Section 9.11. Definitions

(a) The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:

Act—The Employment Agency Law (43 P. S. § § 535—581).

Hearing—A quasi-judicial proceeding held by the Department for the purpose of taking evidence to determine issues.

Interested person—Any person who has a demonstrable interest in the decision resulting from any hearing.

Lose a position—An applicant has voluntarily or involuntarily terminated employment within 10 weeks from the starting date.

Party—Any person whose rights are necessarily and directly affected by the decision from any hearing.

Temporary fee—The fee due for any position which is known, at the time of its acceptance, to be for a duration of 10 weeks or less, or if originally permanent, ceases within 10 weeks from the starting date for any reason except the following:

(i) Applicant accepts a position but fails to report for work on the agreed upon starting date.

(ii) Applicant resigns to accept employment elsewhere.

(b) Those terms used in this subchapter and which are defined in the Employment Agency Law (43 P. S. § 535) and not otherwise defined in (45 P. S. § § 535—581) subsection (a), shall have the same meaning as specified in such law, unless the context clearly indicates otherwise.

Notation

Notes of Decisions

Lose a Position

The definition of ‘‘lose a position’’, in that losing a position includes voluntary and involuntary termination, must be read into the intent of 43 P. S. § 574(m). Novelli v. Pancoast Personnel, Inc., 390 A.2d 1323 (Pa. Super. 1978).