2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 4 - AMUSEMENTS › Chapter 39 - Enforcement › Section 3907 - Additional authority

§ 3907. Additional authority.
(a) Petition for access to agency information.--
(1) The director of the Office of Enforcement Counsel within the bureau may petition a court of record having jurisdiction over information in the possession of an agency in this Commonwealth or, if there is no such court, then the Commonwealth Court for authorization to review or obtain information in the possession of an agency in this Commonwealth by averring specific facts demonstrating that:
(i) The agency has in its possession information material to a pending investigation or inquiry being conducted by the bureau pursuant to this part.
(ii) Disclosure or release of the information is in the best interest of the Commonwealth.
(2) The petition shall request that the court enter a rule upon the agency to show cause why the agency should not be directed to disclose to the bureau, or identified agents thereof, information in the agency's possession about any pending matter under the jurisdiction of the bureau pursuant to this part.
(3) If the respondent is a local agency, a copy of a rule issued pursuant to this section shall be provided to the district attorney of the county in which the local agency is located and the Office of Attorney General.
(4) Upon request of a local agency, the district attorney or the Attorney General may elect to enter an appearance to represent the local agency in the proceedings.
(b) Procedure.--
(1) The filing of a petition pursuant to this section and related proceedings shall be in accordance with court rule, including issuance as of course.
(2) A party to the proceeding may not disclose the filing of a petition or answer or the receipt, content or disposition of a rule or order issued pursuant to this section, without leave of court.
(3) A party to the proceedings may request that the record be sealed and proceedings be closed. The court shall grant the request if it is in the best interest of a person or the Commonwealth to do so.
(c) Court determination.--
(1) Following review of the record, the court shall grant the relief sought by the director of the Office of Enforcement Counsel if the court determines that:
(i) The agency has in its possession information material to the investigation or inquiry.
(ii) Disclosure or release of the information is in the best interest of the Commonwealth.
(iii) The disclosure or release of the information is not otherwise prohibited by statute or regulation.
(iv) The disclosure or release of the information would not inhibit an agency in the performance of the agency's duties.
(2) If the court so determines, the court shall enter an order authorizing and directing the information be made available for review in camera.
(d) Release of materials or information.--
(1) If, after an in-camera review by the court, the director of the Office of Enforcement Counsel seeks to obtain copies of materials in the agency's possession, the court may, if not otherwise prohibited by statute or regulation, enter an order that the requested materials be provided.
(2) An order authorizing the release of materials or other information shall contain direction regarding the safekeeping and use of the materials or other information sufficient to satisfy the court that the materials or information will be sufficiently safeguarded.
(3) In making the determination under paragraph (2) the court shall consider input of the agency in possession of the information and input from any agency with which the information originated concerning a pending investigation or ongoing matter and the safety of person and property.
(e) Modification of order.--
(1) If subsequent investigation or inquiry by the bureau warrants modification of an order entered pursuant to this section, the director of the Office of Enforcement Counsel may petition to request modification of the order.
(2) Upon the request, the court may modify the order at any time and in any manner it deems necessary and appropriate.
(3) The agency named in the original petition shall be given notice and an opportunity to be heard.
(f) Use of information or materials.--
A person who, by any means authorized by this section, has obtained knowledge of information or materials solely pursuant to this section may use the information or materials in a manner consistent with any direction imposed by the court and appropriate to the proper performance of the person's duties under this part.
(g) Violation.--
In addition to the remedies and penalties provided in this part, a violation of the provisions of this section may be punished as contempt of court.
(h) Definition.--
As used in this section, the term "agency" shall mean a "Commonwealth agency" or a "local agency" as those terms are defined in section 102 of the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.