§ 7.12. Discipline and discharge.
(a) Order and discipline required. The Commandant is responsible for the maintenance of good order and discipline among the residents of a State Veterans Home. A resident whose conduct does not comport with the requirements for an orderly and disciplined home may be subject to disciplinary action, up to and including discharge from the home. Residence in a State Veterans Home is voluntary, and a resident subject to discipline under this section may elect to request voluntary discharge in lieu of compliance or appeal from the disciplinary action.
(b) Admonitions and reprimands. When a record of an admonition or reprimand is filed in a resident’s file, the resident shall be given the opportunity to file a response to the admonition or reprimand setting forth matters in disagreement, extenuation or mitigation. The resident’s response shall be filed with the record of the admonition or reprimand. Admonitions or reprimands are not adjudications and are not subject to appeal under § 7.10 (relating to appeals).
(c) Disciplinary actions. Disciplinary actions include withdrawal of privileges to participate in recreation and social activities and restrictions to the grounds of the home. When the Commandant decides to impose discipline on a resident, the Commandant will notify the resident in writing of the proposed action and the reasons for the proposed action. If a resident on whom a disciplinary action is imposed under this section desires an administrative hearing on the proposed action, the resident shall request a hearing within 24 hours after receipt of the notification. The Commandant, or, if he is unavailable to conduct the hearing because of absence or because he was a witness to the conduct that gave rise to the proposed discipline, a person designated by the Director of the Bureau for Veterans Affairs, will act as the presiding officer for hearings on disciplinary actions and conduct hearings under 1 Pa. Code Part II (relating to general rules of administrative practice and procedure). The Commandant or other presiding officer will prepare and serve a proposed report, and the resident may, within 5 days after issuance of the proposed report, appeal to the Adjutant General by filing exceptions and briefs in the manner provided by 1 Pa. Code Part II. The Adjutant General shall enter a final order for the Department.
(d) Discharges.
(1) When the Commandant proposes to discharge a resident of a veterans home under § 7.11 (relating to grounds for discharge), he will prepare and serve upon the resident an order to show cause setting forth the grounds for the proposed action. The order to show cause shall direct the resident to file a written answer to the order within 5 days with the Director of the Bureau for Veterans Affairs.
(2) The answer to the order to show cause shall, in addition to the information required by 1 Pa. Code § 35.37 (relating to answers to orders to show cause) indicate whether the resident requires or waives a hearing. If no answer to the order to show cause is filed or no matters are raised requiring a hearing or further proceedings, the Director of the Bureau for Veterans Affairs may forward the case to the Adjutant General for entry of a final order without hearing.
(3) If a hearing is to be conducted, the Adjutant General will either appoint a hearing officer or request the Chairman of the State Veterans Commission to appoint a hearing panel to conduct the hearing. If a hearing officer is appointed, he will not be employed in the veterans home from which the case arose. The hearing officer or hearing panel has the powers and duties of presiding officials and shall conduct the hearing and prepare a proposed report under 1 Pa. Code Part II. Copies of the proposed report will be served on the resident and the Commandant and either may appeal to the Adjutant General by filing exceptions to the proposed report in the manner provided by 1 Pa. Code Part II within 10 days after service. The Adjutant General will enter the final order for the Department.
(e) Effective date of disciplinary actions and discharges. Disciplinary actions and discharges imposed under this section will not be effected until the Adjutant General enters a final order, except where the Commandant recommends, and the Director of the Bureau for Veterans Affairs determines, that compelling circumstances exist that require the immediate withdrawal of privileges, restriction of the resident or discharge of the resident to provide for the health, safety and welfare of the resident or others.
(f) Supersession.
(1) Subsection (d)(2) supplements 1 Pa. Code § § 35.37 and 35.213 (relating to effect of failure to proposed report).
(2) Subsection (d)(1) supersedes 1 Pa. Code § 35.211 (relating to procedure to except to proposed report).
Cross References This section cited in 43 Pa. Code § 7.10 (relating to appeals).
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