Subchapter B. SPECIAL HEARING PROCEDURES


Sec.


145.21.    Deputy wildlife conservation officer hearing procedure.

§ 145.21. Deputy wildlife conservation officer hearing procedure.

 (a)  Deputy wildlife conservation officers will not be dismissed from Commission service without first being granted an opportunity for a hearing, unless the hearing is waived by the Deputy whose dismissal is proposed.

 (b)  A Deputy wildlife conservation officer who is suspended and recommended for dismissal on the grounds of negligence, disregard of duties, conduct unbecoming an officer, unsatisfactory work or indiscreet act will be cited for a hearing and dismissal on the grounds of inefficiency, indiscretion or insubordination.

 (c)  Charges against a Deputy wildlife conservation officer for reason of negligence, disregard of duties, conduct unbecoming an officer, unsatisfactory work or indiscreet act may be brought by a superior officer, in writing, and filed with the Director.

 (d)  When charges are filed, the Director will promptly transmit a copy of the written charges to the Deputy, with notice the Deputy may file a written answer. A hearing shall be requested within 30 days from the date the charges are mailed to the Deputy. If no written request for a hearing is received within the 30-day period, the Deputy’s commission will be recalled and the Deputy will be dismissed.

 (e)  If a hearing is requested, the Director will appoint a member of the staff as hearing officer to hear the charges. Hearings conducted under this subchapter are considered disciplinary matters and will be closed to the public.

 (f)  The hearing officer will give written notice to the Deputy charged of the hearing time, including notice that he may appear in person, with or without counsel, and that he and his witnesses will be heard. Hearings will be held at the central office of the Commission, except when deemed in the best interest of the Commission by the hearing officer.

 (g)  The hearing officer is not required to follow technical rules of evidence or court procedure.

 (h)  At the conclusion of the hearing, the hearing officer will make findings and conclusions, including a recommendation for dismissal or reinstatement of the person charged, and certify the same to the Director.

 (i)  The Director will review the findings of the hearing officer and decide the matter within 30 days of the hearing’s conclusion.

Authority

   The provisions of this §  145.21 issued under The Game Law (34 P. S. §  1311.101—1311.1502) (Repealed); and the Game and Wildlife Code, 34 Pa.C.S. § §  101—2965.

Source

   The provisions of this §  145.21 adopted June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464; amended February 26, 1999, effective February 27, 1999, 29 Pa.B. 1071. Immediately preceding text appears at serial page (202807).



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