1. (a) Place and manner. Requests for hearings shall be filed with the Commission on and in accordance with the Commission’s form, which may be obtained by contacting the Commission.
2. (b) Time limits. Appeals must be received by close of business or postmarked not more than 20 calendar days after the job seeker or civil service employee receives notice of the challenged action or becomes aware that discrimination has occurred.
3. (c) Receipt. If there is no postmark or the postmark is unreadable, the filing date shall be the date recorded by the Commission when it receives the document.

4. (d) Form. Requests for hearings shall be:

   1. (1) Made in writing.
   2. (2) Signed by the individual appealing.

5. (e) Contents.

   1. (1) General requirements. Requests for hearings shall state clearly and concisely all of the following:

      1. (i) Grounds of the interest of the person in the subject matter.
      2. (ii) Facts relied upon.
      3. (iii) Relief sought.

   2. (2) Written notification.

      1. (i) Requests for hearings shall include a copy of the written notice of the challenged actions.
      2. (ii) If written notice was not received, a written explanation of why the appeal does not contain a written notification shall be included with the request for hearing.

   3. (3) Discrimination claims.

      1. (i) In addition to the requirements in paragraphs (1) and (2), requests for hearings which allege discrimination shall specify all of the following:

         1. (A) The acts complained of.
         2. (B) How the treatment differs from treatment of others similarly situated, if applicable.
         3. (C) When the acts occurred.
         4. (D) When and how the person appealing first became aware of the alleged discrimination.
      2. (ii) Requests for hearings which allege discrimination and do not include specific facts relating to discrimination may be dismissed.
6. (f) Amendments. Acceptance of an amendment to an appeal is solely at the discretion of the Commissioners.
7. (g) Subsections (a)—(f) supplement 1 Pa. Code § § 35.9 and 35.10 (relating to formal complaints generally; and form and content of formal complaints).

Authority

The provisions of this § 105.12a added under 71 Pa.C.S. § 3003(1); and section 506 of The Administrative Code of 1929 (71 P.S. § 186).

Source

The provisions of this § 105.12a added August 15, 2025, effective August 16, 2025, 55 Pa.B. 5862.