Subchapter A. GENERAL PROVISIONS
Sec.
42.1. Applicability of general rules.
42.2. Construction.
42.3. Definitions.§ 42.1. Applicability of general rules.
(a) Under 1 Pa. Code § 31.1 (relating to scope of part), 1 Pa. Code Part II (relating to general rules of administrative practice and procedure), is applicable to the activities of and proceedings before the Commission, except as otherwise provided in this chapter or where inconsistent with this chapter, the act or the Fair Educational Opportunities Act.
(b) The following sections of the general rules of administrative practice and procedure are not applicable to activities of and proceedings before the Commission:
(1) 1 Pa. Code § 33.3 (relating to incorporation by reference).
(2) 1 Pa. Code § 33.4 (relating to single pleading or submittal covering more than one matter).
(3) 1 Pa. Code § 35.1 (relating to applications generally).
(4) 1 Pa. Code § 35.2 (relating to contents of applications).
(5) 1 Pa. Code § 35.14 (relating to orders to show cause).
(6) 1 Pa. Code § 35.20 (relating to appeals from action of staff).
(7) 1 Pa. Code § 35.23 (relating to protest generally).
(8) 1 Pa. Code § 35.24 (relating to effect of protest).
(9) 1 Pa. Code § § 35.27—35.32 (relating to intervention).
(10) 1 Pa. Code § § 35.36—35.39 (relating to answers).
(11) 1 Pa. Code § 35.41 (relating to satisfaction of complaints).
(12) 1 Pa. Code § § 35.101—35.106 (relating to general; notice of hearing).
(13) 1 Pa. Code § 35.125(b) (relating to order of procedure).
(14) 1 Pa. Code § 35.152 (relating to fees of officers and deponents).
(15) 1 Pa. Code § § 35.164 and 35.165 (relating to evidence).
(16) 1 Pa. Code § § 35.178—35.180 (relating to motions).
(17) 1 Pa. Code § 35.188(b) (relating to restrictions on duties and activities).
(18) 1 Pa. Code § 35.190 (relating to appeals to agency head from rulings of presiding officers).
(19) 1 Pa. Code § § 35.201—35.214 (relating to proposed reports generally).
(20) 1 Pa. Code § 35.221 (relating to briefs and oral argument in absence of proposed report).
(21) 1 Pa. Code § § 35.231—35.232 (relating to reopening of record).
(22) 1 Pa. Code § 35.241 (relating to application for rehearing or reconsideration).
(c) This section supersedes 1 Pa. Code § 31.1 (relating to scope of part).
Source The provisions of this § 42.1 adopted August 13, 1976, effective August 14, 1976, 6 Pa.B. 1887; corrected August 20, 1976, effective August 14, 1976, 6 Pa.B. 1985; amended April 19, 1991, effective April 20, 1991, 21 Pa.B. 1909. Immediately preceding text appears at serial pages (38302) and (86989).
§ 42.2. Construction.
(a) This chapter shall be construed liberally for the accomplishment of the purposes of the act and the Fair Educational Opportunities Act.
(b) Subsection (a) supplements 1 Pa. Code § 31.2 (relating to liberal construction).
Source The provisions of this § 42.2 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 appears at serial page (86989).
§ 42.3. Definitions.
(a) The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Act—The Pennsylvania Human Relations Act (43 P. S. § § 951—963).
Adult—An individual who is 18 years of age or older.
Chairperson—The Chairperson of the Commission.
Commission—The Human Relations Commission of the Commonwealth, its Commissioners, staff and counsel.
Complaint—A complaint as required under the act, the Fair Educational Opportunities Act or this chapter.
Fair Educational Opportunities Act—The Pennsylvania Fair Educational Opportunities Act (24 P. S. § § 5001—5010).
Fair Housing Act—The Fair Housing Act of 1968 (42 U.S.C.A. § § 3601—3619).
Motions commissioner—A commissioner designated under § 42.131 (relating to motions commissioners and motions examiners).
Motions examiner—An examiner designated under § 42.131.
Office of the agency—The appropriate Regional Office of the Commission.
Party—The complainant or the respondent.
Staff—The term includes, but is not limited to, the Executive Director and deputy directors, regional directors and other personnel the Commission may appoint. Duties of the staff include, but are not limited to, the following:(i) Receiving, initiating, amending, processing, serving and investigating formal and informal complaints.
(ii) Conducting conferences, conciliations and other meetings for which the regulations and the applicable statutes provide.
(iii) Conducting other investigations for which the applicable statutes provide.
(iv) Determining whether or not probable cause exists to credit the allegations of the complaint.
(v) Advising and educating the public and issuing publications, notices, recommendations and guidelines to effectuate the policies and purposes of the applicable statutes.
Staff counsel—The staff of attorneys designated by the Commission to give legal assistance to complainants appearing before the Commission. The term does not include the permanent hearing examiners and other attorneys designated by the Commission to render legal advice to Commissioners on complaints before the Commissioners for public hearing.(b) Subsection (a) supplements 1 Pa. Code § 31.3 (relating to definitions) and the definition of ‘‘staff counsel’’ supersedes 1 Pa. Code § 31.3.
Source The provisions of this § 42.3 adopted August 13, 1976, effective August 14, 1976, 6 Pa.B. 1887; amended April 19, 1991, effective April 20, 1991, 21 Pa.B. 1909; amended December 17, 1993, effective December 18, 1993, 23 Pa.B. 5897. Immediately preceding text appears at serial pages (156347) to (156348).
Notes of Decisions Commission
It is the Commission staff, and not the Commissioners, which is the body vested with the responsibility for determining whether probable cause exists and conducting conference and conciliation meetings. The court, therefore, determined that the Commission, which acts as the ultimate finder of fact, did not improperly commingle its prosecutorial and adjudicatory functions and deprive the company of its due process rights. George Clay Steam Fire Engine and Hose Co. v. Human Relations Commission, 639 A.2d 893 (Pa. Cmwlth. 1994); appeal denied 656 A.2d 120 (Pa. 1995).
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