§ 42.31. Commencement of proceedings by complaint and answer under the act.
(a) A proceeding may be commenced by filing a verified complaint with the Commission. The Commission will, thereafter, enter the complaint on its official docket and serve the complaint by sending a copy to each named respondent, within 30 days of the date of the entry of the complaint on its docket; except that if the complaint contains one or more allegations under section 5(h) or 5.3 of the act (43 P. S. § § 955(h) and 955.3), involving unlawful housing discrimination cognizable under the Fair Housing Act, or under section 5(d) or (e) of the act, if the underlying or supporting action involves unlawful housing discrimination cognizable under the Fair Housing Act, the complainant shall be advised of the time limits for processing such a complaint, and of the choice of forums as set forth in § 42.101(c) (relating to hearings), and the complaint shall be served within 10 days after the date of filing, along with a notice to the respondent of the respondent’s rights and duties.
(b) The Attorney General or the Commission, by the Executive Director or by another person the Commission may authorize, may commence a proceeding by filing a complaint at any office of the Commission.
(c) The respondent shall file with the Commission, and serve on each named complainant, a written, verified answer within 30 days of service of the complaint, including those complaints containing one or more allegations under section 5(h) or 5.3 of the act, involving unlawful housing discrimination cognizable under the Fair Housing Act, or under section 5(d) or (e) of the act, if the underlying or supporting action involves unlawful housing discrimination cognizable under the Fair Housing Act. Upon written request of the respondent, and for good cause shown, the Commission may grant an extension of not more than 30 days in which to file the answer. The respondent shall serve a copy of the answer on each named complainant, and where an attorney has entered an appearance on behalf of a named complainant, shall also serve a copy on the attorney.
(d) Failure to file an answer within the required time will be deemed to place the respondent in default and may result in appropriate action under § 42.33(c) and (d) (relating to effect of answer and new matter; effect of failure to file answer; rule to show cause).
(e) Subsections (a)—(d) supplement 1 Pa. Code § 35.9 (relating to formal complaints generally).
Source The provisions of this § 42.31 adopted August 13, 1976, effective August 14, 1976, 6 Pa.B. 1887; reserved 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 page (156351).
Notes of Decisions Commission action may be invoked by a verified complaint transmitted from a federal agency, since nothing requires that a complainant file in person, the exclusive action provision of the Pennsylvania Human Relations Act (43 P. S. § 962(b)) only bars those who have previously sought relief under the laws of the Commonwealth rather than a Federal remedy, and 16 Pa. Code § 42.11 (relating to time of filing) preserves Commission discretion to entertain complaints in noncompliance with 16 Pa. Code § 42.31. Lukus v. Westinghouse Electric Corp., 419 A.2d 431 (Pa. Super. 1980).
Cross References This section cited in 16 Pa. Code § 42.33 (relating to effect of answer and new matter; effect of failure to file answer; rule to show cause).
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