§ 1183. Rejection of applicant and hearing.

334 words·~2 min read·/pa/title-8/chapter-11/1183

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)General rule.-- The commission may refuse to examine or, if examined, may refuse to certify after examination as eligible any applicant who:

(1)is found to lack any of the minimum qualifications for examination prescribed in the rules and regulations adopted for the position or employment for which the applicant has applied;

(2)is physically unfit for the performance of the duties of the position to which the applicant seeks employment;

(3)is illegally using a controlled substance, as defined in section 102 of the Controlled Substances Act (Public Law 91-513, 21 U.S.C. § 802);

(4)has been guilty of any crime involving moral turpitude or of infamous or notoriously disgraceful conduct;

(5)has been dismissed from public service for delinquency or misconduct of office; or

(6)is affiliated with any group whose policies or activities are subversive to the form of government enumerated in the Constitutions and laws of the United States and this Commonwealth.

(b)Hearing requirements.--

(1)If an applicant is aggrieved by the refusal of the commission to certify the applicant as eligible after examination or a person is aggrieved by refusal of the commission to examine the person, the commission shall, at the request of the applicant or person aggrieved, within ten days, appoint a time and place for a public hearing.

(2)At the hearing, the applicant or person aggrieved may appear with or without counsel, and the commission shall take testimony and review its refusal to provide examination or certification.

(3)The deliberations of the commission, including interim rulings on evidentiary or procedural issues, may be held in the nature of a closed executive session.

(4)The commission's disposition of the matter shall constitute official action which shall occur at a public meeting held under 65 Pa.C.S. Ch. 7 (relating to open meetings).

(5)The decision of the commission shall be final.

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Cross References. Section 1183 is referred to in sections 1184, 1186, 1188 of this title.

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