Pennsylvania Code › Title 51 - PUBLIC OFFICERS › Part I - State Ethics Commission › Chapter 21 - INVESTIGATIONS › GENERAL › Section 21.5 - Conduct of investigations

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Within 72 hours of the commencement of an investigation, the complainant will
				  be provided notification thereof by first class mail.
(b) The respondent will be provided with a
				  general statement of the alleged violation of the act and other applicable
				  statutes under investigation. Service of the notice is complete upon mailing
				  which will be by certified or registered mail.
(c) The complainant and respondent will be
				  notified of the status of the investigation every 90 days until it is
				  complete.
(d) The Commission may
				  employ or be assigned staff, including attorneys, investigators and hearing
				  officers, as may be required to properly investigate, review and dispose of
				  complaints and investigations.
(e)
				  The Executive Director, staff counsel, director of investigations and special
				  investigators have the authority to conduct interviews, take statements,
				  receive and inspect documents and records and otherwise obtain evidence and
				  gather information by lawful means.
(f) Commission staff members identified in
				  subsection (e) are designated to administer oaths or affirmations for the
				  purpose of obtaining voluntary sworn statements with regard to matters which
				  may properly come before the Commission.
(g) A person having possession or control of
				  documents or records deemed relevant to an investigation that the Commission is
				  authorized to conduct may be required to produce the materials for inspection
				  by subpoena served by the members of the Commission staff designated in
				  subsection (e). These Commission staff members have the right to retain or have
				  access to subpoenaed documents and records for a reasonable period, and to make
				  copies thereof.
(h) The Commission
				  may authorize one or more members of the Commission staff designated in
				  subsection (e) to obtain by subpoena the sworn statement of a person deemed to
				  have information relevant to an investigation that the Commission is authorized
				  to conduct.
(1) Sworn statements may be
				  conducted by and before one or more of the staff members in subsection
				  (e).
(2) Testimony received in the
				  preparation of a sworn statement will be under oath or affirmation administered
				  and recorded by a stenographer.
(3)
				  The authority to question a witness appearing for a sworn statement will be
				  limited to staff members taking the sworn statement, the hearing officer and
				  counsel for the witness.
(4)
				  Persons permitted to be in attendance at the preparation of a sworn statement
				  will be limited to staff members of the Commission, the hearing officer, the
				  witness, counsel for the witness and a stenographer.
(5) A witness giving a sworn statement may
				  object to a question if it is irrelevant or privileged.
(6) A witness subpoenaed by the Commission is
				  entitled to compensation as fixed by
				  42 Pa.C.S. §
												5903
				  (relating to compensation and expenses of witnesses).