Pennsylvania Administrative Code

§ 41.95. Assistant secretary. The assistant secretary will be elected by a majority of the Commission at its first meeting in each calendar year to serve until his successor has been qualified and elected. The assistant secretary will serve and have the powers and duties of the s…

§ 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 …

§ 42.101. Hearings. (a) If the unlawful discriminatory practice complained of is not eliminated by conference, conciliation or persuasion, the Commissioners or the Executive Director may approve the convening of a public hearing on the merits of the complaint. (b) At any other ti…

§ 42.102. Conduct of hearings. (a) In a hearing for which three Commissioners have been appointed to preside under the Fair Educational Opportunities Act or the act, that provision may be waived by the respondent and the complainant, in writing, in which event the hearing may be …

§ 42.103. Subpoena for a hearing upon the merits. (a) A subpoena issued for a hearing on the merits of a complaint may be requested, issued, served and enforced in the same manner as provided in § § 42.48—42.50 (relating to issuance of subpoena; service of subpoena; and enforceme…

§ 42.105. Failure to appear at hearing. (a) If a party fails to appear at the time and place designated for the hearing, proof of notice of the hearing shall be entered on the record. (b) Upon failure of a party to appear and entry of proof of notice on the record, and except whe…

§ 42.106. Attorney or designated agent of complainant; forms. (a) The case in support of the complaint shall be presented at a public hearing under section 9(e) of the act (43 P. S. § 959(e)) by a staff counsel or agent of the Commission, by the complainant’s attorney or by a des…

§ 42.107. Supervision of designated agent of complainant; form. (a) Notwithstanding § 42.106 (relating to attorney or designated agent of complainant; forms), a designated agent of complainant may not present the case in support of the complaint, at a public hearing under section…

§ 42.108. Continued involvement by Commission staff. (a) Whenever the complainant files a Certificate of Authority under § 42.106 (relating to attorney or designated agent of complainant; forms), which allows the Commission staff counsel to remain involved in the proceeding at pu…

§ 42.111. Powers and duties of hearing commissioners and permanent hearing examiners. (a) Hearing commissioners, or a permanent hearing examiner designated by the Chairperson under § 42.101(c) (relating to hearings), has the authority, as follows: (1) To rule upon motions or obje…

§ 42.12. Caption. (a) Filings in any proceeding before the Commission shall contain a caption setting forth the names of the parties, the docket number of the action, and the name of the pleading or motion, and shall be entitled ‘‘Commonwealth of Pennsylvania—Governor’s Office—Pe…

§ 42.121. Briefs. (a) Unless waived by the participants with the consent of the hearing commissioners or the permanent hearing examiner, participants in a public hearing under Subchapter I (relating to hearings) shall have the right to file posthearing briefs. The manner and time…

§ 42.13. Number of copies. (a) Except as otherwise directed or permitted by the Commission, and except as provided by § 42.121 (relating to briefs), there shall be furnished to the Commission an original and two conformed copies of pleadings, submittals or documents, other than c…

§ 42.131. Motions commissioners and motions examiners. (a) The Commissioners may designate one or more commissioners to act as motions commissioner. (b) The Commission may designate one or more full-time employes, who also function as permanent hearing examiners, to act as motion…

§ 42.14. Time of filing. (a) The complaint shall be filed within 180 days from the occurrence of the alleged unlawful discriminatory practice, but the computation of the 180 days does not include a period of time which is excludable as a result of waiver, estoppel or equitable to…

§ 42.141. Final orders. (a) If, upon all the evidence, the hearing commissioners or the permanent hearing examiner find that a respondent has engaged in any unlawful discriminatory practice, the commissioners or the examiner will state findings of fact, conclusions of law and rec…

§ 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 § 4…

§ 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. Ch…

§ 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 …

§ 42.32. Contents of complaint and answer. (a) The complaint may be by letter or other writing and shall set forth the following: (1) The name and address of the person claiming to be aggrieved, the Commission or the Attorney General, who will be designated as the complainant. (2…

§ 42.33. Effect of answer and new matter; effect of failure to file answer; rule to show cause. (a) An allegation of new matter contained in the answer, including the alleged facts underlying defenses raised, will be deemed denied without the necessity of a reply. (b) Averments o…

§ 42.34. Motions. (a) Motions or other requests for procedural rulings or relief shall be filed with the Commission in writing, set forth the ruling or relief sought, state the grounds therefor and the statutory or other authority relied upon, include a proposed order and comply …

§ 42.35. Amendment of complaint or answer. (a) The complaint or answer may be amended at any time prior to approval of a hearing on the merits and thereafter by leave of the Commissioners, hearing commissioners or permanent hearing examiner. (b) The complaint may be amended to cu…

§ 42.36. Complaints seeking relief for persons other than the named complainant. (a) Whenever a person seeks relief for unnamed persons, other than a cease and desist order, the complaint shall include an allegation to the effect that the complaint is made on behalf of other pers…

§ 42.41. Initiation of investigation. (a) Upon filing of a complaint or when there is reason to believe that an unlawful discriminatory practice has been committed, the Commission staff will make a prompt investigation in connection therewith. (b) When a complaint contains one or…

§ 42.42. Authorization to employ discovery measures. (a) Prior to the approval of a public hearing on the merits of a complaint, and except as may otherwise be permitted by a preliminary hearing officer as necessary or appropriate for the parties to prepare for a preliminary hear…

§ 42.43. Oral interviews and other investigations. (a) The Commission staff may interview all persons whose statements may provide information concerning the allegations of the complaint. (b) Upon initiation of an investigation, the Commission may require the production of all do…

§ 42.44. Interrogatories. (a) As authorized in § 42.42 (relating to authorization to employ discovery measures), written interrogatories may be served upon any person to be answered in writing by the person served or other authorized personnel. Interrogatories served upon a publi…

§ 42.45. Answers to interrogatories. Answers to interrogatories may be filed. If filed, they shall conform to the following rules: (1) Each interrogatory shall be answered separately and fully in writing. (2) The answers to a set of interrogatories shall be properly executed as p…

§ 42.48. Issuance of subpoenas. (a) As authorized in § 42.42 (relating to authorization to employ discovery measures), a request for a subpoena for documents or things shall be submitted to a motions commissioner or presiding officer specifying in writing the books, papers, docum…

§ 42.49. Service of subpoena. (a) A subpoena may be served by any adult member of the staff not a party to the proceeding, or by another adult, not a party to the proceeding, who is so authorized by the issuer of the subpoena. (b) A subpoena will be served by exhibiting the origi…

§ 42.50. Enforcement of subpoenas. A subpoena issued by the Commission, at the request of the Commission staff, may be enforced by staff counsel by petition to the appropriate court or district attorney, or both. Any other subpoena issued by the Commission may be enforced by the …

§ 42.51. Depositions. (a) As authorized in § 42.42 (relating to authorization to employ discovery measures), application for permission to take a deposition may be made to a motions commissioner or motions examiner as provided in 1 Pa. Code § 35.146 (relating to notice and applic…

§ 42.53. Use of depositions at hearings. (a) At the hearing, any part or all of the deposition, so far as otherwise admissible, may be used against any party who was present or represented at the taking of the deposition, or who had notice thereof if required, in accordance with …

§ 42.54. Production of documents and things and entry for inspection and other purposes. (a) As authorized in § 42.42 (relating to authorization to employ discovery measures), application may be made to a motions commissioner or motions examiner for one or more of the following: …

§ 42.55. Requests for admissions. (a) After the approval of the hearing on the merits of a complaint, any party may send to another party a written request for the admission of the truth of a matter or of the authenticity of any writing, document or record, a copy of which is att…

§ 42.56. Protective orders. (a) Upon motion by the staff, by a party or by the person from whom discovery is sought, the Commission may issue any order which justice requires to protect a party or person from unreasonable annoyance, embarrassment, oppression, burden or expense. (…

§ 42.57. Scope of discovery of the Commission’s records, documents and other information relating to a complaint. The staff of the Commission will not be examined either by interrogatory or deposition except when leave to undertake the examination is granted by the Commission, a …

§ 42.58. Exemptions from discovery. (a) Information which is exempt from discovery includes, but is not limited to, the following: (1) A record, report, memorandum or communication dealing with the internal practice, policy and procedure of the Commission. (2) A record, report, m…

§ 42.61. Dismissal of complaints. (a) If, after investigation, the staff determines that no probable cause exists to credit the allegations of the complaint or if, during or after investigation, the staff determines that the case is untimely filed, that the case is moot, that the…

§ 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 pre…

§ 42.63. Action on request for a preliminary hearing. (a) A request for a preliminary hearing will be referred to a staff counsel who will review the file, consider new evidence, secure new information as may be necessary or appropriate, and who shall recommend one of the followi…

§ 42.64. Preliminary hearing officer. (a) Whenever a preliminary hearing is to be convened under this subchapter, the Executive Director will designate a preliminary hearing officer before whom the preliminary hearing will be conducted. (b) The preliminary hearing officer will be…

§ 42.65. Conduct of preliminary hearing. (a) A preliminary hearing may be convened under this subchapter to determine probable cause for crediting the allegations of the complaint, to determine whether a case should be reopened under § 42.67 (relating to reopening cases after fin…

§ 42.66. Results of preliminary hearing. (a) If, after a preliminary hearing under this subchapter, the preliminary hearing officer finds that probable cause exists to credit the allegations of the complaint, the preliminary hearing officer will reopen the case and make a finding…

§ 42.67. Reopening cases after final disposition. (a) Subsequent to the final disposition of a case under this subchapter, the Commission may reopen the case on its own motion, whenever justice so requires. (b) Prior to reopening a case under this section, the Commission will not…

§ 42.71. Finding of probable cause and attempts at conciliation after service of the complaint. (a) If, after a preliminary investigation, the Commission determines that probable cause exists to credit the allegations of the complaint, a finding of probable cause will be made. (b…