§ 95.2. Residence requirements.

 (a)  Resident defined. A resident is a person who resides, and who has manifested the intent to continue to reside in this Commonwealth or a former resident of this Commonwealth who meets the criteria in paragraph (2)(i) or (ii).

   (1)  Evidence of intent to continue to reside in this Commonwealth includes the following:

     (i)   Rent, lease or purchase of a property which the applicant has made a primary residence in this Commonwealth.

     (ii)   Payment of State and local taxes.

     (iii)   Registration of personal property, such as bank accounts, stocks, and bonds and automobiles within this Commonwealth.

     (iv)   Possession of a current Pennsylvania driver’s license.

     (v)   Current registration to vote in this Commonwealth.

   (2)  Former residents of this Commonwealth who relocated out-of-State for academic or employment purposes, shall establish Pennsylvania residency within 6 months of beginning employment in the classified service and shall have done one of the following:

     (i)   Graduated from a public, private or nonpublic secondary school in this Commonwealth within 5 years of applying for a position in the classified service.

     (ii)   Attended a public, private or nonpublic school in this Commonwealth at least 80% of the time while enrolled in grades one through twelve and attended the school within 5 years of applying for a position in the classified service.

 (b)  Application. Application requirements are as follows:

   (1)  Persons appointed, promoted or reinstated to positions in the classified service shall be legal residents of this Commonwealth, unless residency has been waived. The provisions in this paragraph do not apply to persons who previously held regular civil service status and are returned to employment from an approved leave of absence without pay or through mandatory reemployment or contractual recall or placement rights.

   (2)  The Director, upon submission by an appointing authority of satisfactory justification, may limit certification for appointment or promotion to eligibles who are residents of a county or other administrative district. The limitations will not be imposed for a class for which residence in this Commonwealth has been waived.

   (3)  In the absence of, or upon exhaustion of, a county or other administrative district list, the Director may certify residents of contiguous counties or districts or of the entire Commonwealth as deemed appropriate by the Director.

   (4)  If an eligible changes residence from one district or county to another district or county of this Commonwealth, the Director may, upon request, transfer the person’s eligibility to the other existing promotion or employment list.

 (c)  Waiver. When it appears that there is an inadequate supply of well qualified residents of this Commonwealth available for a particular occupation, the Director, upon request by one or more appointing authorities, may waive the residency requirement for a position, a class or a group of classes.

Source

   The provisions of this §  95.2 adopted October 18, 1961; amended October 15, 1964 and April 16, 1970; amended March 29, 1985, effective March 30, 1985, 15 Pa.B. 1151; amended November 15, 1991, effective November 16, 1991, 21 Pa.B. 5334; amended March 12, 2004, effective March 13, 2004, 34 Pa.B. 1442. Immediately preceding text appears at serial pages (229022) and (287671).

Notes of Decisions

   A Commission decision, that an employe had not violated the provisions of subsection (a), while not binding on unemployment compensation authorities, supports a court holding, contrary to that of the Unemployment Compensation Board of Review, that the record does not support a conclusion that the employe was guilty of willful misconduct. Chew v. State Correctional Institution, 412 A.2d 206 (Pa. Cmwlth. 1980).



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