An employe formally charged with criminal conduct, as referred to in § 7.174 (relating to required action when an employe is formally charged with criminal conduct other than a felony and not related to his employment with the Commonwealth), shall be subject to an immediate investigation conducted by the agency head or his designee.

1. (1) Purpose. The purpose of the investigation shall be to determine whether sufficient reason exists for disciplinary action including, but not limited to, suspension without pay, demotion or dismissal.

2. (2) Conduct of investigation. In the investigation, the relevant facts shall be promptly gathered and considered. The agency’s chief counsel may assist the agency head or his designee in making the investigation. The investigation shall be completed within 12 working days from the date on which the Secretary of Administration is notified under § 7.176 (relating to final determination). An extension of this period may be granted only by the Secretary of Administration, in writing, and only on a showing, in writing, by the agency head or his designee of a conscientious effort to meet the deadline and an explanation of the reasons why the deadline cannot be met. Only one extension may be granted, which extension may not exceed 12 working days.

   1. (i) Law enforcement agencies. In the investigation, the agency head or his designee may request the assistance of a law enforcement agency involved in the matter; however, this may not relieve the appointing authority or his designee of the responsibility to make an independent evaluation.
   2. (ii) Employe contact. In the investigation, the agency head or his designee shall afford the employe an opportunity to explain the accusations made against him, and the opportunity to have representation during meetings which relate to the investigation, if representation is requested, and the opportunity to submit additional information the employe may wish to provide.

Source

The provisions of this § 7.175 amended by Executive Order No. 1980-18, dated and effective May 16, 1984, 14 Pa.B. 2036. Immediately preceding text appears at serial pages (55495) to (55496).

Cross References

This section cited in 4 Pa. Code § 7.171 (relating to procedures); 4 Pa. Code § 7.174 (relating to required action when an employe is formally charged with criminal conduct other than a felony and not related to his employment within the Commonwealth); and 4 Pa. Code § 39.12 (relating to criminal cases).