Pennsylvania § 1943 - Rejection of applicant and hearing.

§ 1943. Rejection of applicant and hearing.

(a) Refusal.--The civil service commission may refuse to examine or may refuse to certify after examination as eligible, an 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 or employment for which the applicant has applied;

(3) is illegally using a controlled substance as defined in the Controlled Substances Act (Public Law 91-513, 84 Stat. 1236);

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

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

(6) is affiliated with a group which has policies or engages in activities that are subversive to the form of government established in Federal or State law.

(b) Hearing.--

(1) If an applicant is aggrieved by the civil service commission's refusal to certify the applicant as eligible after an examination or by the civil service commission's refusal to examine the individual, the civil service commission shall, at the request of the applicant or individual aggrieved, set a date, time and place for a public hearing within 10 days after the receipt of the request for a public hearing.

(2) At the public hearing, the applicant or individual aggrieved may appear with or without counsel and the civil service commission shall take testimony and review the civil service commission's refusal to provide the examination or certification. The deliberations of the civil service commission regarding the matter, including interim rulings on evidentiary or procedural issues, may be held as a closed executive session.

(3) The civil service 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), and the civil service commission's decision on the matter shall be final.

Cross References. Section 1943 is referred to in sections 1944, 1946, 1948 of this title.