4 Pa. Code § 105.11. General.

HEARINGS

§ 105.11. General.

Hearings granted to employees demoted under 71 Pa.C.S. §  2503 (relating to demotions), furloughed under 71 Pa.C.S. §  2602 (relating to furlough), resigned under 71 Pa.C.S. §  2606 (relating to resignation), removed under 71 Pa.C.S. §  2607 (relating to removal), suspended under 71 Pa.C.S. §  2603 (relating to suspension) or persons alleging discrimination under 71 Pa.C.S. §  2704 (relating to prohibition of discrimination) shall be public hearings. At least 10 working days notice in advance of the date of the hearing shall be tendered in writing to the employee affected and to the appointing authority and others interested in the case, informing them of the date, time and place of hearing. Notice of the hearings shall be posted on the bulletin board located in or near the principal office of the Commission. The Civil Service Commissioners may grant requests for continuances. The Commission, on its own motion, may grant a continuance if the scheduled hearing lasts longer than 2 hours.

Source

   The provisions of this §  105.11 adopted October 18, 1961; amended October 15, 1964 and April 16, 1970; amended March 29, 1985, effective March 30, 1985, 15 Pa.B. 1151; amended November 15, 1991, effective November 16, 1991, 21 Pa.B. 5334; amended March 12, 2004, effective March 13, 2004, 34 Pa.B. 1442. Immediately preceding text appears at serial page (292975).

Notes of Decisions

   The employee must actually receive the notice at least 10 days prior to the scheduled date of the hearing, and merely placing the notice in the mail at least 10 days prior to the hearing date is not sufficient. Courtney v. Civil Service Commission, 391 A.2d 6 (Pa. Cmwlth. 1978).
   In an action which does not involve an allegation of discrimination, and is not pursuable under section 951(a) or (b) of the Civil Service Act (71 P. S. §  751.951(a) or (b)), the provisions of this section do not provide an employee with an adequate remedy; the employee is therefore not required to exhaust administrative remedies available. Magnelli v. Civil Service Commission, 383 A.2d 561 (Pa. Cmwlth. 1978).

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