Pennsylvania Regulations § 7.176 Final determination

(a) After completion of the investigation, the agency head shall have 5 working days to make a final determination as to whether the results of the investigation establish sufficient reason for disciplinary action and, if established, what disciplinary action shall be taken. The Secretary of Administration and the General Counsel shall review this decision and ratify the decision of the agency head absent an abuse of discretion. An extension of this period may be granted only by the General Counsel or his designee, in writing, and only on a showing, in writing, by the agency head of a conscientious effort to meet the deadline and an explanation of the reasons why that deadline cannot be met. Only one extension may be granted, which extension shall not exceed 5 working days.

(b) In determining whether sufficient reason for disciplinary action exists, the agency head shall consider, among other factors, all of the following:

(c) If sufficient reason for disciplinary action is determined to exist, the agency head shall immediately take appropriate disciplinary action including, but not limited to, suspension of pay, demotion or dismissal, which action shall be reviewed by the Secretary of Administration and the General Counsel and ratified by them absent a finding of abuse of discretion.

(d) If, based on information available at that time, a finding of sufficient reason is not made, the employe shall be notified of the disposition and shall retain or be retroactively reinstated to his previous position.

(e) The subsequent availability of pertinent information shall require an appointing authority or his designee to reconsider the previous disposition and renew investigation into the conduct at issue.