifications or selective criteria required for employment in a job classification or position, by submitting a written request for reconsideration to the Office of Administration within 5 business days of the date that the notice of examination score or eligibility determination was sent to the applicant by the Office of Administration. The written request for reconsideration shall state the grounds for the request, specifically explaining why the applicant's examination score is incorrect based on the examination answers provided by the applicant, or why the applicant's eligibility determination was incorrect based on the information provided by the applicant on their application. The Office of Administration will re-review the applicant's examination or application and provide the applicant with a further explanation or revised result.
(1) Appointing authorities may continue the hiring process while an applicant's request for reconsideration is pending review by the Office of Administration.
(i) Where the Office of Administration determines that, due to an administrative error, an applicant received an incorrect examination score, the Office of Administration will revise the applicant's examination score and instruct the appointing authority to consider the applicant for appointment or promotion to the vacancy in accordance with the act and this subpart.
(ii) Where the Office of Administration determines that, due to an administrative error, 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 this subpart.
CHAPTER 607. NOTICE AND HEARINGS
Subchapter A. NOTICE § 607.4. Signatory authority.
(a) General. A notice of personnel action shall be signed by the head of the appointing authority or an authorized designee thereof.
(b) Authorized designee. An authorized designee of the head of an appointing authority includes a deputy secretary, a bureau director, an office director, a superintendent, a deputy superintendent, or an equivalent position employed by the appointing authority; a human resources director or an equivalent position supporting the appointing authority; or an individual who is delegated signatory authority on behalf of the head of the appointing authority in the manner prescribed by the Office of Administration.
(1) Performance evaluations. For purposes of performance evaluations, an employee's immediate supervisor shall be deemed the authorized designee of the head of the appointing authority without the need for delegation of signatory authority.
(c) No further delegation. An authorized designee of the head of an appointing authority may not further delegate signatory authority.
Subchapter B. PRACTICE AND PROCEEDINGS BEFORE THE OFFICE OF ADMINISTRATION § 607.6. Hearings before the Office of Administration.
* * * * * (e) Notice of hearing. The Office of Administration shall provide advance notice of a scheduled hearing to interested individuals and appointing authorities. 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.
* * * * *
[Pa.B. Doc. No. 21-106. Filed for public inspection January 22, 2021, 9:00 a.m.]
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