Section 3003 - Duties of commission

71 PA Cons Stat § 3003 (2019) (N/A)
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It shall be the duty of the commission:

(1) After public hearing, as specified under this chapter, to promulgate regulations either on the motion of the commission or upon recommendation of the director for effectuating the provisions of this chapter.

(2) Upon request or on the motion of the commission as provided under this section, in cases of demotion, furlough, suspension and removal, to hold public hearings, render decisions on appeals and record the commission's findings and conclusions.

(3) To make investigations as may be requested by the Governor or the General Assembly and to report on the investigations.

(4) To report by June 1 of each year to the General Assembly on all complaints, grievances and cases arising from questions by veterans about the application of and the results attained by use of the veterans' preference provisions of this chapter with regard to hiring, promotion and firing of employees covered by this chapter.

(5) Upon its own motion and subject to the specific terms and conditions imposed under this part, to delegate authority to the director to promote the efficient and effective performance of the administrative duties of the commission.

(6) From money appropriated for the operation of the commission, to enter into cooperative agreements with departments, boards, commissions and other agencies of the Commonwealth to provide services, including budget preparation, fiscal oversight, human resources and personnel services, technology services, procurement, courier and mailing and other services. Notwithstanding 62 Pa.C.S. (relating to procurement), the commission may use the Department of General Services as its purchasing agency. The commission shall retain authority over commission work under the cooperative agreement.

(7) To conduct hearings as follows:

(i) A regular employee in the classified service may, within 20 calendar days of receipt of notice from the appointing authority, appeal in writing to the commission a permanent separation, suspension for cause, furlough or demotion on the grounds that the action has been taken in the employee's case in violation of the provisions of this part. Upon receipt of the notice of appeal, the commission shall promptly schedule and hold a public hearing.

(ii) A person who is aggrieved by an alleged violation of section 2704 (relating to prohibition of discrimination) may appeal in writing to the commission within 20 calendar days of the alleged violation. Upon receipt of the notice of appeal, the commission shall promptly schedule and hold a public hearing.

(iii) Final decisions of the commission shall be reviewable in accordance with the laws of this Commonwealth.

(8) To provide remedies as follows:

(i) Within 90 days after the conclusion of the hearing described under paragraph (7), the commission shall report the commission's findings and conclusions to the parties directly involved in the action.

(ii) If the decision is in favor of the employee or the aggrieved person, the commission shall make an order as the commission deems appropriate to assure the rights accorded the individual under this part.

(iii) If an employee is removed, furloughed, suspended or demoted, the commission may modify or set aside the action of the appointing authority. If appropriate, the commission may order reinstatement, with the payment of the portion of the salary or wages lost, including employee benefits, as the commission may in its discretion award.