§ 42.62. Request for a preliminary hearing.
(a) If a case is closed under § 42.61 (relating to dismissal of complaints), the complainant may file a request for a preliminary hearing within 10 days of receipt of the notice of the closing of the complaint.
(b) The request for a preliminary hearing may be made only once for each ground of closing.
(c) A request for a preliminary hearing shall be in writing, state specifically all grounds on which the complainant disputes the Commission’s stated reasons for closing the case, and may contain new evidence not previously considered by the Commission.
(d) The Commission will forward a copy of the request for a preliminary hearing and material in support thereof to the respondent, who shall have the right to respond thereto within 10 days of receipt of the copy.
Source The provisions of this § 42.62 adopted August 13, 1976, effective August 14, 1976, 6 Pa.B. 1887; amended July 24, 1981, effective July 25, 1981, 11 Pa.B. 2608; amended April 19, 1991, effective April 20, 1991, 21 Pa.B. 1909. Immediately preceding text appears at serial pages (84186) and (117025).
Notes of Decisions Where a complainant has requested reconsideration of a determination in accordance with 16 Pa. Code § 42.62(c) and the reconsideration results in a finding of probable cause which is later changed to a finding of no probable cause, further resulting in dismissal of the case on the same grounds that had been given originally and a notification under 16 Pa. Code § 42.61(c) of the right to request reconsideration, the provision of 16 Pa. Code § 42.62(b) which states that ‘‘the request for reconsideration of the closing of a complaint may be made only once for each ground of closing’’ allows the Court of Common Pleas to take jurisdiction on appeal from the PHRC ruling even though complainant did not request reconsideration of the second denial under 16 Pa. Code § 42.61(c). Baker v. Human Relations Commission, 462 A.2d 881 (Pa. Cmwlth. 1983).
If a petitioner requests a preliminary hearing to determine probable cause for his complaint, but fails to state therein the grounds relied on and fails to respond to a request by the Commission to specify the grounds relied on, he has failed to exhaust his administrative remedies and may not ask a court to act in the matter. Richardson v. Human Relations Commission, 415 A.2d 1282 (Pa. Cmwlth. 1980).
Cross References This section cited in 16 Pa. Code § 42.61 (relating to dismissal of complaints); and 16 Pa. Code § 42.76 (relating to rescission of finding of probable cause).
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