§ 42.73. Reconsideration of adjustment.
(a) A party shall have the right to petition the Commission to consider whether another party has complied with the terms of adjustment or settlement, or both.
(b) A party may file a petition under this section regardless of whether a finding of probable cause has been made in the case.
(c) The Commission will consider the petition and take whatever action it deems necessary or appropriate, as justice may require; except that the Commission will not, in any case, enforce an adjustment or settlement which is not in writing and signed by the party against whom enforcement is sought.
Source The provisions of this § 42.73 adopted August 13, 1976, effective August 14, 1976, 6 Pa.B. 1887; amended April 19, 1991, effective April 20, 1991, 21 Pa.B. 1909. Immediately preceding text appars at serial page (123150).
Notes of Decisions Judicial Review Appropriate
The court had the authority to review an employer’s compliance with a settlement agreement entered into pursuant to employe’s equal employment and opportunity complaint. News-Chronicle Co. v. Human Relations, 672 A.2d 400 (Pa. Cmwlth. 1996).
Court could not exercise jurisdiction over employer’s request for Writ of Prohibition against Human Relations Commission investigation and exercise of jurisdiction over complaint brought under this section, where Commission had issued interlocutory order indicating necessity of preliminary hearing to determine procedural issues and for analysis of original settlement agreement. McGraw-Edison Co. v. Human Relations Commission, 529 A.2d 81 (Pa. Cmwlth. 1987).
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