§ 7.176. Final determination.
(a) After completion of the investigation, the agency head shall have 5 working days to make a final determination as to whether the results of the investigation establish sufficient reason for disciplinary action and, if established, what disciplinary action shall be taken. The Secretary of Administration and the General Counsel shall review this decision and ratify the decision of the agency head absent an abuse of discretion. An extension of this period may be granted only by the General Counsel or his designee, in writing, and only on a showing, in writing, by the agency head of a conscientious effort to meet the deadline and an explanation of the reasons why that deadline cannot be met. Only one extension may be granted, which extension shall not exceed 5 working days.
(b) In determining whether sufficient reason for disciplinary action exists, the agency head shall consider, among other factors, all of the following:
(1) The employe’s explanation, if available.
(2) The extent to which allowing the employe to continue in his position would be detrimental to the physical well-being of the employe, his fellow workers or other persons.
(3) The nature of the employe’s duties, including the amount of discretion exercised as part of those duties.
(4) The nature, weight and source of the accusations against him.
(5) The relationship of the accusations to the employe’s duties.
(6) The extent to which the employe deals with the public.
(7) The extent to which the accusations of wrongdoing may affect the public’s trust and confidence in the employe, the agency or State government.
(c) If sufficient reason for disciplinary action is determined to exist, the agency head shall immediately take appropriate disciplinary action including, but not limited to, suspension of pay, demotion or dismissal, which action shall be reviewed by the Secretary of Administration and the General Counsel and ratified by them absent a finding of abuse of discretion.
(d) If, based on information available at that time, a finding of sufficient reason is not made, the employe shall be notified of the disposition and shall retain or be retroactively reinstated to his previous position.
(e) The subsequent availability of pertinent information shall require an appointing authority or his designee to reconsider the previous disposition and renew investigation into the conduct at issue.
Source The provisions of this § 7.176 amended by Executive Order No. 1980-18, dated and effective May 16, 1984, 14 Pa.B. 2036. Immediately preceding text appears at serial pages (55496) to (55497).
Cross References This section cited in 4 Pa. Code § 7.171 (relating to procedures); 4 Pa. Code § 7.174 (relating to required action when an employe is formally charged with criminal conduct other than a felony and not related to his employment within this Commonwealth); and 4 Pa. Code § 7.175 (relating to investigation); 4 Pa. Code § 39.12 (relating to criminal cases).
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